|
Citation
|
Judgment date
|
| December 1959 |
|
|
Whether a physically disabled taxpayer may deduct his spouse’s travel costs as expenses incurred in producing his income.
Income tax – deductibility of expenses – whether travel and attendant expenses of taxpayer’s spouse incurred so respondent could perform duties abroad are ‘‘in the production of income’’ and ‘‘wholly and exclusively for purposes of trade’’ – relation to ss.11(2)(a), 11(2)(q) and 12(a),(b),(g) – necessity and closeness of connection test.
|
17 December 1959 |
|
Evidence of a gang’s other violent acts was admissible to prove motive and concerted action; convictions partly upheld.
Criminal law — Similar‑fact evidence — Admissibility of other violent acts by gang members to prove motive, organisation and concerted action; prejudicial effect not disproportionate; appellate review of identification and accomplice testimony; convictions partly upheld, partly set aside.
|
17 December 1959 |
|
Court convicted most gang members for kidnapping and murder; two principal offenders sentenced to death, two accused acquitted on slender doubt.
Criminal law – murder and joint enterprise; identification evidence; reliability and corroboration of intimidated witnesses and accomplice evidence; gang violence and collective responsibility; sentencing – absence of extenuating circumstances and death penalty for principal offenders.
|
17 December 1959 |
|
Pointing-out evidence under s.245(2) and cumulative identification (keys fitting locks) upheld to sustain conviction.
Criminal law – housebreaking and theft – identification of stolen property – cumulative identification by markings and keys fitting locks. Criminal procedure – s.245(2) – admissibility and effect of an accused’s pointing-out after warning – permits inference of knowledge of location or facts. Evidence – weight of failure to testify where Crown’s circumstantial and pointing-out evidence is strong.
|
14 December 1959 |
|
When non‑consent is based on the complainant being under twelve, the Crown must prove the accused knew or was reckless about her age.
Criminal law – Rape – Legal incapacity of child under twelve to consent – Mens rea is element of rape – Crown must prove accused knew or was reckless as to complainant’s age where non‑consent rests on age.
|
14 December 1959 |
|
Whether the applicant established a South African domicile of choice in 1913–1914, affecting marital property regime.
Private international law – domicile of choice – requirement of residence plus propositum manendi; standard of proof on balance of probabilities; weight of witness testimony and of nominee property in proving intention to change domicile.
|
14 December 1959 |
|
Agent’s commission accrues on completion of a binding sale unless the mandate clearly provides otherwise.
Agency – commission – instruction to "find a purchaser" – commission generally payable on completion of a binding sale unless clear contrary intention. Evidence – credibility and admissibility – reliance on agent's testimony and misattributed statements to principal. Acceptance by principal – later conduct insufficient to bind principal absent executed contract. Doctrine of fictitious fulfilment inapplicable where mandate required completion of a written sale.
|
11 December 1959 |
|
Retrospective statutory amendment validated provincial power to create water corporations and levy rates; ultra vires challenge dismissed.
Administrative law; provincial legislative competence – interpretation of proclamation and Second Schedule to Act 38 of 1945 – retrospective validation by Act 22 of 1946; municipal/water law – power to establish regional water corporations and levy rates; ultra vires challenge; remedial scope where isolated illegal supplies alleged.
|
11 December 1959 |
|
Conviction set aside where unreliable complainant evidence and acts proved were preparatory, not an attempt.
Criminal law – indecent/immoral acts – credibility of complainants – distinguishing preparation from attempt – appellate interference with factual findings.
|
11 December 1959 |
|
Whether the appellant proved killing an escaping prisoner was the only reasonable means and thus justifiable under section 37(1).
Criminal law – Justifiable killing in arrest – Section 37(1) of Act 56 of 1955 – Onus on accused to prove killing was only reasonable means to prevent escape – Alternatives: overtaking, non‑lethal wounding, summoning public assistance/whistle – relevance of distance and presence of bystanders.
|
10 December 1959 |
|
Accused must prove permission to remain under s10(1)(d); certificate, advisory-board membership and pass exemption insufficient.
