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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14 judgments

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14 judgments

Citation	Judgment date
June 1958
Rabinowitz and Another v De Beers Consolidated Mines Limited and Another (276/57) [1958] ZASCA 48 (19 June 1958) Whether companies may hold discoverer’s certificates and whether unregistered cessions are effective. Interpretation of Union Precious Stones Act (as amended): corporate capacity to hold discoverer’s certificates; effect of cession versus statutory registration on transfer of discoverer’s certificates; validity of cession despite prior contractual limitations.	19 June 1958
R v Horn (209/57) [1958] ZASCA 47 (13 June 1958) Appellate court held subjective appreciation of possible death not proved; murder conviction reduced to culpable homicide. Criminal law – Homicide – Dolus eventualis – Subjective test: accused must have actually appreciated death as a possible result and acted recklessly – Failure to prove such appreciation reduces murder to culpable homicide.	13 June 1958
R v Duma (86/58) [1958] ZASCA 46 (10 June 1958) Appellant's murder conviction upheld: identification by known witnesses reliable and alibi rejected, appeal dismissed. Criminal law – Murder – Identification evidence by witnesses who knew accused – Reliability despite night conditions (near-full moon). Criminal procedure – Alibi – Application of reasonable-possibility test; Crown’s onus to disprove alibi beyond reasonable doubt. Appellate review – No interference absent inadequate grounds or misapplication of legal tests.	10 June 1958
Davies v Liquor Licencing Board for District of Gordonia and Others (51/58) [1958] ZASCA 43 (9 June 1958) A licensing board exceeded its powers by taking a pending new-licence application into account when refusing a renewal. Liquor licensing — s.24(1) (as amended 1956) — proviso requiring renewals to be heard and disposed of before new licences are "considered" — meaning of "considered" held to be "taken into account"; board exceeded powers by taking pending new-licence application into account when refusing renewal — relief: set aside grant and order renewal. Judicial review — s.29(1)(a) — powers exceeded — entitlement to set aside proceedings and grant appropriate relief. Costs — disallowance for unnecessarily voluminous record.	9 June 1958
R v Clark (246/57) [1958] ZASCA 45 (9 June 1958) Appeal allowed: contempt conviction set aside where conduct lacked wilful insult and procedures were unfair. Contempt of court — in facie curiae — whether entry and loud request to a court officer constituted wilful insult or obstruction; summary committal powers and procedural fairness; voluntariness of guilty plea given after detention and no-bail order; judicial impropriety in witnessing police statements; de minimis rule.	9 June 1958
R v Gheghisa (114/58) [1958] ZASCA 44 (9 Junie 1958) Conviction reduced from murder to culpable manslaughter where single‑witness evidence and the defendant's conduct did not prove intent to kill. Criminal law – murder v. culpable manslaughter – caution when conviction rests on single witness; credibility and inconsistencies; sudden quarrel/excessive self‑defence; appellate substitution of verdict and sentence.	9 June 1958
Mabula v R (264/57) [1958] ZASCA 39 (6 June 1958) The appellant's rape conviction overturned because the Crown failed to prove guilt beyond reasonable doubt. Criminal law – Rape – Whether guilt established beyond reasonable doubt – Assessment of complainant’s credibility where conduct, inconsistencies and physical evidence are suspicious; consent allegation and accused’s account; safety of conviction	6 June 1958
R v Molebatsi (247/57) [1958] ZASCA 40 (6 June 1958) Appellant’s conviction for theft of church funds upheld; expert microscopy confirmed minutes’ authenticity and appeal dismissed. Criminal law – theft – proof beyond reasonable doubt – credibility of oral witnesses – document authenticity – microscopic/expert examination showing signature written over ball‑point entries – trial court’s credibility findings upheld; sentence not excessive.	6 June 1958
R v Motala (208/57) [1958] ZASCA 42 (6 June 1958) Conviction for inconsistent sworn statements upheld where accused understood questions and credibility findings supported inconsistency. Criminal law – false statements under oath – conviction under s.319(3) of Act 56 of 1955 for inconsistent sworn statements. Evidence – credibility – trial court entitled to prefer investigating officer’s account; appellant’s explanations rejected. Interpretation – construction of "since" and "kept books" in affidavit – contextual and factual matrix decisive, not strained semantic reading. Appeal – conviction not against weight of evidence when inconsistencies and credibility findings properly made.	6 June 1958
R v Moyage (249/57) [1958] ZASCA 41 (6 June 1958) A slovenly statutory charge still discloses an offence if accused not prejudiced; proof aliunde and mens rea may be inferred from circumstances. Criminal law – statutory offence (s.61(1)(b) Opium and Drugs provision) – charge wording – whether slovenly statutory charge discloses offence and causes prejudice. Criminal procedure – plea of guilty before magistrate – requirement of proof aliunde (s.258(1)(b)) – adequacy of Crown evidence. Mens rea – necessity of guilty knowledge for conveying dagga – onus to rebut prima facie inference. Sentencing – competence of alternative and cumulative terms – proviso to s.336(1) limiting cumulative imprisonment.	6 June 1958
Mouton v Hanekom (212/57) [1958] ZASCA 37 (5 Junie 1958) Oral repurchase agreement upheld and deed rectified; finance‑conditioned right to repurchase found enforceable; appeal dismissed. Property law – sale with pactum de retrovendendo – parol evidence and rectification of written deed – credibility and probabilities – enforceability of finance‑conditioned repurchase right.	5 June 1958
R v Kuhn and Another (196/57) [1958] ZASCA 38 (5 June 1958) Whether intercourse with an intoxicated woman is rape depends on her incapacity and the accused’s knowledge; conviction overturned. Criminal law – Rape – Intoxication – Whether intoxication negates consent depends on degree of impairment and accused’s knowledge – Degree of incapacity a question of fact – Mere drinking or inducement to drink insufficient to constitute rape absent incapacity and accused’s knowledge.	5 June 1958
Mustapha and Another v Receiver of Revenue Lichtenburg (177/57) [1958] ZASCA 36 (3 June 1958) A trading permit terminable on notice is contractual; termination for racial reasons does not automatically invalidate it absent bad faith or statutory prohibition. Native Trust land – Permission to occupy under s.18(4) Act 18 of 1936 – Permit form and regulations – Characterisation as contractual relationship – Termination on notice – Whether statutory consultation under s.4(3) required – Racial discrimination and applicability of R v Abdurahman principle – Bad faith/corrupt motive and implied contractual term.	3 June 1958
R v Mswane (245/57) [1958] ZASCA 35 (3 Junie 1958) Accused who fatally stabbed a constable during arrest convicted of culpable homicide due to doubt on intent to kill. Criminal law – Distinction between murder and culpable homicide – requirement of intent to kill. Criminal law – Resisting arrest – lawfulness of resistance and liability for resultant death. Evidence – credibility and discrepancies in eyewitness accounts; giving benefit of reasonable doubt. Evidence of provocation/assault prior to killing affecting mens rea.	3 June 1958