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Citation
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Judgment date
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| November 1969 |
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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.
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28 November 1969 |
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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.
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28 November 1969 |
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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.
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28 November 1969 |
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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.
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28 November 1969 |
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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.
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28 November 1969 |
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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.
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27 November 1969 |
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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.
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27 November 1969 |
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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.
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27 November 1969 |
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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.
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25 November 1969 |
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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.
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25 November 1969 |
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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.
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25 November 1969 |
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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.
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21 November 1969 |
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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.
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20 November 1969 |
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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.
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20 November 1969 |
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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.
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20 November 1969 |
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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.
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18 November 1969 |
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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.
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17 November 1969 |
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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.
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13 November 1969 |
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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.
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11 November 1969 |
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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.
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11 November 1969 |