Natives (Urban Areas) Act s10(1)(d) — permission to remain — onus on accused as exception/proviso; indictment wording; advisory-board and pass exemptions removed by amendment; managerial certificate not proof of permission; broker licence not a municipal permit.
|
10 December 1959 |
|
Appellate court upheld trial findings, drew adverse inference for uncalled witness, and dismissed appeal; respondent liable for return or £750.
Contract formation – oral agreement on sale/agency to find buyer; credibility and evaluation of probabilities on appeal; adverse inference from failure to call available witness; alternative relief (specific restitution or payment) and proof of value.
|
10 December 1959 |
|
Conviction for indecent assault set aside where corroborative evidence was insufficient and reasonable doubt remained.
Criminal law – Sexual offences – Indecent assault – Caution in assessing complainant’s evidence; corroboration not indispensable but prosecution must exclude reasonable doubt. Evidentiary issues – Forensic/medical evidence: alleged seminal stains must be supported by clear, consistent testimony and, where possible, scientific evidence. Credibility – Accused’s untruths relevant but cannot supply missing essential proof. Appellate review – Conviction unsafe where cumulative improbabilities and evidential gaps exist.
|
7 December 1959 |
|
Whether bronze-type ingots with ≥3.25% silicon could be exported to the UK without a permit under overlapping export-control schedules.
Export control – Government Notice No.1515 (Schedules A & B) – construction of overlapping restrictive and permissive schedule entries – whether schedules mutually exclusive – "silicon and alloys containing 3.25% or more of silicon" covers alloys named in Schedule A – export to United Kingdom without permit.
|
3 December 1959 |
|
On death class-C shares that automatically convert into ordinary shares must be valued as estate property after conversion, not by a notional pre-death sale.
Death duties — company shares — clause effecting ipso facto conversion of class C shares on shareholder’s death — whether C shares pass as C shares or as converted A/B shares — valuation of unquoted shares for estate duty (fair and reasonable value by sworn appraisement v. notional pre-death sale) — deemed passage of company assets (s3(3)(a)) — succession duty: s10(a) v s10(b).
|
3 December 1959 |
|
Guardianship under the Natal Native Code ceases when the marriage/residence in Natal ends, so s.140 did not apply.
Native law — status and guardianship — applicability of Natal Native Code to persons who cease residence in Natal — s.140 (abduction/inducement) — requirement of existing guardianship; Natal marriages under Law 46 of 1887; territorial/residence nexus.
|
3 December 1959 |
|
A depositary proves defence by showing loss occurred despite due diligence; no obligation to explain causes unknown to the driver.
Depositum/Depositary liability – onus on depositary to prove loss occurred notwithstanding due diligence – no absolute duty to explain precise cause where outside driver’s knowledge; evidential inferences – skid mechanics and expert disagreement; appellate review of credibility findings.
|
3 December 1959 |
| November 1959 |
|
|
On appeal, contemporaneous documents and probabilities defeated the respondent’s claim that £375 was held in trust.
Civil procedure — onus of proof — plaintiff must prove payment into trust; contemporaneous documents and overall probabilities may justify disturbing trial credibility findings; amendment to plea to clarify receipts should have been allowed.
|
27 November 1959 |
|
Alleged misdirections in the judge’s summing up did not amount to an irregularity; applicant’s conviction upheld.
Criminal law – Rape – Summing up to jury – Special entry (s.364) – Alleged misdirections: youthful complainant, corroboration by complaint and bystander, medical evidence consistency, identification – Whether misdirections amounted to irregularity – Appeal dismissed.
|
27 November 1959 |
|
Failure to file a power of attorney before issuing summons is not automatically fatal; court may condone under Order XI Rule 54.
Civil procedure – irregular proceedings – failure to file power of attorney before suing out summons (Order VI r.1) – discretion to set aside or condone under Order XI r.54 – imperativeness v. directory rules – effect on prescription (s.11(2) Act 29 of 1942).
|
27 November 1959 |
|
Appeal against rape conviction dismissed; conviction upheld but compulsory whipping set aside as unlawful.
Criminal law – Rape – Consent – Credibility of complainant versus accused’s account – Medical corroboration (injury consistent with violence) – Acquittal of co-accused where only oath against oath – Habitual criminal declaration – Illegality of imposing compulsory whipping on habitual criminal. |
27 November 1959 |
|
Appellant failed to rebut reasonable possibility of native, burden shifted to him, appeal dismissed.
