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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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Cnr Mirriam Makeba & President Brand Streets, Bloemfontein, Free State, 9301
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https://www.supremecourtofappeal.org.za/
6 judgments
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6 judgments
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Judgment date
September 1961
French v Sterling Finance Corporation (Pty) Ltd (295/60) [1961] ZASCA 6 (18 September 1961)
Whether novation by new hire‑purchase contracts discharged the guarantor despite a clause addressing contract termination.
Contract law — Novation: question of intention; inference from circumstances and parties' conduct. Hire‑purchase/security substitution v. novation. Construction of continuing guarantee clause: termination without discharge distinguished from complete discharge by novation. Effect of novation on guarantor's liability.
 18 September 1961
June 1961
Van Der Mescht v S (113/60) [1961] ZASCA 3 (28 Junie 1961)
Conviction for culpable homicide overturned: negligence not proved and unlawful act alone insufficient for liability.
Criminal law – Culpable homicide – Requirement of negligence/foreseeability – Whether unlawful act alone suffices for culpable homicide (versari in re illicita) – Historical authorities considered and doctrine rejected as general basis for liability.
 28 June 1961
May 1961
Bird v Perkin and Another (211/1960) [1961] ZASCA 5 (22 May 1961)
Whether a seller’s offer to a named buyer binds him when agents substitute a joint buyer and accept a deposit.
Contract formation – offer addressed to a named offeree – acceptance and intention of offeror; Agency – estate agent as conduit, no authority to substitute buyer or accept deposit; Imputability – agent knowledge not imputable to principal; Estoppel/ostensible authority – not available where agent lacked authority and principal gave no holding out.
 22 May 1961
March 1961
Madine v R (174/60) [1961] ZASCA 2 (30 March 1961)
A pre-existing pass-exemption certificate does not exempt a native from Act 67/1952; non-possession of a reference book is punishable.

Administrative law/Statutory interpretation – repeal of enabling provision nullifies subordinate proclamation and related exemption certificates; Pass/reference book legislation – Act 67 of 1952 does not preserve prior pass exemptions; Criminal law – interpretation of section 15(1)(a)(i) (possession of reference book) - "issued to him" descriptive, prior issuance not constituent element of offence.

 30 March 1961
Minister of Interior v Lockhat and Others (184/60) [1961] ZASCA 4 (16 March 1961)
Whether the Group Areas Act imposed an imperative duty on the Executive to consider alternative accommodation and whether pleadings were sufficiently particular.
Administrative law; Group Areas Act – statutory duties of Group Areas Board (s5) and Minister (s28) – meaning of directory versus imperative obligations; judicial review of proclamations – necessity and sufficiency of pleadings and particulars; implied statutory power to effect population shifts causing differential treatment between groups.
 16 March 1961
Venter v R (159/60) [1961] ZASCA 1 (16 Maart 1961)
Appeal dismissed: trial judge’s credibility findings and corroboration supported a moral‑certainty conviction.

Criminal law – sexual offence – assessment of complainant’s credibility – corroboration – effect of accused’s changing defence – appellate review of credibility findings.

 16 March 1961