Supreme Court of Appeal of South Africa - 1979 June

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8 judgments

Citation	Judgment date
June 1979
Mondorp Eiendomsagentskap (Eiendoms) Beperk v De Beer (32/78) [1979] ZASCA 156 (5 Junie 1979) Whether a letter acknowledging future commission created an enforceable undertaking by the principal to pay a third party. Contract – Interpretation of written undertaking – ambiguity in letter acknowledging future commission – whether letter constituted unqualified undertaking by employer to pay third party – admissibility and scope of extrinsic evidence to resolve ambiguity – acceptance of stipulation in favour of third party – reliance/estoppel and liability of principal for agent’s conduct – condonation of late appeal.	5 June 1979
Mondorp Eiendomsa Gentskap (Eiendoms) Beperk v Kemp en 'n Ander (32/78) [1979] ZASCA 80 (5 Junie 1979) Whether an ambiguous letter constituted an enforceable undertaking and when extrinsic evidence may be used to imply contractual obligation. Contract interpretation — written instrument (Exhibit A) ambiguous — whether it constituted an unconditional undertaking to pay a third party’s creditor — admissibility of surrounding circumstances and extrinsic evidence only where instrument ambiguous and existence of contractual obligation established — reliance/trust (estoppel) argument considered but minority view.	5 June 1979
Joubert v S (47/78) [1979] ZASCA 78 (4 Junie 1979) Whether work-injury patients in a closed teaching hospital are private patients for physician fees; appeal dismissed. * Workmen's Compensation / Ongevallewet – B.O.D. patients – status in closed teaching hospitals – not private patients for doctors' fees unless treated within authorised limited private practice. Criminal law – fraud – false representation and mens rea – applicant's contemporaneous letters and conduct relevant to honest belief. Medical practice – head of department claiming fees for work done by subordinates – not decided but potentially permissible if patients are private.	4 June 1979
South African Mutual Fire and General Insurance Company Ltd v Venter (411/78) [1979] ZASCA 79 (4 Junie 1979) Driver in a sudden emergency who braked instinctively was not negligent for not swerving or sounding horn. Delict — motor collision — sudden emergency — objective standard judged by driver’s knowledge at moment not by hindsight; failure to swerve or to sound horn not negligent on these facts; force of collision not dispositive without supporting evidence.	4 June 1979
S v Kubheka (35/79) [1979] ZASCA 50 (4 Junie 1979) The appellant's death sentence for murder upheld; death for robbery replaced with 12 years' imprisonment. * Criminal law – murder and robbery with aggravating circumstances – mitigating factors (youth, education, intoxication, influence of co‑accused) – appellate review of sentencing discretion – appropriateness of death sentence where victim's death forms basis of separate murder conviction.	4 June 1979
Biils of Costs (Pty) Ltd and Another v Registrar of Supreme Court of South Africa (Cape of Good Hope Provincial Division) (146/78) [1979] ZASCA 76 (1 June 1979) Taxation of costs is part of judicial proceedings; only advocates or attorneys may appear before the taxing master. Taxation of bills of costs — Right of audience — Taxing master as court officer — Non‑qualified taxing consultants not entitled to appear — Rules and statutes do not displace common‑law prohibition — Local practice insufficient to establish right.	1 June 1979
Botes v Van Zyl (386/77) [1979] ZASCA 77 (1 Junie 1979) Whether the respondent’s testimony and admissions sufficiently proved paternity despite the corroboration rule. Family law – Paternity – proof on balance of probabilities – role of corroborative (stawende) evidence and weight of admissions and circumstantial facts. Damages – kraamkoste and loss of earnings – separate awards permissible where loss of earnings not subsumed in agreed kraamkoste. Civil procedure / professional conduct – improper interviewing of a vulnerable litigant and taking sworn statements at maintenance inquiry condemned. Evidence – blood-group tests which do not exclude paternity admissible but not conclusive.	1 June 1979
Mbele and Others v S (56/79) [1979] ZASCA 75 (1 June 1979) The appellants' gang-conspiracy murder convictions and sentences, including death and life terms, were upheld; duress defence failed. Criminal law – Murder – Gang-organised killing in prison cell – Credibility of convict eyewitnesses and prison officers – Conspiracy and common purpose liability – Duress/compulsion defence and partial-excuse rule – Extenuating circumstances and death sentence – Appellate review of credibility findings.	1 June 1979