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Citation
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Judgment date
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| December 1970 |
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Whether a dominium in proclaimed mining land reserved for township is rateable; court held it was rateable as not exclusively held for mining.
Rating law — Local Authorities Rating Ordinance 20 of 1933 — meaning of "land" and "interest in land" — proclaimed land held under mining title — dominium as interest in land — exception for portions held exclusively for exercise of right to dig — effect of reservation/permission for township surface use — municipal valuation and rates
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14 December 1970 |
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A tariff increase approved in advance cannot be used to raise general-rate revenue; unlawful surcharge is recoverable by the applicant.
Municipal law – Electricity tariffs – Provincial Notice No. 68 of 1955, Regulation 8 – whether intra vires Section 5 of Ordinance No. 6 of 1911 – construction of Regulation 8 as permitting tariff increases only to meet bona fide increases in electricity undertaking costs or anticipated deficits – misuse of tariff power to raise general municipal revenue invalid – payments made under reservation recoverable (condictio indebitis).
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14 December 1970 |
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Using a proprietor's trade mark on garments made from genuine material infringes if unauthorised and likely to cause injury.
Trade marks – Trade Marks Act s.44(1)(a) and (b) – "whether as a trade mark or not" – unauthorised use in course of trade; meaning of "in relation to" goods (s.2(2)) includes use upon/physical relation to finished goods – implied authorisation from foreign purchase insufficient to defeat registered rights – s.46(b) bona fide description defence inapplicable where mark denotes origin and goodwill – infringement established where unauthorised use likely to cause injury.
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14 December 1970 |
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Court upheld convictions: confessions found voluntary and admissible, and common purpose established guilt.
Criminal law – Confessions – Trial within a trial – Admissibility – Section 244(1) Criminal Procedure Act 56/1955 – Voluntariness and undue influence; Criminal liability – Common purpose – Circumstantial evidence; Sentence – Extenuating and aggravating circumstances.
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14 December 1970 |
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Restraint by co‑accused can establish dolus eventualis; sentencing discretion upheld though dissent preferred lengthy imprisonment.
Criminal law – joint enterprise and liability – restraint of victim by co‑accused establishes dolus eventualis for murder where death was a foreseeable consequence. Sentencing – mitigation (youth, subordinate role) relevant but trial judge must exercise discretion judicially; appellate interference limited absent misdirection.
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14 December 1970 |
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Appellant failed to prove respondent's negligence; absolution upheld and appeal dismissed with costs.
Motor collision — negligence and contributory negligence — assessment of credibility — weight of physical evidence (brake/skid marks, vehicle positions) — absolution from the instance — appellate review of trial judge's factual findings.
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11 December 1970 |
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Appeal dismissed: eyewitness identification upheld despite brief observation, poor lighting and partial intoxication.
Criminal law – Identification evidence – eyewitness recognition in poor light and brief observation – effect of partial intoxication – weight of trial judge's credibility findings – alibi and absence of identification parade.
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11 December 1970 |
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The appellant's murder conviction and death sentence upheld on common purpose and circumstantial evidence.
Criminal law – Murder – Common purpose doctrine – Joint liability for consequences of weapon use by a co‑accused; Circumstantial evidence and confession; Evaluation of witness credibility on appeal; Sentence – absence of mitigating circumstances.
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11 December 1970 |
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Appeal dismissed: trial judge properly exercised s.210 discretion and evidence supported findings of premeditated murder with dolus directus.
Criminal law – murder – premeditated group attack in prison cell – dolus directus established by eyewitness and medical evidence. Criminal procedure – s.210 discretion to call witnesses – requirement of relevance and necessity; judge’s discretion properly exercised. Credibility – appellate court will not lightly disturb trial judge’s acceptance/rejection of witnesses where reasons support findings.
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11 December 1970 |
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Appellate court reduced murder sentence to eight years due to appellant’s low intelligence and genuine fear (mitigation).
Criminal law – murder – sentence – mitigation by low intelligence, limited experience and genuine subjective fear; appellate interference where imposed sentence is strikingly excessive.
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11 December 1970 |
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Breach of Agricultural Credit Act s.23(1)(b) does not automatically void a sale; s.25 provides the legislative remedy.
Agricultural Credit Act — s.23(1)(b) restriction on disposition/encumbrance during certificate — effect of breach; s.25 sanction (revocation of proceedings) vs. automatic nullity; protection of third parties; statutory interpretation in light of purpose and scheme.
