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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/
9 judgments
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9 judgments
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September 1969
De Villiers v S (59/69) [1969] ZASCA 25 (23 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
Holland v Deysel (17/69) [1969] ZASCA 28 (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
Mbanjwa and Another v S (68/69) [1969] ZASCA 23 (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
Moloi v S (109/69) [1969] ZASCA 31 (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
Judin v S (174/68) [1969] ZASCA 37 (20 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
Zondo v S (78/69) [1969] ZASCA 5 (18 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
Stevenson v S (27/69) [1969] ZASCA 6 (11 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
Brown and Another v Secretary for Interior (10/69) [1969] ZASCA 9 (9 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
Aribeb v S (39/69) [1969] ZASCA 16 (3 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