Immigration/native-status offence – definition of "native" – statutory provision shifting evidential burden where reasonable doubt exists. Weight of registry entries and identity documents when contents are contested – prima facie but rebuttable. Importance of documentary and eyewitness evidence (foreign driver's licence, employment certificates) in establishing probable foreign/native origin.
|
26 November 1959 |
|
Cumulative circumstantial and forensic evidence upheld convictions for attempted robbery; attempted murder not established.
Criminal law – Attempted robbery – direct and circumstantial evidence – palm-print and ballistic identification; accomplice liability – inference from cumulative circumstantial facts; attempted murder not proved.
|
26 November 1959 |
|
Whether theft of a pistol and subsequent unlicensed possession constituted one offence in substance or two separate offences.
Criminal law – Splitting of charges – whether acts constitute "one offence in substance" – tests (single intent; evidentiary overlap) are practical aids not rigid rules. Theft – taking a loaded pistol from a vehicle constitutes theft at time of removal. Firearms offences – unlawful possession without a licence after theft constitutes a distinct continuing offence. Sentencing – cumulative sentences permissible where separate offences committed and circumstances justify custody.
|
19 November 1959 |
|
A proclamation applying the squatting Act from its promulgation was valid; appeal dismissed and conviction confirmed.
Criminal law – Prevention of Illegal Squatting Act – validity of proclamation under s.11(1) – commencement from date of promulgation – retrospectivity – ultra vires challenge – reasonableness and protection against sudden criminalisation; Magistrate’s Court bound to assume validity of provincial proclamations (s.110).
|
19 November 1959 |
|
An annuity imposed on a donee by transfer condition was a personal obligation, not a deductible usufructuary interest in rem.
Death Duties Act — deduction for "usufructuary or other like interest" — whether an annuity imposed by transfer condition is a real right over land or merely a personal obligation — interpretation of transfer condition — requirement of notarial deed does not necessarily create a registrable burden in rem.
|
18 November 1959 |
|
Whether circumstantial evidence and alleged extra‑judicial admissions proved the appellant guilty beyond reasonable doubt.
Criminal law – murder – circumstantial evidence and credibility – whether cumulative circumstantial facts and extra‑judicial admissions proved guilt beyond reasonable doubt. Evidence – extra‑judicial admissions to third parties – assessment of credibility and weight. Appeal – review of trial court’s factual findings and credibility assessments.
|
18 November 1959 |
|
Conviction for murder set aside due to unreliable identification, timeline inconsistencies, and unresolved reasonable doubt.
Criminal law – murder conviction – reliability of identification evidence; provenance and significance of physical exhibits (cap); evidential value of bloodstains and minor injuries; inconsistencies in timeline and witness credibility; reasonable doubt. |
18 November 1959 |
|
The appellant's stabbing while resisting an assault amounted to culpable homicide, not murder, and her sentence was reduced.
Criminal law – self-defence – unlawful entry and assault – whether killing was justified or excessive force constituted murder. Distinction between murder and culpable homicide where defensive action is disproportionate. Evaluation of conflicting witness evidence and acceptance of accused’s version despite reservations. Sentence reduction where conviction altered and prior custody taken into account.
|
17 November 1959 |
|
Assets of a one‑man foreign company and an unpaid foreign debt were not estate property recoverable under the Death Duties Act.
Death duties – definition of "property" – s.3(3)(a) does not include assets of one‑man company held for itself; Debt recoverable in Union courts – meaning excludes contingent attachment ad fundandam jurisdiction; Validity of contractual submission to foreign exclusive jurisdiction – surrender of right to sue in Union courts effective; s.3(2)(l) "withdrawable" amounts limited to bank/building society credit balances, not ordinary debts.
|
16 November 1959 |
|
A special verdict under the Mental Disorders Act is not a conviction; section 366 reservations require a prior conviction.
Mental Disorders Act s.29(1) — special verdict ("guilty of the act but mentally disordered") is not a conviction; Code s.366 — reservation of questions of law at accused’s instance requires prior conviction; statutory construction — "did the act or omission" refers to the physical act distinct from the mens rea element; s.29(2) — detention pending Governor‑General's decision. |
16 November 1959 |
|
Section 366 cannot be invoked absent a conviction; section 29 special verdict is not a conviction and appellate jurisdiction is therefore lacking.
