Supreme Court of Appeal of South Africa - 1979 August

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6 judgments

Citation	Judgment date
August 1979
Malindi v S (165/79) [1979] ZASCA 87 (31 Augustus 1979) Whether eyewitness and medical evidence proved dolus eventualis when the appellant allegedly ran over the deceased with his vehicle. * Criminal law – homicide – whether eyewitness and medical evidence established dolus eventualis where accused’s vehicle ran over deceased. Evidence – assessment of contradictory eyewitness testimony and impact of accused’s falsehoods. Forensic pathology – compatibility of subdural haemorrhage and absence of skull fracture with allegation of wheel passing over head. Sentencing – appellate power to alter conviction and sentence where reasonable doubt exists about intent.	31 August 1979
Dladla v S (116/79) [1979] ZASCA 86 (27 Augustus 1979) The applicant’s revenge-driven, premeditated murders did not constitute mitigating circumstances; appeal dismissed. Criminal law – Murder – Mitigating (extenuating) circumstances – revenge and grief do not necessarily amount to mitigation; appellate review of assessors’ divergent views; legal limits on reserving death sentence to ‘most extreme’ cases.	27 August 1979
Faureand Another v Joubert and Another (270/78) [1979] ZASCA 83 (24 Augustus 1979) Whether a printed auction exemption clause bars vendor liability for pre-auction representations and whether ambiguity invokes contra proferentem. Contract interpretation – printed auction sale conditions – exemption clause – whether clause precludes reliance on prior representations – ambiguity – contra proferentem applies; auctioneer versus vendor liability; exception to alternative plea.	24 August 1979
Marine and Trade Insurance Company Ltd v Katz NO (428/78) [1979] ZASCA 84 (24 August 1979) Court construes s.21(1C): insurer alone may elect statutory undertaking; court cannot prescribe detailed content without insurer’s consent; instalments need not be prefixed by a lump sum. Motor Vehicle Insurance Act s.21(1C)(a)–(b) — construction of insurer’s statutory undertaking — insurer’s election to furnish undertaking — scope of court’s power to prescribe contents — undertaking limits: reasonable costs in categories of hospital accommodation, treatment, services, goods — s.21(1C)(b) — no requirement to quantify globular lump sum; court may direct instalment schedule; instalments cease on death/at 60.	24 August 1979
Van Rensburg v Coetzee (105/77) [1979] ZASCA 85 (24 Augustus 1979) A landlocked owner is entitled to a permanent right of way; court fixes route, width and compensation. Servitudes – right of way of necessity (jus viae) – distinction between jus viae precario and jus viae plenum – route selection rule: nearest and least damage – proof required as to necessity, route, width and compensation – magistrate’s court jurisdiction to determine and order registration of right of way – assessment of justum pretium.	24 August 1979
President Insurance Company Limited v Encarnacao and Another (313/78) [1979] ZASCA 82 (23 Augustus 1979) The respondent's version preferred; the driver was negligent and the applicant's appeal dismissed. Motor-vehicle negligence — causation — credibility of witnesses — admissibility and weight of police statements and inquest evidence — effect of post‑accident conduct and blood‑alcohol result — appellate assessment of probabilities; costs — two counsel refused.	23 August 1979