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11 December 1970 |
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Appellate court upheld future earnings and general damages awards as not excessive given multiple permanent disabilities.
• Assessment of damages – quantum for future loss of earnings where contingencies render precise calculation impossible – informed-guess approach and capitalisation of lost bonuses/overtime. • Assessment of general damages – pain, suffering, loss of amenities and disfigurement; comparative awards provide only broad guidance. • Appellate review – reluctance to interfere with trial court’s discretionary assessment of quantum absent clear excessiveness.
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11 December 1970 |
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Appellate court affirms most damage awards (elastic stockings, surgical shoe, future earnings) but reduces general damages from R27,500 to R20,000.
• Motor-vehicle personal injury – quantum of damages – entitlement to future medical expenses (elastic stockings, surgical shoe) – capitalisation, contingencies and price escalation.• Admissibility/relief for items not pleaded where evidence fully ventilated and no objection pressed.• Assessment of future loss of earnings – effect of delayed promotions and restricted job scope.• Appellate interference with general damages – substantial variation/striking disparity and use of comparable awards only as guidance.
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10 December 1970 |
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Appellate court upheld murder conviction based on reliable eyewitness identification despite absent identification parade.
Criminal law – Identification evidence – reliability and scrutiny of eyewitness identification; absence of identification parade not necessarily fatal. Criminal law – Alibi – late disclosure and rejection where inconsistent and unsupported. Criminal procedure – onus of proof – no misdirection; State must prove guilt beyond reasonable doubt.
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10 December 1970 |
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Appellate court found the collision occurred on the applicant’s side; both parties negligent and damages apportioned equally; insurer not liable.
• Road traffic – determination of point of impact – credibility and weighing of witness evidence; • Credibility – effect of inconsistent prior statements and motives on reliability of testimony; • Motor vehicle insurance – insurer not liable where policy lapsed (s.17(1)(d) consideration); • Apportionment – contributory negligence warrants 50/50 division of damages.
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10 December 1970 |
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Appeal succeeds on sentence where trial judge’s misapprehension about timing of consent vitiated sentencing.
Criminal law – sexual offences – distinction between rape and contravention of the Immorality Act when evidence on consent is equivocal; admissibility of inferences from demeanour and lack of injuries; sentencing — appellate interference where trial judge misdirected on material fact leading to excessive punishment.
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9 December 1970 |
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Circumstantial and ballistic evidence plus rejected alibi supported a reasonable inference of murder; appeal dismissed.
Criminal law – Murder – Circumstantial evidence and inferences; Ballistics evidence identifying a firearm as having fired a fatal shot; Credibility findings and contradictions in accused’s account; Possession of weapon and recently acquired goods as evidence linking accused to murder.
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9 December 1970 |
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A prior acquittal bars retrial if the second indictment is substantially the same in subject matter and proof.
Criminal law — autrefois acquit — "substantial identity" — test whether evidence to support second indictment would have procured conviction on first — acquittal under one statute bars retrial for substantially same conspiracy under another statute.
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9 December 1970 |
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Conviction based on single-witness ID and an unrecorded police 'admission' was unsafe; appeal allowed and convictions set aside.
Criminal law — Identification — Single-witness identification after long delay — Requirements for reliability and need for corroboration; Criminal procedure — Extra-judicial admissions — failure of arresting/detective officer to reduce statement to writing (Judges' Rules) undermines reliability and corroboration; Appeal — Trial court misdirection on credibility and place of alleged admission renders conviction unsafe.
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9 December 1970 |
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Defendant proved sudden, unforeseeable brake failure; trial and provincial courts misapprehended expert and witness evidence.
Motor-vehicle collision — alleged negligence — defence of sudden mechanical failure of brakes — res ipsa loquitur and evidential onus on driver to prove failure was sudden and unexpected. Evaluation of expert evidence on hydraulic brake leaks (copper washer at brake union). Appellate review where trial court misreads or selectively relies on fragments of evidence — reversal justified when balance of probabilities favours appellant.
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4 December 1970 |
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Whether accomplice testimony and circumstantial documents proved appellant’s participation in multiple thefts and sham-share frauds.
Criminal law – theft and fraud – accomplice evidence – accomplice who is participant and seeks indulgence must be approached with caution and require corroboration. Company/financial law – contrectatio (unauthorised dealing with company bank funds) – agent’s transfers or fixed deposits may constitute theft if unauthorised and accompanied by animo furandi. Corporate procedure – informal board assent and subsequent ratification can validate earlier diversions otherwise relied upon by State. Fraud – sham share transfers and nominee ‘buyers’ to deceive regulator amount to fraud.
