Supreme Court of Appeal of South Africa - 1979 October

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2 judgments

Citation	Judgment date
October 1979
Shield Insurance Company Limited v Payi (19/79) [1979] ZASCA 115 (12 October 1979) Whether the respondent was struck due to the bus driver’s failure to keep proper lookout and how fault should be apportioned. Road-traffic — collision at bus-stop — whether collision occurred on carriageway or gravel verge — driver’s duty to keep proper lookout — contributory negligence of pedestrian — weight and use of unsigned police statements.	12 October 1979
Dladla and Others v S (141/79) [1979] ZASCA 114 (1 October 1979) The appellants' murder convictions and death sentences affirmed: dolus eventualis found and confessions/statements admissible. * Criminal law – Murder vs culpable homicide – dolus eventualis – subjective foresight and acceptance of possible death. Criminal law – Common purpose – liability of co-perpetrators where weapon acquired to overcome resistance. Evidence – Admissibility of confession – voluntariness assessed against totality of evidence; false explanations undermine claims of coercion. Sentencing – Aggravating circumstances; absence of extenuation and confirmation of death sentence.	1 October 1979