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
December 1960
Gubudela and Others v R (261/59) [1960] ZASCA 6 (12 December 1960) Accomplice testimony, corroborated by masks and victim's property found in accuseds' dwellings, upheld murder convictions. Criminal law – accomplice evidence – credibility and cautionary approach – corroboration by discovery of masks and victim's property – impeachment of accuseds' denials – appellate review of credibility findings.	12 December 1960
Motaung and Another v R (183/60) [1960] ZASCA 16 (2 December 1960)	2 December 1960
November 1960
Mamogalie and Others v Minister of Naturellesake and Another (112/60) [1960] ZASCA 14 (28 November 1960) Ministerial approval did not amount to the Governor‑General’s statutory appointment of a tribal captain; plea under s.2(7) failed. Native law — Appointment and recognition of chiefs/captains — Section 2(7) Act 38 of 1927 confers exclusive appointment power on Governor‑General — Section 2(8) permits temporary acting appointments by Minister or delegates — Distinction between recognition and appointment — Validity of acting appointments and requirement of determinable period.	28 November 1960
Commissioner for Inland Revenue v Berold (20/62) [1960] ZASCA 1 (18 November 1960) Whether trust dividends are taxable to the donor under sections 9(3) or 9(5) of the Income Tax Act. • Tax law – Income deemed under s.9(3) – requirement of proximate causal connection between donor's disposition and income received by beneficiary. • Tax law – Meaning of "disposition" in s.9(3) – whether it includes a whole scheme or series of transactions; narrow construction preferred. • Tax law – s.9(5) – stipulation preventing beneficiary receiving income until an event; trustee's discretionary withholding is not such a decisive event. • Reliance on precedent – discussion of Barnett (Federal) and Widan; anti-avoidance provisions (s.90) distinguish scheme treatment.	18 November 1960
September 1960
Motsepe v R (126/60) [1960] ZASCA 15 (26 September 1960) Appeal against murder conviction dismissed; trial court's credibility and identification findings upheld. Criminal law – Murder – Identification evidence and credibility of witnesses – Minor inconsistencies do not necessarily establish fabrication or conspiracy – Appellate review of trial court's factual findings limited where credibility accepted.	26 September 1960
Shole v R (11/1960) [1960] ZASCA 10 (26 September 1960)	26 September 1960
June 1960
Spoor and Another v Registrar of Patents (97/60) [1960] ZASCA 11 (8 June 1960) Whether statutory provisions for furnished copies under the Patents Act exclude an implied private right to make copies during inspection. Patents Act — Inspection and copies — Sections 69 and 70 govern inspection and furnished copies; implied private right to copy displaced by express statutory regime — Tariff item phrase "and to make copies of" repugnant and ultra vires — limited de minimis note-taking permissible — administrative control and security considerations relevant.	8 June 1960
Tenzer v Fenwick (237/59) [1960] ZASCA 2 (6 June 1960) Appellate court found trial judge's inference from post-collision movements unreliable and held the respondent negligent. Road traffic — Motor-vehicle collision — Reliance on post-impact positions and inferred wheel angles unsafe without adequate expert evidence — Probabilities and lookout; driver negligent.	6 June 1960
May 1960
Singh v R (397/59) [1960] ZASCA 3 (30 May 1960) Appeal allowed: identification evidence unsafe and co-accused’s admission required fuller weighing; conviction and sentence set aside. Criminal law – murder – identity of stabber – reliability of eyewitness identification in crowded/confined settings – discrepancies in accounts – admissibility and weight of co-accused’s confession – appellate review of safety of conviction.	30 May 1960
Minister Van Justisie v Menyuka and Another (40/60) [1960] ZASCA 12 (20 Mei 1960) Court holds 'theft' in the Third Schedule includes theft of stock; Natal decision excluding it was incorrect. Criminal law — Interpretation of 'theft' in Group III, Part I of the Third Schedule to the Criminal Procedure Act — Whether theft includes theft of stock — Stock Theft Act 26 of 1923 provides special procedure and penalties but does not create a separate statutory 'stock theft' offence — stock theft remains within common-law theft.	20 May 1960
April 1960
Scheepers v Handley (147/1959) [1960] ZASCA 8 (1 April 1960) Seller knowingly misrepresented land extent; buyer awarded damages for missing unimproved land at £10 per morgen. Sale of land – fraudulent misrepresentation as to extent – voetstoots clause no defence to fraud – measure of damages: value of missing unimproved land, not average price including improvements – appellate deference to trial credibility findings.	1 April 1960
March 1960
Du Plessis v Van Deventer (123/59) [1960] ZASCA 4 (10 Maart 1960) Whether an acknowledged receipt in a written sale is a mere receipt or a contractual estoppel, and if unpaid when payment is due. Evidence — Parol evidence rule — Receipt/acknowledgement in written sale — whether mere prima facie receipt or contractual undertaking/estoppel — admissibility of oral evidence; Sale of land — terms as to payment — due date and effect on claim for unpaid portion.	10 March 1960
Kakamas-Bestuursraad v Louw (224/1958) [1960] ZASCA 9 (7 March 1960) Servitude-holder must exercise rights civiliter modo; negligent construction (insufficient sluices, delayed completion) caused short-term silt damage, reduced damages awarded. Servitudes – exercise of servitude rights civiliter modo – servitude-holder’s duty to avoid unnecessary damage to servient land – negligence standard applied; Contract – alleged express and implied terms (sluices, simultaneous construction) not established; Causation – non-simultaneous construction and inadequate sluices materially contributed to siltation; Damages – short-term losses proved, long-term losses not proved with sufficient certainty.	7 March 1960
South African Railways and Harbours v Transvaal Consolidated Land and Exploration Co, Ltd (147/60) [1960] ZASCA 13 (6 March 1960) Whether the statutory "betterment" deduction applies to contractual compensation for coal left unmined under an expropriation notice. Expropriation – reservation of mineral rights – contractual compensation for loss of profit on coal left unmined – construction of notice and annexure – scope of s.9 Ordinance 20 of 1903 – application of betterment proviso to voluntary agreements vs. court/arbitrator determinations – limits of importing statutory betterment into negotiated settlements.	6 March 1960