|
Citation
|
Judgment date
|
| December 1969 |
|
|
Appellate court found trial misdirected by excluding psychiatric and social-welfare evidence and substituted imprisonment for death.
Criminal law — Murder — Premeditation — Inferences and standard of proof when ascribing premeditated intent; Psychiatric and social welfare evidence — relevance to extenuating (mitigating) circumstances and moral blameworthiness; Appellate intervention — review where trial court misdirects and disregards uncontradicted mitigation evidence.
|
8 December 1969 |
|
Conviction set aside where inconsistencies, possible planted evidence and doubtful alibi rendered the verdict unsafe.
Criminal law — assault with intent to murder — sexual-assault cautionary rule — corroboration not conclusive — alibi and pocket-book entries — misdirection on material evidence — delayed discovery of blood and hair — unsafe conviction.
|
1 December 1969 |
| November 1969 |
|
|
Provincial ordinance compelling landowners to join and fund a vermin‑control association is not ultra vires; subscriptions are not provincial taxes.
Administrative law/Provincial legislation – Ordinance authorising compulsory membership of a provincially‑registered vermin‑control association – validity of power to require landowners to join and pay subscriptions – whether levy is a provincial tax – extent of implied ancillary powers; freedom of association challenge.
|
28 November 1969 |
|
Appeal dismissed: evidence and corroborated testimony established appellant’s participation in a fatal assault; no mitigating circumstances found.
Criminal law — murder — evidence of participation in violent assault and robbery — acceptance of corroborated testimony of co-accused — appellant’s credibility and inferences from blood on clothing — youth and mitigation considered but held not established.
|
28 November 1969 |
|
Appeal dismissed: trial court credibility findings and absence of mitigating circumstances upheld for murder and aggravated robbery.
Criminal law – appeal against convictions – assessment of witness credibility – accomplice/non‑complicit witness credibility; intention in murder – dolus eventualis; mitigating circumstances – intoxication, lesser participation, domination by another; scope of appellate review of trial court factual findings.
|
28 November 1969 |
|
Conviction for theft set aside where reasonable doubt exists about applicant's intention to permanently deprive owner.
Criminal law — Theft — Mental element (dolus) — Whether intent to permanently deprive required — Taking as security/holding to ransom may not constitute appropriation; reasonable doubt on intent precludes conviction.
|
28 November 1969 |
|
Whether the appellant purchased in his personal capacity or as agent for his company, and whether trial‑judge remarks vitiated credibility findings.
Sale of goods – purchaser’s identity – invoices and conduct as evidence of purchaser; agency defence – onus and credibility; trial judge’s remarks – not vitiating factual findings unless they disable impartial assessment; amendment of particulars to include purchases through associate.
|
28 November 1969 |
|
Appellate court remitted case after magistrate misapplied discretion to refuse leave to adduce further evidence.
Civil procedure — Magistrates’ Court Rule 28(11): leave to adduce further evidence before judgment — discretion must be exercised judicially — guiding factors include reason evidence not led earlier, materiality, possibility of shaping, balance of prejudice, stage of proceedings, costs, finality and remissness of attorney — appellate interference where discretion misdirected.
|
27 November 1969 |
|
Whether respondent's ex gratia discharge payment was 'compensation' for recourse and whether applicant failed to report.
Motor Vehicle Insurance Act s14 — insurer's right of recourse — meaning of "paid compensation under section 11 or 12"; section 12 protection of medical suppliers; section 22(1) reporting duty — onus of proof and admissibility of ex gratia discharge; adverse inference for failure to call agent.
|
27 November 1969 |
|
Where material uncertainties remain, a defendant must prove contributory negligence; appeal allowed and full damages awarded.
Road accident — Pedestrian crossing after alighting from bus — Credibility assessment of passenger v. driver — Burden on defendant to prove plaintiff’s contributory negligence and causation — Where material uncertainties exist, defendant fails to prove contribution — Full damages awarded.
|
27 November 1969 |
|
Whether extenuating circumstances warranted sparing the death sentence where the accused killed in revenge but had time to reflect.
Criminal law – murder – extenuating circumstances – onus on accused to prove on balance of probabilities – factual foundation required – appellate review limited to misdirection, irregularity or findings no reasonable court could make – weight of unsworn statements and credibility findings.
|
25 November 1969 |
|
Whether a fiduciary-lessor’s accrued claim for repair damages survives the fiduciary’s death and how such damages must be proved.
Fideicommissum and lease — effect of fiduciary's death on accrued contractual claims; measure of damages for breach of repair covenants — reinstatement cost vs. diminution in value; proof of patrimonial loss required to resist absolution from the instance; cession of fiduciary actions to fideicommissary.
|
25 November 1969 |
|
Whether the trial court erred in refusing to suspend the applicant's sentence despite mitigating circumstances.
