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Citation
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Judgment date
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| March 1958 |
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A guest who signs a hotel register containing an exclusion clause is bound by it; mere failure to read is not justus error.
Contract law – signature of visitor on hotel register – exclusion clause – effect of signing; justus error and misrepresentation – when failure to read document disentitles signatory to repudiate; innkeeper/hotel liability excluded by clear contractual term covering theft and employee negligence.
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27 March 1958 |
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Whether a named "husband" in a will must be spouse at death to acquire a life usufruct.
Wills – interpretation – construction of descriptive phrase "her husband the said [name]" – whether words impose condition that legatee be spouse at death – grammatical meaning versus implied restrictive intention – extrinsic circumstances (community of property, cancellation of bond) do not justify adding words to limit usufruct.
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27 March 1958 |
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Municipalities with permissive street powers are not liable for pothole injuries unless they introduced a new danger.
Municipal liability for street defects; permissive street-making powers; no liability for mere omission to repair; liability only where municipality introduced a new danger; knowledge/failure-to-take-precautions pleading insufficient to avoid established rule.
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27 March 1958 |
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A corporate respondent was bound by its manager's communicated acceptance despite internal non-approval under the Turquand rule.
Company law; agency and ostensible authority; communication of acceptance; indoor management rule (Turquand rule) protects third parties against internal irregularities; narrow scope of unilateral-mistake defence.
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27 March 1958 |
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Appellant’s conduct, concealment of the weapon and receipt of deceased’s money proved murder; appeal dismissed.
Criminal law – Murder by strangulation – Evidence and credibility of accused’s testimony; concealment of weapon and subsequent possession of deceased’s money as strong circumstantial proof of participation; admissibility and restricted use of post‑arrest statements (confessions); accessory after the fact – elements and proper verdict; sentencing – youth not per se mitigating where facts warrant extreme penalty
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27 March 1958 |
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Expropriation under the 1945 Housing Act was inapplicable where proposed native location included buffer strips, so the notice was invalid.
Expropriation — statutory basis — whether Housing (Emergency Powers) Act 1945/regulations or Natives (Urban Areas) Act governs expropriation for native locations
Interpretation — ‘housing scheme’ definition; inclusion of open spaces versus buffer strips
Section 2(3) 1945 Act — suspension of inconsistent law while regulations in force — effect on conflict with Urban Areas Act. Procedural/ministerial approvals — role of ministerial/administrator approvals in location creation and expropriation
Compensation — differing valuation bases under Housing Act and Urban Areas Act
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27 March 1958 |
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Complainant's nighttime identification upheld where surrounding circumstances corroborated recognition beyond reasonable doubt.
Criminal law – Rape – Identification evidence – Reliability of single-witness identification at night – Surrounding circumstances (cap, knowledge complainant was alone, build, speech, parade selection) as corroboration – Voice parade and alleged parade irregularities considered and rejected.
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26 March 1958 |
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A partner is prima facie guilty under s.381(7) unless she proves non‑participation and inability to prevent the offence; sentence reduced and suspended.
Criminal law – Partnership – s.381(7) Criminal Procedure Act – Evidential/deeming provision not a new substantive offence – Indictment particularity where sub-section relied upon – Onus on partner to prove non-participation and inability to prevent offence – Admissibility of preparatory statements – Splitting of charges – Sentencing discretion and suspension.
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25 March 1958 |
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Municipal emergency‑camp regulations do not automatically expropriate private property; inclusion requires lawful expropriation.
Prevention of Illegal Squatting Act 52 of 1951 (s.6(1)) – emergency camps – municipal power to fix camp perimeter – whether regulations can include private property – regulations do not effect automatic expropriation – presumption against interference with common‑law proprietary rights – trading rights as incident of ownership.
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24 March 1958 |
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Statute criminalising two contradictory sworn statements may apply where the first statement pre-dates the statute; appeal dismissed.
Criminal law – Statutory construction – offence consisting of two contradictory sworn statements – whether statute applies when first statement pre-dates commencement – presumption against retrospectivity and actus pendens.
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24 March 1958 |
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An accused cannot successfully appeal merely because counsel kept him out of the witness box absent withdrawal of mandate or shown prejudice.
