Supreme Court of Appeal of South Africa

The Supreme Court of Appeal is, except in respect of certain labour and competition matters, the second highest court in South Africa. In terms of the Constitution, it is purely an appeal court and may decide only appeals and issues connected with appeals. (Banner image by Ben Bezuidenhout).

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12 judgments

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12 judgments

Citation	Judgment date
November 1958
R v Khunon (232/58) [1958] ZASCA 83 (27 November 1958) Eyewitness and police‑admission corroboration supported murder conviction; self‑defence rejected and death sentence affirmed. Criminal law — Murder — Use of lethal weapon and fatal wound in vital part — Intention to kill may be inferred; Evidence — Credibility of eyewitness and corroborating police admission; Self‑defence — not established; Sentence — death affirmed on appeal.	27 November 1958
R v Latib (30/58) [1958] ZASCA 82 (27 November 1958) Representation of being "able and willing to pay" denotes present intention to pay; causing others to make such representations supports conviction. Criminal law – False pretences – "able and willing to pay" – represents purchaser's present intention/belief to pay when due – agency/causing representations by others – insolvency and use of companies in fraud.	27 November 1958
Ex parte: Minister of Justice ; In re: R v Gesa ; R v De Jongh (160/58) [1958] ZASCA 80 (24 November 1958) A victim’s handing over of property under threats of immediate violence constitutes robbery and theft; actual force is not required. Criminal law – Robbery – Definition – Whether threats causing a victim to hand over property constitute robbery; actual physical force not required. Criminal law – Theft and fraud – Handing over induced by deception or fear vitiates consent; overlap with extortion and theft by false pretences	24 November 1958
R v Msibi (188/58) [1958] ZASCA 81 (24 November 1958) Whether a single identifying witness proved the appellant’s guilt beyond reasonable doubt in a violent robbery. Criminal law – robbery and assault – identification by single witness – reliability of visual and voice identification; corroboration by knowledge of victim’s house and goods; necessity for caution where single-witness identification is disputed; adequacy of trial court’s reasoning and unexplained delay before arrest.	24 November 1958
R v Mbethe (221/58) [1958] ZASCA 79 (21 November 1958) Appellant’s admission of strangulation plus corroborative circumstantial evidence proved intention to kill; murder conviction affirmed. Criminal law – Murder – proof of intention where post-mortem inconclusive – reliance on circumstantial evidence and an extra-judicial admission to a third party – inferences from concealment, possession of victim’s property and false denial – distinction from R v Mlambo.	21 November 1958
S v Crause (174/58) [1958] ZASCA 78 (20 November 1958) A magistrate may amend a defective charge (even if it initially discloses no offence) if amendment causes no prejudice to the accused. Criminal procedure – Amendment of charge – Section 180(1) permits amendment of defective summonses, including those omitting essential particulars, provided amendment will not prejudice the accused; earlier obiter dictum to contrary effect disapproved. Criminal procedure – Postponement – Refusal of postponement after early amendment not prejudicial where defence had opportunity to recall witnesses and Crown evidence was overwhelming.	20 November 1958
S v Holl (106/58) [1958] ZASCA 77 (17 November 1958) Assault not proved, but circumstantial evidence and appellant’s conduct after arrest established theft; conviction upheld. Criminal law – theft and robbery – assault not proved beyond reasonable doubt; conviction of theft sustained on circumstantial evidence and appellant’s post-arrest conduct (offer to return money) indicating consciousness of guilt; credibility assessment of eyewitness and medical evidence.	17 November 1958
R v Mothlabane (125/58) [1958] ZASCA 76 (14 November 1958) Court upheld complainant’s identification corroborated by vehicle ownership/registration and convicted accused of robbery and attempted robbery. Criminal law – Identification evidence – Necessity of careful scrutiny where accused challenges identification; corroboration may be furnished by independent facts (vehicle ownership and registration). Criminal law – Corroboration – Ownership and registration of vehicle used by attackers can corroborate complainant’s identification. Criminal procedure – Late applications to re-open case or seek retrial at sentencing stage are generally not entertained. Sentencing – Court may decline to take previous convictions into account.	14 November 1958
R v Xolo (124/58) [1958] ZASCA 75 (11 November 1958) Accused convicted of murder; identification evidence accepted and extenuating circumstances found due to heated communal tensions. Criminal law – identification evidence – discrepancies in testimony – credibility – murder – mental element: intent or foresight of grave risk – extenuating circumstances due to volatile communal atmosphere.	11 November 1958
R v Revelas (130/58) [1958] ZASCA 74 (10 November 1958) A ministerial notice penalising machines 'of a similar make or type' exceeded statutory power and invalidated the conviction. Administrative law – Delegated legislation – Ministerial power under statute to declare particular machines or makes/types to be lotteries – Validity of Government Notice using 'similar make or type' rather than naming or describing make/type; Statutory interpretation – meaning of 'so named or described' and 'similar'; Criminal law – invalid delegated declaration vitiates conviction based on that declaration.	10 November 1958
Commisioner of Customs and Excise v Mincer Motors Ltd (10/58) [1958] ZASCA 73 (6 November 1958) A delivery van altered with foldaway seats and windows is not a "motor car" for excise purposes. Excise law – construction of "motor car" in tax item – ordinary meaning preferred to alleged trade meaning – altered delivery vans retain character as goods vehicles – question of "manufacture" not decided.	6 November 1958
R v Makanya (26/58) [1958] ZASCA 72 (3 November 1958) Whether identification plus corroborative coincidences suffice to convict one accused while leaving reasonable doubt for the co‑accused. Criminal law – Rape – Identification evidence: caution where parade identification fails; later recognition insufficient alone; corroboration by admissions, clothing and blood stains can be cumulative and decisive. Credibility assessment of interested witnesses; alibi and benefit of reasonable doubt.	3 November 1958