Criminal procedure – reservation of questions of law under section 366 of Act 56 of 1955 – conviction as prerequisite; Mental Disorders Act s29 – special verdict is not a conviction but places accused under mental-disorders law; jurisdiction of appellate court to entertain reserved questions; interplay between Criminal Procedure Code and Mental Disorders Act.
|
16 November 1959 |
|
Circumstantial evidence and absence of defence testimony established common‑purpose murder; appeals dismissed.
Criminal law – Circumstantial evidence – drawing inferences – must be consistent with all proved facts and exclude other reasonable inferences. Criminal procedure – Failure of accused to testify – where Crown case strong and accused could have answered it, silence may be given weight. Criminal law – Common purpose – where group armed and acting in concert, foresight/recklessness as to use of firearms imputes intent to kill to all participants.
|
16 November 1959 |
|
A party may not rely on a self‑induced liquidation to trigger a contractual resolutive condition and evade payment.
Contract – dissolution of partnership – resolutive condition – liquidation – intentional causation of the triggering event – sham asset transfer – party cannot rely on self‑induced event to evade contractual debt.
|
12 November 1959 |
|
Appeal allowed: convictions unsafe where identification was weak and accomplice evidence unreliable.
Criminal law – Identification evidence – Night offences with balaclavas – Risk of mistaken identity; Accomplice evidence – recantation and unreliability – cautionary approach required; Procedure – trial without assessors and absence of defence counsel in serious (potentially capital) cases – undesirable though not per se unlawful; Assault with intent to rape – identification must exclude reasonable possibility of error.
|
11 November 1959 |
|
Charge wording alleging conversion and using "valsllik" sufficiently alleged theft and dishonest intent; convictions reinstated.
Criminal law – Sufficiency of charge – Construction of Afrikaans phrase "vir hulle eie doel en voordeel aangewend het" as "converted to their own use" – Effect of word "valsllik" on alleging dishonest intent – Interpretation of ambiguous charges – Section 315, Act 56 of 1955. |
9 November 1959 |
|
Circumstantial proof (vehicle at scene) can corroborate an uncertain identification to sustain robbery and housebreaking convictions.
Identification evidence – identification parade – fairness and conduct; corroboration by circumstantial evidence (vehicle at scene) supporting tenuous eyewitness identification; alibi rejected for lack of corroboration; alleged witness intimidation noted but not determinative; robbery and attempted housebreaking established.
|
4 November 1959 |
|
Identification at a properly conducted parade, plus circumstantial links, established appellant's participation in the nighttime offences.
Criminal law – identification evidence – validity and constitution of identification parade – no prejudice where parade properly conducted and no collusion established; Criminal law – circumstantial evidence – association with co-accused, flight and use of vehicles can corroborate identification; Criminal procedure – lost shorthand notes – appeal may proceed where available record suffices and fairness is preserved.
|
4 November 1959 |
| October 1959 |
|
|
Regulation 2 (G.N. 1664/1929) is valid under s.23(10)(a); limited ministerial discretion does not amount to unlawful delegation.
• Native Administration Act – s.23(10)(a) – power to make regulations for administration and distribution – validity of regulations prescribing substantive rules of devolution.
• Statutory interpretation – effect of 1929 amendment (repeal of second sentence of s.23(3)) on scope of regulation‑making power.
• Delegation – permissible limited discretion to Minister in specified circumstances; not an unlawful general delegation.
|
20 October 1959 |
|
Parties agreed to be bound by a related appeal’s outcome; appeal dismissed and estate ordered to pay costs.
Civil procedure – appeal determined by agreement that outcome of related appeal will govern present appeal; appeal dismissed and estate ordered to pay costs.
|
2 October 1959 |
|
Whether the applicant’s contractual right to a lifelong usufruct vested at death and was enforceable against the estate without prior registration.