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3 December 1970 |
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Whether the respondent proved beyond reasonable doubt that the appellant misappropriated pension funds for personal use.
Criminal law — Theft; misappropriation of pension funds; evaluation of corroborative evidence and credibility; burden of proof; appellate interference with sentence.
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1 December 1970 |
| November 1970 |
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Condonation refused: no reasonable appeal prospects because respondent’s driver was not shown to be negligent.
Motor vehicle collisions — negligence — duty to keep lookout and following distance — extent of liability where oncoming vehicle unexpectedly crosses to incorrect side of road; Civil procedure — condonation for late filing — requirement of reasonable prospects of success on appeal; Evidence — appellate review of credibility findings and absolution from instance.
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30 November 1970 |
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Applicant's passenger claim dismissed: court finds respondent bus driver not negligent and upholds trial credibility findings.
Motor-vehicle collision — negligence — duty to keep proper lookout — extent of duty where other vehicle reverses unexpectedly; credibility findings — appellate restraint where trial judge saw and heard witnesses; emergency not of driver's making — liability.
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30 November 1970 |
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Whether the appellant’s intoxication and rage precluded intent to kill or whether dolus eventualis was proved.
Criminal law – Murder – dolus eventualis – whether intoxication (drugs and alcohol) and rage precluded capacity to form intent – appellate review of trial court’s factual and credibility findings. Evidence – Surrounding circumstances (nature and savagery of assault, stamping on head, post-offence conduct) admissible to infer subjective appreciation of risk, provided relevance to factum probandum. Medical evidence – Cause of death from extensive head injuries and brain rotational damage – neuropathology and post-mortem opinion relevant to inferences on intent.
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23 November 1970 |
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Whether conduct rendered marriage intolerable; and whether failure to produce an insurance declaration creates a civil cause of action.
Family law — Judicial separation — Whether persistent humiliation, threats, physical abuse, obstruction of medical care and financial control can render cohabitation intolerable. Motor vehicle insurance — Statutory duty (s22(2)) to produce declaration of insurance — Whether breach gives rise to civil action for damages; effect of s13; negligence, causation, mitigation and liability of owner where insurer could otherwise have paid.
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20 November 1970 |
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Appeal corrects misapplied Mostert figure, revalues land at R230,000 and sets aside Water Court interest award.
Expropriation — valuation of irrigable sugar‑land — proper use of comparables (Mostert/Pongola) — permissible deductions (irrigation capital, ripping only on C‑class area, establishment) — valuation date is date of expropriation — statutory interest under s.60(4)bis and Water Court jurisdiction — costs (two counsel).
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17 November 1970 |
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An erroneous Rent Board allocation method using actual uncontrolled rents was improper, but caused no prejudice here, so appeals dismissed.
Rent control – Rents Act 1950 (as amended) – meaning of "value" and "reasonable rent value" – capital-type value related to rent-producing potential and to be determined without regard to other unexploited potential. Composite premises – mixed controlled (flats) and uncontrolled (business) portions – Rent Board must value land without improvements and buildings together, then apportion values to individual controlled dwellings by an appropriate factual method. Allocation – use of actual rents for uncontrolled portions to determine reasonable rent for controlled portions is generally improper; apportionment by sensible criteria (e.g. floor area) may be acceptable where only composite data available. Review – an error of method does not require setting aside determinations absent prejudice to the applicant.
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17 November 1970 |
| October 1970 |
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Local authority may review an Administrator's town‑planning decision, but courts will only overturn it for gross unreasonableness or mala fides.
Administrative law – town‑planning – Ordinance 25 of 1965 (T) – section 35(1) – power of Administrator to approve or reject interim schemes – standard of review: only where decision is so unreasonable as to imply mala fides or failure to apply mind will court interfere. Locus standi – local authority which initiates an amendment scheme has standing to review Administrator's decision. Failure to give reasons – may be adverse but does not automatically justify review where affidavit and record show materials considered. Separation of functions – Townships Board recommendation and Director's report are proper materials for Administrator's decision; courts must not substitute their planning judgment for Administrator's discretion.
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1 October 1970 |
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A municipal council failed to show the administrator’s discretionary town‑planning rejection was unreasonable or tainted by improper motive.
Town‑planning — administrative discretion — review standard: decision will be set aside only if so unreasonable as to indicate mala fides or failure to apply mind (Union Steel test); adequacy of administrative reasons; locus standi of municipal council; Director’s reporting to Administrator; non‑joinder not decided.
