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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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2 judgments
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2 judgments
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April 1979
Ramanasana v S (135/79) [1979] ZASCA 49 (26 April 1979)
Leave to appeal refused where credible single-witness identification and unsupported alibi left no reasonable prospect of success.

* Criminal law – Identification – Single eyewitness identification may suffice where witness knew accused, observed at close range under good lighting and later identified him to police. Criminal law – Alibi – Failure to call alibi witnesses and giving evasive explanations may undermine alibi defence. Criminal procedure – Leave to appeal – Refusal where no reasonable prospect of success. Bail – Bail fixed pending further proceedings with reporting conditions.

 26 April 1979
Consolidated Frame Cotton Corporation Limited v Oostelike Transvaalse Kooperasie Beperk (38/78) [1979] ZASCA 48 (20 April 1979)
Whether the applicant and respondent concluded a telephonic contract for the respondent's 1975 cotton crop and whether it was breached.
Contract — formation by telephone — corroboration by contemporaneous letters and telexes — orders for 13,000 and 8,000 bales held to evidence a contract for 21,000 bales (excluding B.S.G.). Evidence — credibility and probabilities — appellate court may upset trial credibility findings where documentary evidence and overall probabilities overwhelmingly favour the other version. Remedies — breach for non-delivery of contracted cotton lint — agreed damages awarded. Commercial practice — use of telexed delivery/rail instructions and industry-wide marketing agreement as relevant to contract terms.
 20 April 1979