Supreme Court of Appeal of South Africa - 1969 May

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8 judgments

Citation	Judgment date
May 1969
Federated Employers Insurance Company Fire & General Insurance Company Limited and Another v McKenzie (140/68) [1969] ZASCA 55 (29 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
L Feldman Ltd v Secretary for Inland Revenue (6/69) [1969] ZASCA 14 (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
Milne NO v Shield Insurance Company Ltd (21/69) [1969] ZASCA 21 (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
Mzobe v S (40/69) [1969] ZASCA 8 (29 Mei 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
Windvoel v S (24/69) [1969] ZASCA 20 (28 Mei 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
Swanepoel v S (35/69) [1969] ZASCA 19 (21 Mei 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
Eley's Bakery (Proprietary) Limited and Others v S (4/69) [1969] ZASCA 13 (12 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
Holloway v Stander (150/68) [1969] ZASCA 41 (5 Mei 1969)	5 May 1969