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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10 judgments

Citation	Judgment date
February 1979
S v Van Eeden (LT/357/78) [1979] ZASCA 8 (27 Februarie 1979) Death sentence for rape upheld where young victim suffered severe injuries and trial judge properly exercised sentencing discretion. Criminal law – Sentencing – Death penalty for rape – Reserved for cases with aggravating circumstances (serious bodily injury) – Trial judge's discretion – Relevance of prior convictions and escape history – Mercy consideration – Appellate interference only for misdirection or unreasonable exercise of discretion.	27 February 1979
Alfeus v S (283/78) [1979] ZASCA 5 (22 Februarie 1979) State failed to prove appellant did not act under compulsion when supplying goods to armed persons; conviction set aside. Criminal law — necessity/duress — whether assistance to armed persons was voluntary — burden on State to prove absence of compulsion — membership of lawful political organisation not proof of terrorist motive.	22 February 1979
Broadacres Investments Limited v Hart (425/77) [1979] ZASCA 7 (22 February 1979) A provincial ordinance making pre-approval township sales voidable to protect purchasers and expedite proclamation is intra vires. Constitutional and statutory interpretation – provincial legislative competence – item empowering provincial Councils to legislate on "establishment and administration of townships" includes incidental powers to regulate pre-approval sales. Property law – townships – validity of provincial ordinance rendering pre-proclamation sales voidable and providing for repayment with interest. Administrative/municipal law – measures to protect purchasers and to induce developers to obtain proclamation are within provincial competence. Interaction of national and provincial law – general national requirements as to form of sale contracts do not preclude additional provincial regulation incidental to town planning/township establishment.	22 February 1979
Dippenaar v Shield Insurance Company Limited (114/78) [1979] ZASCA 164 (22 February 1979) Compulsory employment pension benefits are deferred remuneration and deductible from damages for loss of earning capacity. Collateral benefits — statutory employment pensions and gratuities — constitute part of the contract of employment where participation and employer contributions are compulsory; such pension benefits are deferred remuneration and their present value is deductible in assessing damages for loss of earning capacity; valuation should reflect any real risk of non‑payment.	22 February 1979
Estate, Dippenaar v Shield Insurance Co Ltd (114/78) [1979] ZASCA 4 (22 February 1979) Statutory employment pensions and related retirement benefits are deductible from damages as part of contractual earning capacity. Delict – damages for loss of earning capacity – collateral benefits – deductibility of statutory employer pension and gratuity – pensions as deferred remuneration arising from employment contract – employer contributions not gratuitous – present value deduction permitted; valuation to reflect probability where pension security uncertain.	22 February 1979
Union nd South West Africa Insurance Company Ltd v Cakata (373/77) [1979] ZASCA 6 (22 February 1979) A passenger conveyed for a superior’s convenience was not carried "in the course of the driver’s business" under s.11(1)(iii). Motor‑vehicle insurance — s.11(1)(iii) proviso — Meaning of "in the course of the business" of driver — Nexus required between passenger’s presence and driver’s business — "Business" excludes mere isolated instruction or personal errands; requires enterprise or pursuit of sufficient importance.	22 February 1979
Dumon v S (143/78) [1979] ZASCA 165 (15 Februarie 1979) Appellant convicted of two counts of fraud for causing bank to be credited with cheques he knew would be dishonoured. Criminal law – Fraud – Whether accused’s knowledge and participation in false representations to bank established – Whether bank official’s knowledge imputable to bank – Proof of intent where alleged promise of incoming funds is unproven.	15 February 1979
S v Dumon (143/78) [1979] ZASCA 3 (15 Februarie 1979) Appellant knew cheques deposited to cover overdrafts were invalid and was rightly convicted of fraud. Criminal law – fraud – presentation of cheques – knowledge of dishonour; Bank transactions – overdraft facilities and temporary arrangements; Evidence – acceptance of bank official’s testimony and drawing of inferences; Agency/imputation – limits of attributing employee knowledge to the bank as defence.	15 February 1979
S v McClusky and Another (22/78) [1979] ZASCA 2 (15 February 1979) Exemption under Group Areas Act unavailable where employee acted as supervisor and required continuous white supervision was not proved. Group Areas Act s.26(1) — Proclamation R5 of 1968 (para (2)(B)/(C)) exemption for bona fide employees — definitions of ‘manager’ and ‘supervisor’ — requirement of full‑time personal supervision and employer ‘ordinarily continuously present’ on premises — separate premises concept — burden on accused to prove exemption.	15 February 1979
S v Mchunu en 'n Ander (69/79) [1979] ZASCA 81 (13 February 1979) The applicants convicted of armed robbery and unlicensed firearm/ammunition possession; threats suffice for robbery; leave to appeal and bail refused. * Criminal law – Robbery with aggravating circumstances – Proof of violence – Threat of violence sufficient; actual physical injury not required. Evidence – Extra‑judicial confessions – Voluntariness and weight; corroboration by independent exhibits and linking evidence. Sentencing – Seriousness of armed robbery and concurrent/unordered custodial terms. Appeals – Leave to appeal and bail pending appeal may be refused where no reasonable prospect of success.	13 February 1979