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1 October 1970 |
| September 1970 |
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Applicants’ 1951 race classifications upheld; delegation to officials valid and no right to cross-examination on these papers.
Population Registration Act — classification from 1951 census — extraction of particulars and role of officials — delegation permissible where officials act under Secretary’s directions; validity of classification tested on whether records raised doubt; Sadien distinguished for mutilated census forms.
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30 September 1970 |
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Drawer’s defence of absence of causa failed where cession did not bind creditor and cheque discharged debtor’s debt.
Bills of Exchange – cheque – provisional sentence – drawer may raise defence of absence/failure of causa; onus on drawer to prove defence on balance of probabilities. Cession – transfer of contractual obligations – obligations cannot be transferred to a third party without creditor’s consent; such transfer is a delegation/novation. Payment by stranger – a stranger may discharge a debtor’s obligation if payment is made in debtor’s name and in discharge. Bills of Exchange Act s.25(1) – ‘‘value’’/‘‘valuable consideration’’ and justa causa: cheque supported where drawer intended to incur lawful obligation.
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30 September 1970 |
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Refusal to proceed before a judge does not equal abandonment; recusal must be sought, and absolution may replace judgment for respondent.
Civil procedure – plaintiff declining to proceed before trial judge – whether statement amounts to abandonment; recusal (exceptio suspecti judicis) must be sought and proved; where no evidence led, absolution from the instance appropriate; appellate variation of trial judgment and costs.
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30 September 1970 |
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Eyewitness evidence accepted; speculative inferences from mud and glass rejected—plaintiff established prima facie negligence, appeal allowed.
Motor-vehicle negligence; proof and onus in civil claims – acceptance of uncontradicted eyewitness evidence; inadmissibility/unsoundness of speculative inferences from post-accident deposits (mud, broken glass) to locate point of impact; absolution from instance where plaintiff establishes prima facie case and defendant offers no explanation
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30 September 1970 |
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A lawfully parked, visibly placed vehicle does not render its owner negligent for another driver's inattentiveness.
Motor-vehicle collisions — parked vehicle — negligence of owner — foreseeability and standard of reasonable person — visibility and road layout evidence — contributory negligence apportionment — appeal against finding of negligence.
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30 September 1970 |
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Court upheld conviction where reverse onus not discharged; reduced some life sentences to 20 years for lack of proved active violence.
Criminal law – Terrorism – Act 83 of 1967 s.2(1),(2),(3) – reverse onus to disprove intent – admissibility of co-accused’s diary as prima facie evidence – sentencing: life imprisonment v fixed term; relevance of active participation (Tuhadeleni precedent).
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30 September 1970 |
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An auditor convicted for certifying false financial statements had half of an eight-year sentence suspended due to mitigation and restitution.
Criminal law – Fraud – Auditor certifying false financial statements – Inducing lenders to advance credit – Serious betrayal of professional trust. Sentencing – Appellate interference – "Striking disparity" test – where present appellate court may substitute sentence. Mitigation – remorse, no personal gain, restitution undertakings and complainants’ requests may justify suspension of portion of sentence.
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30 September 1970 |
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Court upheld convictions for proven active terrorists but reduced life sentences to 20 years for non‑active associates.
Criminal law – Terrorism and organised violence; Act 83 of 1967 – s.2 on training abroad and onus of proof; admissibility of fugitive diary (s.2(3)) as prima facie evidence; use of post-arrest organisational policy documents as background; sentencing — differentiation between active violent participation (life oppression) and mere association, application of S v Tuhadeleni reducing life sentences to finite terms.
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30 September 1970 |
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Court held Proclamation's definition of "Indian group" was not void for vagueness; appeal dismissed.
Group Areas/Statutory interpretation — validity of delegated definition; definition of "Indian group" — whether void for vagueness; ordinary-language meaning versus technical anthropological definitions; prior legislative usage and judicial authority; evidentiary role of expert anthropologists.
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28 September 1970 |
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Whether dividends passed through trustees to a non-resident beneficiary retain dividend character for tax exemption.
Tax law – Trust distributions – Conduit principle: dividends paid to trustees and passed to a beneficiary who is a "deemed shareholder" retain character as dividends for s.10(1)(k)(ii); annuity exclusion under s.10(2)(b) applies; s.19(3) deduction available to dividend-portion of annuity.
