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Citation
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Judgment date
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| December 1958 |
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Represented accused retains right to make an unsworn dock statement; wrongful refusal can vitiate conviction.
Criminal procedure — s.227(3) Criminal Procedure Code — right of accused to make unsworn dock statement although legally represented; evidential status and weight of unsworn dock statements; timing of dock statement relative to defence witnesses and addresses; wrongful refusal to permit dock statement may vitiate conviction.
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20 December 1958 |
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Conviction set aside where trial court misdirected itself on prior consistent statements and improperly rejected the alibi.
Criminal procedure – identification evidence – prior consistent statements – generally inadmissible except to rebut impeachment or recent fabrication; court’s duty to require production or proper proof of prior statements; alibi evidence – improper rejection and misdirection; irregularity causing failure of justice.
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15 December 1958 |
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The appellant’s attack that a delayed complaint undermined the rape conviction failed where medical and eyewitness corroboration supported the complainant.
Rape and robbery – delayed complaint – admissibility of evidence of complaint to negative silence and show consistency – weight of delay and evasive conduct – corroboration by medical (hymenal tears), eyewitness and circumstantial evidence – procedural irregularity in leading complaint not resulting in failure of justice.
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12 December 1958 |
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Provincial income tax may not be levied on the penal additional tax imposed under section 65 of the Income Tax Act.
Tax law — Section 65 additional tax of Income Tax Act — Penal character of additional charge — Not 'income' within meaning of Income Tax Act; Provincial taxation — Act 38 of 1945, s.8 — Provincial tax limited to ‘income’ defined in Income Tax Act; Provincial assessments invalid where calculated on section 65 charges.
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10 December 1958 |
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Proceeds from sale of share subscription rights were taxable where the shares were held as part of a profit‑making trading scheme.
Income tax — sale of subscription rights — whether proceeds are income or capital; Character of assets — intention at acquisition; Change of intention/policy — effect of later alteration of memorandum and directors' statements; Group finance and share‑dealing — indicators of a profit‑making scheme; Sale of rights integral to trading scheme qualifies as income.
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10 December 1958 |
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Provisional acceptance of new terms did not create a contract; Natal s.68 limitation does not cover subsidized community schools.
Bantu Education Act – conversion of Government Bantu School to Bantu Community School – conditions of service – formation of contract by acceptance of Appendix A where Annexure A not completed – Glen Grey–Butterworth principle. Prescription/limitation – Natal Education Ordinance s.68 – applicability limited to schools "maintained by the Administration"; s.15(4) of Bantu Education Act does not extend s.68 to subsidized community schools.
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10 December 1958 |
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Confining a servant nearby while stealing from the house constitutes robbery; identification evidence upheld.
Criminal law – Robbery – requirement that property be taken from the person of or in the presence of victim – taking from house while servant assaulted and confined in adjacent room regarded as taking in victim's presence. Criminal procedure – Identification – credibility and opportunity to observe – appellate court reluctant to disturb magistrate's acceptance of Crown witnesses. Common law – elasticity of 'in presence' requirement in robbery offences.
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10 December 1958 |
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Conviction for attempted murder set aside because identification and circumstantial evidence did not exclude reasonable doubt.
Criminal law – attempted murder – proof beyond reasonable doubt – reliability of identification by close neighbours – circumstantial evidence and motive – appellate review where verdict rests on doubtful witness identification
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10 December 1958 |
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Profit on sale of shares by a poorly capitalised, highly borrowed holdings company was held to be taxable revenue, not capital.
Tax law – Nature of receipts – Whether profit on sale of shares is income or capital – Characterisation depends on facts and intention; factors include capitalisation, borrowing, income-producing assets, marketability and purpose of acquisition; appellate review of factual characterisation limited to cases where no reasonable evidence supports the finding
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10 December 1958 |
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Payments induced by threats from a police officer constituted extortion; witness credibility and compulsion elements upheld, appeal dismissed.
Criminal law – Extortion (afpersing) – element of compulsion established by threats of arrest, fine, confiscation and deportation – credibility of complainants – use of evidence from one charge to support findings on another – variance between charge-sheet and oral evidence not necessarily fatal.
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10 December 1958 |
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A valid, Secretary‑approved school‑board contract displaced a teacher’s prior Ordinance protection; dismissal under the new conditions was upheld.