Criminal law – Fraud – Sentencing – Mitigation – Role as limited participant and withdrawal – First offender and youth – Discretion to impose suspended sentence – Prosecutor's recommendation not binding on court.
|
25 November 1969 |
|
Conviction for theft by false pretences upheld; Stock Theft Act's "theft" includes theft by false pretences; sentence sustained.
Criminal law — Theft by false pretences — Stock Theft Act 57 of 1959 s.11 — "theft" includes forms of theft by false pretences; evidentiary burden on authority to act for third party; sentence review.
|
21 November 1969 |
|
Applicant's English call did not establish a qualifying "degree" or entitlement to two‑year articles under the 1964 Act.
Admissions and qualification for admission to the bar – Construction of section 3(2)(b) of the Admission of Advocates Act 1964 – Meaning of "degree" and "examination" – Scope of Rule 36(d) (Natal Rules): proof of admission and enrolment versus proof of passing English Bar examinations – Repeal implications for former rules governing admission.
|
20 November 1969 |
|
Intoxication and alleged provocation did not negate dolus eventualis; murder conviction and sentence upheld.
Criminal law – murder – dolus eventualis – whether intoxication and alleged provocation negated intent – where severe assault and medical evidence support intent, culpable homicide not substituted.
|
20 November 1969 |
|
Conviction for culpable manslaughter upheld for negligent driving near schoolchildren; custodial sentence reduced on appeal due to sentencing misapprehension.
Criminal law – culpable (negligent) manslaughter – driver’s duty of care encountering children playing near roadway – failure to warn, keep proper lookout, stop and ascertain injuries – admissibility of conduct after accident – sentencing where trial court inconsistently treats intoxication as factor.
|
20 November 1969 |
|
Appeal allowed in part: future income-loss award reduced for evidentiary uncertainty and mis-capitalisation; loss of amenities award upheld.
Delict — Motor collision injuries — Assessment of future loss of earning capacity where vocation changed after injury — Use of informed estimate and correct capitalisation; Distinction between damages for loss of amenities and for loss of income; Appellate reduction of excessive quantum.
|
18 November 1969 |
|
Descent prevails: origin determines racial classification; ‘passing for’ another group cannot override Indian origin.
Racial classification — statutory and Proclamation interpretation — primacy of descent/origin over ‘passing for’ or cultural assimilation — no dual classification contemplated — applicable date of decision.
|
17 November 1969 |
|
A defendant cannot withhold contract balance by alleging an unquantified contingent damages claim without pleading a counterclaim.
Contract law — late performance — distinction from defective performance (Hauman v Nortje) — unliquidated contingent claim cannot be used as a defence to withhold contract balance — necessity to plead and prove damages or counterclaim — burden of proof: plaintiff to prove timeous performance; defendant to plead/ prove claimed loss.
|
13 November 1969 |
|
Section 2 requires registration of long leases for validity against purchasers as "third parties", so unregistered long leases do not bind such purchasers.
Property law – Leases – Long leases defined in s.2 General Law Amendment Act 50 of 1956 – Effect of non‑registration – Meaning of "third parties" – Purchaser of immovable property as "third party" – Registration prerequisite for validity against third parties.
|
11 November 1969 |
|
Whether the 60‑day suspension under the Motor Vehicles Insurance Act is computed by civil or Interpretation Act method.
Statute of limitations — Prescription and suspension — Motor Vehicles Insurance Act ss.11(2)(a), 11bis(1),(2) — Calculation of sixty-day suspension — Ordinary civil method (include first day, exclude last) applied rather than Interpretation Act s.4 method — Interpretation Act applicable prima facie but yields to language, context and purpose.
|
11 November 1969 |
| September 1969 |
|
|
Appeal dismissed: court finds accused's account unreliable and her use of lethal force exceeded reasonable self‑defence.
Criminal law — Self‑defence — Credibility of accused — Ballistic and medical evidence inconsistent with claimed assault — Excessive use of lethal force — Failure to call available witnesses not fatal where no adverse inference warranted.
|
23 September 1969 |
|
Whether the plaintiff proved an oral partnership; appellate court held evidence insufficient and granted absolution from the instance.
Partnership/oral agreement — proof of existence and terms — assessment of witness credibility — appellate interference where trial judge overvalues confused evidence — absoluteon from instance; Procedure — sufficiency of notice of appeal specifying whole judgment.
|
23 September 1969 |
|
Appeal allowed; murder convictions set aside because facts left reasonable doubt on self‑defence and weapon possession.