• Property law – usufruct – contractual exchange conferring right to usufruct on death – vesting and enforceability against estate and executors without prior registration.• Succession/estates – effect of liquidation-and-distribution delay – executors not permitted to deny contractual rights or to frustrate usufructuary use pending distribution.• Interdict/declaratory relief – appropriateness where estate’s conduct interferes with usufructuary rights.• Validity issues – pactum successorium, revocable interspousal gift and requirement of delivery/registration considered.
|
2 October 1959 |
|
Trustee may set aside pre‑sequestration disposition as undue preference when debtor contemplated imminent sequestration.
Insolvency — s.30(1) Insolvency Act 1936 — undue preference — trustee of deceased sequestrated estate entitled to sue — "debtor" includes deceased in relation to dispositions made in life — intention to prefer may be inferred where debtor contemplated sequestration and no other satisfactory explanation exists.
|
2 October 1959 |
|
Appeal dismissed: confession and translation upheld; cross‑examination on co‑accused’s statement not a material irregularity.
Criminal law – admissibility of co-accused’s statement in cross‑examination; confession — whether a recorded statement is a confession under the Code; translation and interpreter evidence — proving correctness of translation; assessment of witness reliability and effect on confession evidence.
|
2 October 1959 |
|
A letter accusing a magistrate of deliberately delaying to prevent an appeal constituted contempt of court when read as imputing judicial misconduct.
Criminal law – Contempt of court – Insulting a judicial officer – Distinction between administrative and judicial capacity – Inference of intent from conduct – Suspended sentence brought into operation by separate proceeding.
|
2 October 1959 |
|
Common‑cause circumstantial facts (night pick‑up, isolated parked car) did not prove soliciting beyond reasonable doubt; conviction set aside.
Criminal law – Immorality Act – soliciting (s.16) – whether circumstantial/common‑cause facts suffice to prove solicitation beyond reasonable doubt. Criminal proof – reliance on suspicious circumstances and intention to commit future immoral acts insufficient to establish present solicitation. Appeal – where parties rely only on common‑cause facts, prosecution must still meet criminal standard of proof.
|
2 October 1959 |
| September 1959 |
|
|
Appeal dismissed: arrest and detention lawful; onus on arresting officer, non‑production of proprietor not decisive, s.26 requirement met.
Criminal procedure and civil liability – Arrest without warrant under s.22(1)(a) of Act 56 of 1955 – onus on arresting officer to prove offence committed in his presence; Evidence – failure to call available witness equally available to both parties; Statutory requirement to inform arrested person of cause (s.26) satisfied by substance, not technical words; Appeal – appellate restraint where trial court accepted probabilities and demeanour.
|
30 September 1959 |
|
Appellate court held bus driver not negligent; motorcyclist’s hazardous overtaking caused the collision, appeal allowed.
Road traffic negligence – turning across line of traffic – duty to signal and look‑out – driver entitled to assume following vehicles have observed signal; Emergency doctrine – driver creating his own danger by hazardous overtaking; Statutory contravention (s.30(3) Ordinance) not determinative of civil negligence.
|
28 September 1959 |
|
Appeal dismissed: accomplice evidence corroborated by independent witness and appellant's false denials destroyed his alibi.
Criminal law – housebreaking with intent to steal and theft – accomplice evidence requiring corroboration – sufficiency of corroboration by independent witness and extrinsic facts (vehicle registration). Evidence – credibility assessments – effect of demonstrably false statements to police on an accused's alibi and credibility. Criminal procedure – non-production of potentially favorable witnesses – adverse comment but not fatal absent proof of availability. Identification – recognition despite partial disguise corroborated by other evidence.
|
28 September 1959 |
|
Prosecutor must not withhold witnesses whose preliminary-investigation evidence may favour the accused; must call or make them available.
Military law – Rules 64(6) and 95(2) – Duty of prosecutor not to withhold evidence favourable to accused – Meaning of "withhold" – Prosecutor’s discretion limited by obligation to call or make available preliminary-investigation witnesses who can assist accused – Ambiguity construed in favour of accused.
|
25 September 1959 |
|
Section 8(1)(a) protects only original lessees at commencement; the applicants’ renewals by new parties are not exempt.
Native areas legislation – Act No.27 of 1913 s.1(2) prohibition on hiring by non‑natives – s.8(1)(a) and (c) exemptions – interpretation of “renewal” limited to parties to lease at commencement – onus on person claiming exemption – preventing substitution of lessees to evade statutory prohibition.
|
25 September 1959 |