Criminal law – right to testify – authority of counsel to control conduct of defence – accused must attempt to withdraw counsel’s mandate to take over conduct of trial
Evidence – out‑of‑court admissions – application of Rex v Valachia – unsworn statements favourable to accused may be treated as evidence but are of lesser cogency if untested. Trial irregularity – misdirection that was harmless beyond reasonable doubt; no miscarriage of justice. Counsel ethics – where client insists on self‑harmful testimony advocate should consider withdrawal
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24 March 1958 |
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Magistrate’s circular reasoning and misdirections meant guilt was not proved beyond reasonable doubt; appeal allowed.
Criminal law – appeal – trial judge’s misdirection, circular reasoning and misstatement of evidence – weight of trial judge’s credibility findings on appeal – sufficiency of evidence to convict beyond reasonable doubt; treatment of police witness evidence.
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24 March 1958 |
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Intercourse was proved and appellant identified, but lack of consent for rape was not proved beyond reasonable doubt; conviction reduced.
Criminal law – Sexual offences – Rape – Distinction between proof of intercourse and proof of non‑consent – Assessment of complainant’s credibility and circumstantial evidence – Alibi evidence – Weight of medical and pathological findings (spermatozoa and hymenal tear) – Admissibility/weight of pathologist’s affidavit.
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24 March 1958 |
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Appeal allowed: killing found defensible as self-defence; conviction and sentence set aside.
• Criminal law – self-defence – accused stabbed after being stabbed from behind; whether response was reasonable and justified. • Criminal law – burden of proof – Crown must exclude self-defence beyond reasonable doubt. • Evidence – assessment of credibility where Crown witnesses conflict with accused and probable concealment of incriminating evidence. • Provocation – relevance to mens rea but insufficient to displace reasonable self‑defence finding
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24 March 1958 |
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Appeal partly succeeds: assault convictions upheld as common assault, but original sentence reduced and fines imposed for property damage.
Criminal law – assault with intent to murder – where shots fired but no evidence of intention to hit or to kill – conversion to common assault; malicious damage by shooting animals; appellate review for misdirection and excessiveness of sentence – sentence reduced and replaced
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20 March 1958 |
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Alleged misdirection about defence witnesses did not vitiate convictions; a reasonable tribunal would inevitably have convicted.
Criminal law – Appeal – Alleged misdirection by trial magistrate in assessing defence witnesses – distinction between imperfect consideration and irregularity. Criminal evidence – Evaluation of credibility and corroboration of witness testimony (native witnesses and police). Criminal procedure – Standard for overturning conviction where irregularity alleged: whether a reasonable tribunal would inevitably have convicted. Documentary evidence – F.I.C. forms and R.C.A. numbers as corroborative material
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20 March 1958 |
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Appeal on the record dismissed; verdict and sentence set aside and remitted for rehearing to admit new evidence.
Criminal procedure — appeal and reopening of trial — exceptional circumstances required to admit further evidence post-conviction — applicant must explain failure to adduce at trial and show new evidence prima facie credible and likely to affect result; late court-called testimony and failure to recall accused; significance of newly discovered evidence of intoxication and of whereabouts/employment; remittal for rehearing de novo with leave to recall and cross-examine witnesses.
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10 March 1958 |
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Uncorroborated identification after poor observation and delay rendered conviction unsafe; appeal allowed and conviction set aside.
Criminal law – Rape – Identity – Single‑witness identification – Caution required where identification based on poor lighting, limited observation and delay; identification parade irregularity considered but unnecessary to decide – Weight of in loco inspection limited.
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10 March 1958 |
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Consent induced by forgery is not true consent; indictment amended and accused not discharged.
Criminal law – Theft – Consent obtained by forgery or false pretence is not true consent – Theft properly chargeable even where property handed over following forged instrument – Amendment of indictment and particulars – Sufficiency of particulars where theft committed by false pretence.
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4 March 1958 |
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Applicant failed to show reasonable excuse or materiality for new mitigation evidence; conviction and sentence confirmed, leave to appeal granted.
Criminal law – sentence review – application to set aside sentence and remit for mitigation evidence – requirement to show reasonable explanation for failure to lead evidence at trial – materiality of proposed evidence – appellate interference only where evidence would likely have affected sentence.
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3 March 1958 |