Criminal law — murder v. self‑defence — evidentiary conflicts as to presence and transfer of weapon; eyewitness credibility; medical evidence inconsistent with State's version; appellate intervention where reasonable doubt remains.
|
23 September 1969 |
|
Applicant's challenge to robbery conviction and death sentence dismissed; trial court correctly found leading role and credible confessions.
Criminal law – robbery resulting in death – evaluation and admissibility of confessions and repudiation – corroboration by witnesses and physical evidence – aggravating circumstances omitted from indictment but no prejudice – sentencing discretion and disparity of sentences where accused played different roles.
|
23 September 1969 |
|
Appeal on complex banking 'kiting' fraud and prospectus misrepresentations partly upheld; key fraud convictions and sentence reduced.
Criminal law — Fraud — Bank 'merry‑go‑round' (kiting) operations — False pretences and continuous misrepresentations to obtain credit — No tacit bank consent; manager's failure to act mitigates sentence but does not extinguish fraud; Companies Act — prospectus misstatements and concealment actionable; sentencing — appellate reduction for mitigating institutional failures.
|
20 September 1969 |
|
Appeal dismissed: evidence supported co-perpetrator murder conviction based on dolus eventualis and no proven diminished capacity.
Criminal law — Murder — Joint enterprise and dolus eventualis — Circumstantial evidence and extra-judicial admissions — Diminished capacity and remorse as mitigation — Appeal against conviction. |
18 September 1969 |
|
Dolus eventualis found where appellant knowingly fired a revolver at the complainant from very close range; conviction upheld.
Criminal law – Assault with intent to murder – Dolus eventualis established where accused knowingly cocks and fires a loaded revolver at very short range towards a person – accidental-discharge defence rejected – credibility and inferences from proved facts.
|
11 September 1969 |
|
A statutory prohibition (s.21A(3)) bars courts from considering third‑party objections to another person's racial classification, so appeal struck off roll.
Population Registration Act — insertion of section 21A(3) by 1969 amendment — statutory prohibition on courts considering third‑party objections to another's racial classification — retrospective operation — appellate jurisdiction barred; limited costs-only consideration rejected. |
9 September 1969 |
|
Conviction for murder upheld; sentence reduced after court failed to consider subsequent provocation.
Criminal law — murder versus culpable homicide — provocation/heat of passion; assessment of mitigating circumstances at sentence; multiple blunt-force head injuries; appellate substitution of sentence.
|
3 September 1969 |
| August 1969 |
|
|
Whether profits from regular share disposals by the appellant constituted taxable income.
Tax law – investment-holding company v investment-dealing company – active investment policy – intention in acquisition and disposal of shares – whether gains on realisation constitute taxable income.
|
25 August 1969 |
| July 1969 |
|
|
Court affirms that brutality and proven facts may negate mitigation from youth or intoxication; appeal dismissed.
Criminal law – Murder – Extenuating (mitigating) circumstances – Role of brutality and manner of the crime in assessing accused’s moral blameworthiness – Youth and intoxication considered but insufficient to mitigate – Interpretation of S v Van der Berg.
|
11 July 1969 |
| June 1969 |
|
|
Driving away and abandoning a vehicle after assault can establish dolus eventualis and support a theft conviction.
Criminal law – Theft – animus furandi – whether driving away and abandoning a vehicle establishes intent to permanently deprive – dolus eventualis – motive of flight does not preclude theft; reliance on R v Sibiya (1955).
|
26 June 1969 |
| May 1969 |
|
|
Condonation refused; appeal against damages dismissed — trial findings, expert preference and quantum upheld.
Civil appeal — condonation for late lodging of record — Rule non-compliance and factors for condonation — hearing merits when prospects central to condonation decision; Evidence — conflict between treating specialist and single‑examination expert — weight of long association and opportunity to assess patient; Quantum — appellate deference to trial court on general damages and future contingencies, including acceleration of need for spinal fusion and operational risks.
|
29 May 1969 |
|
Whether annuity payments to a deceased director's widow are deductible under s11(a) or limited by s11(m).
Income tax — Deductibility of employer payments to dependants — s11(a) (general deduction) and s11(m) (annuity to former employees/dependants) — s11(m) supplements, does not exclude s11(a) — R600 proviso not automatically applicable where s11(a) satisfied — s23(g) not applicable to s11(m) — remittal for factual finding on intention/production of income.
|
29 May 1969 |
|
Whether notice of set-down closes pleadings so a deceased plaintiff's loss-of-amenities claim passes to the estate.