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24 September 1970 |
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Appellate court upheld trial credibility findings and dismissed appeal against murder conviction with extenuating circumstances.
Criminal law – murder – knife stabbing to chest – intent and foresight of death. Credibility – appellate deference to trial court’s findings based on demeanour and inconsistencies in defence evidence. Intoxication/provocation – may mitigate but did not reduce murder to culpable homicide here. Sentence – 10 years' imprisonment upheld where previous convictions proven.
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22 September 1970 |
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Whether credibility and surrounding circumstances support conviction for sex with a minor; whether sentencing was justified where theft evidence left reasonable doubt.
Criminal law – sexual offences – conviction for intercourse with girl under 16 – application of cautionary rule and reliance on surrounding circumstances to corroborate complainant’s evidence. Criminal law – theft by public official – alleged misappropriation of pension funds – assessment of credibility where accused admits irregularity but adduces corroborated evidence that funds were applied to public works; appellate interference with sentence.
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22 September 1970 |
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Administrator may not require uncompensated surrender of land as condition for building-plan approval.
Town-planning scheme – Administrator's power under section 35 bis(1) – Clause requiring uncompensated surrender of land as condition for building-plan approval – Ultra vires – Interpretation: no implied power to authorise expropriation without compensation – Chapter 4 provisions for acquisition and compensation – s.57(2), s.48 considered.
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3 September 1970 |
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Section 5(4) permits the Secretary to alter racial classifications more than once; board decisions alone are final.
Population Registration Act 30/1950 (as amended) – s.5(1), s.5(4) – meaning of "classification in terms of subsection (1)" – reclassification by Secretary falls within s.5(1) – Secretary may alter classification more than once (unless classification is in accordance with board decision) – Essop (1969) overruled; exercise of s.5(4) requires notice and hearing; board decisions final and binding.
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1 September 1970 |
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Court stayed determination and ordered joinder of third parties before deciding lease‑competition and cancellation issues.
Civil procedure – non‑joinder of necessary parties – court may not finally determine disputes affecting persons with direct and substantial interests not before the court; joinder or written consent required. Lease – restrictive covenant against competition – construction and breach not decided where interested third parties not joined. Insolvency – trustee’s rights under continued sub‑lease and assignment may affect third parties and require their joinder.
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1 September 1970 |
| August 1970 |
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Appellant’s fraud convictions upheld where sub-agency was fabricated; theft convictions upheld for misappropriating earmarked deposits.
Criminal law – fraud and theft – estate agent accepting deposits "pending" sale – whether authority to sell existed – misappropriation of earmarked deposits shows animus furandi. Criminal procedure – section 280 bis – onus and relevance where accused’s belief in authority is disputed. Evidence – confusio/commingling of bank funds – rejected where accused’s explanation of investment was disbelieved.
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31 August 1970 |
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Appellate court ordered partial concurrency, reducing aggregate imprisonment because appellant’s youth and prospects for reform made 22 years excessive.
Criminal law – Sentencing – concurrent versus consecutive sentences – appellate interference limited to misdirection or startling/disproportionate sentence; mitigation – youth, disturbed personality and prospects of reform; assessment of aggregate severity of consecutive sentences.
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31 August 1970 |
| June 1970 |
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Appeal against murder conviction failed: no provocation or mental disease shown; further evidence refused.
* Criminal law – murder – whether extenuating circumstances or provocation present to mitigate sentence Criminal procedure – trial judge intervention in witness examination – irregularity and when it vitiates trial Criminal procedure – admission of further evidence on appeal under s 363(3) – test whether evidence could reasonably lead to a different verdict Forensic psychiatry/psychology – personality disorder vs psychosis/epilepsy and effect on criminal responsibility
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8 June 1970 |
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Appeal upheld where inconsistent eyewitnesses left reasonable possibility of accuseds' self‑defence; convictions and death sentences set aside.
Criminal law – murder – assessment of eyewitness credibility – inconsistent eyewitness accounts – appellate review of factual findings – reasonable possibility of accuseds’ version – self‑defence/necessity – insufficiency of proof beyond reasonable doubt.
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5 June 1970 |
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Trial court wrongly relied on preparatory‑examination evidence to reject mitigation; sentence reduced and suspended.
Criminal law – sentence – misuse of preparatory (preliminary) examination evidence to discredit accused's mitigation evidence – improper to treat such material as conclusively disproving in‑court testimony without usual testing; sentencing discretion exercised in light of youth, serious health condition and honest belief about complainant's age.
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2 June 1970 |
