|
Citation
|
Judgment date
|
| December 1982 |
|
|
|
24 December 1982 |
|
|
21 December 1982 |
|
Fingerprint and police evidence sustained convictions of two accused; the third's conviction was overturned for insufficient credible proof.
Criminal law – housebreaking with intent to steal and theft – weight and reliability of fingerprint/palmprint evidence; possession of unlicensed firearm and ammunition; assessment of witness credibility; adequacy of proof against co-accused; appellate interference with convictions and sentence
|
16 December 1982 |
|
|
16 December 1982 |
|
Court convicted defendant 1 of murder and aggravated robbery, and defendant 2 of murder (dolus eventualis) and attempted aggravated robbery.
* Criminal law – Murder – dolus eventualis (intent by possibility-awareness) – liability of participants in violent robbery for resultant death. Criminal law – Robbery with aggravating circumstances – taking property during violent attack; completion versus attempt. Evidence – evaluation of competing eyewitness/co-accused accounts and forensic pathology to establish causation and intent. Procedural – withdrawal of charge against one co-accused who testified for the State
|
15 December 1982 |
|
|
6 December 1982 |
|
Court convicts cell leader of murder (death); co-accused convicted with mitigation; two acquitted due to coercion.
Criminal law — Murder in prison cell — forensic and eyewitness evidence — accomplice testimony and corroboration — duress and gang influence as mitigating/extenuating circumstances — sentencing (death vs. long term imprisonment)
|
6 December 1982 |
|
A patent-holder’s enforcement can amount to eviction; reasonable legal costs are recoverable but settlement payments must be proved reasonable.
Contract — Vendor’s implied warranty against eviction — Application by analogy where a patentee’s enforcement threatens purchaser’s quiet possession and use of goods. Patent law — Registered patent prima facie valid — burden on challenger to prove invalidity. Remedies — Recoverability of reasonable settlement payments and legal costs incurred to avert threatened enforcement; requirement of proof of reasonableness for settlements. Costs — appellate reallocation where counterclaim for legal fees established by evidence (including taxation expert).
|
3 December 1982 |
|
A sub‑lessee lacking privity with the owner is not entitled to expropriation compensation under section 13 of the Act.
Expropriation — interpretation of Expropriation Act 63 of 1975 — s 9(1)(d) owner’s duty to furnish contract particulars — s 13(1) compensation for unregistered rights — whether sub‑lease qualifies as ‘lease’ contemplated by s 9(1)(d)(i) — privity with owner required — s 22 termination of unregistered rights.
|
3 December 1982 |
|
Appellants’ pleas to release the victim and youth influenced the court to find extenuating circumstances and substitute imprisonment for death.
Criminal law – Murder – Death sentence – Extenuating circumstances where accused, though participating, pleaded for victim’s release and were influenced by principal – appellate substitution of imprisonment for death
|
1 December 1982 |
|
Regulation prohibiting handing documents to legal representatives includes instructions and is a reasonable, intra vires limitation; Commissioner may lawfully take articles into safe custody.
Prison law – access to legal adviser – Regulation 123(2)(f) construed to include written instructions to counsel – Commissioner’s approval required.* Administrative law – limits on fundamental rights in prison – reasonableness/balancing test for regulations limiting access to counsel.* Prison management – power to take prisoner’s articles into safe custody (Regulation 90/90A and s 77) includes documents in appropriate circumstances.* Evidence law – attorney-client privilege does not per se protect documents from administrative seizure when not part of pending or intended litigation.
|
1 December 1982 |
|
Alleging the respondent secretly advocated violence, contrary to his public pacifism, was defamatory per se; appellants liable.
Defamation — defamatory meaning by context — "influence" construed as advocacy of violence; onus to rebut animus injuriandi; publisher’s joint liability; damages upheld.
|
1 December 1982 |
| November 1982 |
|
|
Section 64 requires prior lodging of the written claim and prior special leave before instituting proceedings.
Statutory interpretation – s64(1)–(3) Act 70 of 1957 – pre‑action requirements – written claim must be lodged with defendant before instituting proceedings; special leave under s64(3) is conditional and cannot be used to validate proceedings already commenced.
|
30 November 1982 |
|
An applicant with a precarious right of occupancy cannot recover house value absent proof of delictual loss and quantum.