Administrative law – Bantu Education Act – ministerial regulations – validity and promulgation by Government Notice; Education law – transfer of teachers from provincial to national service – effect of contracts adopted by school boards on prior statutory protections; Contract law – teacher’s contract under Appendix A – effect of Secretary’s approval; Public policy – whether contracting out of statutory protection permitted.
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10 December 1958 |
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Whether the marital presumption of paternity can be rebutted on a balance of probabilities by spouses' testimony of abstinence.
Family law – legitimacy – presumption pater est quem nuptiae demonstrant – presumption rebuttable in civil proceedings on a balance of probabilities by evidence of non-access by spouses during conception period. Evidence – standard of proof in civil cases – preponderance of probabilities applies to rebuttal of legal presumptions. Credibility – appellate court will not lightly disturb magistrate’s findings on witness credibility and acceptance/rejection of evidence.
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10 December 1958 |
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A notice under s.99(a) need only substantially state essentials so the Administration can investigate, not satisfy hyper-technical particularity.
Administrative liability — notice requirements under Ordinance 9 of 1933 s.99(a) — substantial (not hyper-technical) compliance sufficient; notice must identify incident, date, vehicle and cause to permit investigation; question whether Provincial notice provision is repugnant to national Act 29 of 1942 left open.
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8 December 1958 |
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Identification issues and absence of available prosecutorial evidence persuaded the court to grant leave to appeal.
Criminal law – Identification evidence – Sufficiency and reliability of eyewitness identification – Alibi contradicted by prison records – Prosecution’s failure to call available evidence (e.g. police witness) may render conviction arguable – Leave to appeal granted.
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8 December 1958 |
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Whether service "in writing" under s.93 requires personal delivery and whether a mailed debit note suffices as statutory notice.
Municipal law – interim valuations and rates – s.93 Ordinance No. 6 of 1948 – meaning of "serve notice in writing" – informal written communication and postal delivery as sufficient service; posting raises rebuttable presumption of delivery; fourteen‑day limit peremptory as to diligence but breach does not automatically invalidate valuation; debit note/account may constitute statutory notice.
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8 December 1958 |
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Donated shares must be valued as the identical shares at death; a later genuine capital increase does not change their death-duty value.
Death duty – Donation inter vivos of shares – Identity of donated property – Valuation as at date of death under Death Duties Act s.5(d) – Effect of subsequent genuine increase in company capital – Control and valuation
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4 December 1958 |
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Appellant’s fraudulent obtaining and conversion of company cheques amounted to theft; convictions and suspended sentence upheld.
Criminal law – Theft – fraudulosa contrectatio – obtaining cheques by false representation and applying them to personal debts constitutes theft (cheque equivalent to money). Criminal procedure – Appeal – credibility findings of trial court – appellate court may uphold magistrate’s findings where supported by evidence. Criminal procedure – Variance between charge and evidence – section 180(4) Act 56 of 1955 can validate conviction where accused not prejudiced. Sentencing – refusal to delete suspended portion where magistrate was satisfied restitution had been made.
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4 December 1958 |
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Misdirection on accomplice corroboration was an irregularity; convictions set aside as proper jury would not inevitably have convicted.
Criminal law – accomplice evidence – cautionary rule – trial judge’s misdirection where corroboration “in material respects” was treated as sufficient without requiring corroboration implicating the accused – misdirection amounts to irregularity; appellate test whether a reasonable jury properly instructed would inevitably have convicted; accomplice indemnity/discharge (s.254) procedural issues noted but not decided.
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2 December 1958 |
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Court allowed suspension of a second compulsory whipping where successive whippings close in time amounted to special circumstances.
Criminal law; compulsory whipping and imprisonment; suspension of sentence; "special circumstances" (temporal proximity of offences and multiple whippings); limitation on suspending only part of a sentence when both whipping and imprisonment are imposed; appellate power to alter sentence but not to increase severity.
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1 December 1958 |
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Appellate court affirms conviction for theft of 19 ewes, finding trial credibility and sentencing exercise proper.
Criminal law — Theft of livestock — sufficiency of identification by ear‑marks and other marks, age evidence and inspections; appellate review of magistrate’s credibility findings; sentencing discretion.
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1 December 1958 |