Civil procedure — close of pleadings — litis contestatio — delivery of notice of set-down under Rule 34/Rule 29 — set-down as joinder of issue; transmission to estate of deceased plaintiff's claim for general damages (loss of amenities) where litis contestatio occurred before death; costs — special order for more than one advocate disallowed.
|
29 May 1969 |
|
Absence of specific intent is not automatically mitigating; facts supported inference of intent to kill, appeal dismissed.
Criminal law – Murder – dolus directus v. dolus eventualis – absence of specific intent not ipso facto mitigating; circumstantial evidence (planning, weapons, deception, paraffin and burning) may warrant inference of intent to kill – assessors' majority verdict upheld – admissibility and weight of accused's statement.
|
29 May 1969 |
|
Voluntary intoxication did not negate intent; appellant's admissions and conduct established murder; appeal dismissed.
Criminal law — Murder — Dolus (intent) — Voluntary intoxication does not automatically negate intent — court must assess accused’s mental state in light of testimony and conduct — admissions and coherent account can establish intent.
|
28 May 1969 |
|
Appellate court upheld conviction and sentence for diamond smuggling; sentence not excessive or vitiated by misdirection.
Criminal law – smuggling/possession of uncut diamonds – failure to declare goods at border – sentencing appeal – weight of credibility findings – mala prohibita offences and sentencing discretion – public interest and deterrence vs personal mitigation.
|
21 May 1969 |
|
Whether clause 13(2) remained binding after 1967 notice and whether a separate cafe formed the bakery's establishment.
Industrial law — Arbitration award — Clause prohibiting transfer/sale of bread on Sundays — Effect of Ministerial notice excluding rest of award — Meaning of "establishment" — Separate licensed cafe on same premises — Transfer v. sale.
|
12 May 1969 |
|
|
5 May 1969 |
| March 1969 |
|
|
Possession and identification evidence plus common-purpose foresight upheld robbery and murder convictions; appeals dismissed.
Criminal law – Robbery and murder – Possession of stolen property as evidence – Complainant identification – Trial court credibility findings – Common purpose/joint enterprise – Foresight of possibility of death.
|
31 March 1969 |
|
Appeal dismissed: calm confession and circumstantial evidence show deliberate murder, not mitigating provocation.
Criminal law – Murder – Provocation and mitigation – Whether heat of passion reduces culpability – Confession and circumstantial evidence indicating deliberation and intent; multiple stab wounds.
|
31 March 1969 |
|
Court may refuse late acceptance of money paid into court; discretion exercised by balancing mistake, change of circumstances and prejudice.
Civil procedure – Rule 34 payment into court – Court’s discretion to authorise payment out after prescribed period – Relevant considerations: mistake, fraud, change of circumstances, prejudice and conduct of parties – Interaction with statutory compensation procedure (Expropriation Act).
|
27 March 1969 |
|
A prominent publication accusing a prosecutor of deliberately misleading the court was defamatory; justification and fair-comment defences failed.
Defamation — meaning of words — whether 'misled the court' implies deliberate deception; justification (truth) — burden and contextual interpretation; fair comment — distinction between factual allegation (poster) and opinion; assessment of damages — aggravating factors, wide circulation, repetition, persistence by publisher.
|
26 March 1969 |
|
Appeal allowed: conviction and sentence set aside due to unreliable witness evidence and failure to investigate police coercion.
Criminal law – Appeal – Unsafe conviction – Voluntariness and admissibility of statements – Reliability of prison informant and child witness – Police coercion or inducement – Duty of trial court to investigate material allegations – Miscarriage of justice.
|
25 March 1969 |
|
A judge’s bona fide recusal, even if mistaken, does not automatically cause a failure of justice.
Criminal procedure – judicial recusal – bona fide recusal by presiding judge – objectively inadequate grounds do not automatically amount to irregularity causing failure of justice – special entry (s.364) – requirement of demonstrated prejudice to fairness of trial (s.369 proviso).
|
20 March 1969 |
|
Taxpayer’s unsupported estimates of travel and business expenses insufficient; loans were investment, not money‑lending business; appeal dismissed.
Income tax — deduction claims — burden of proof — taxpayer must prove expenditure ‘‘actually incurred’’ and ‘‘not of a capital nature’’ — distinction between investor and money‑lender — travel expenses between home/place of employment and place of business ordinarily private; expenditure to create or protect capital asset capital in nature.
|
12 March 1969 |
|
Accomplice testimony and corroborative evidence sustained robbery conviction; appeal dismissed and sentences affirmed.
Criminal law – Murder and robbery with aggravating circumstances – Accomplice evidence and corroboration – Credibility of accused as witness – Acquittal of co-accused does not necessarily vitiate conviction of another where corroborated evidence implicates him.
|
6 March 1969 |