Delict – wrongful or negligent revocation of permission to occupy; Precarious occupancy v ownership – house acceding to soil; Accession – immovable property passes to landowner; Administrative discretion – legal effect of untrammelled revocation; Proof of damages – need to prove and quantify loss (rental value, moving costs); Costs – consequences where damages not quantified.
|
30 November 1982 |
|
The court upheld convictions and death sentences, finding no sufficient extenuating circumstances.
Criminal law – sentencing discretion and youth – whether borderline youthfulness mitigates death sentence; criminal liability – dolus eventualis not per se extenuating; mitigation – alleged belief in witchcraft insufficient to excuse participation; evidence – corroboration and credibility to establish planner/instigator liability
|
30 November 1982 |
|
An employer may recover full statutory compensation from a third party under s 8(1)(b) despite its own causal negligence; the 1956 Apportionment Act does not apply.
Workmen's Compensation Act 1941 – s 8(1)(b) – employer's statutory right to recover compensation from third party – applicability despite employer's causal negligence. Apportionment of Damages Act 1956 – whether statutory compensation recovered under s 8(1)(b) constitutes "damage" for apportionment – held not to apply. Interaction of statutory compensation scheme and common-law delict – employer's liability is statutory, workman barred from suing employer in delict (s 7), affecting rights of contribution/indemnity. Distinction from English authority (Cory) due to differing statutory context.
|
30 November 1982 |
|
Appeal succeeds: trial court erred in ordering dismissal where evidence supported agreed commission tariff and transaction value.
Civil procedure – application for dismissal after plaintiff closed case (verlossing van die instansie) – requirements for refusing to proceed to judgment – sufficiency of evidence to leave issues of commission and value to further hearing; Agency/estate agents – entitlement to commission – agreement to institute tariff; Sale vs exchange – substantive effect for entitlement to commission.
|
29 November 1982 |
|
An escalation clause in a cost‑plus building contract can increase the stated monetary cap to preserve its real value.
Contract interpretation – cost-plus contract with a stated maximum price – meaning and effect of an escalation clause ("1% per month of R16 000") – whether escalation permits increases above stated monetary ceiling; Commercial construction contracts – function of escalation in cost‑plus versus lump‑sum contracts; Evidence – when extrinsic evidence is admissible to resolve alleged ambiguity; Relief – no factual basis to determine commencement/duration of escalation.
|
29 November 1982 |
|
Court upheld treason convictions and death sentences; admissibility of confessions/pointing‑out upheld; defective reservation of law question noted.
Criminal law — High treason — membership, military training, sabotage and armed attacks — sufficiency of evidence to prove treason. Criminal procedure — admissibility of magistrate pleas and s.115 questioning; defective reservation of question of law depending on disputed facts. Criminal procedure — extra‑curial admissions and 'pointing out' — admissibility and voluntariness; section 219A not altering pointing‑out principles. Constitutional/status — effect of Transkei citizenship on duty of allegiance. Sentence — deference to trial judge on mitigation and death penalty
|
26 November 1982 |
|
A deregistered company cannot appeal; a director who prosecutes an appeal without company authority must pay the respondent’s costs.
Corporate law – Deregistration of company – Effect of deregistration on party status and appeal rights; Civil procedure – Appeal competency – costs-only orders requiring leave under s 20(2)(b) of the Supreme Court Act; Appellate practice – Power of attorney and company resolution required to authorize prosecution of appeal; Costs – Director personally liable for costs when appeal prosecuted without proper company authority; Attorneys – censure for proceeding despite knowledge of deregistration.
|
25 November 1982 |
|
Whether municipal undercharging from a defective service connection is recoverable under By‑laws' s7(7) rather than being an "inaccuracy of a meter".
Electricity by‑laws — construction of section 7(7) — "inaccuracy of a meter" means defect in meter itself — municipality entitled to recover unmetered consumption caused by defective service connection — municipal negligence does not bar recovery.
|
25 November 1982 |
|
Oral mandate to sell shares and implied obligation to make shares available upheld; appeal dismissed with costs.
Company/takeover law – oral mandate to include shareholder’s shares in sale – formation and proof of oral agreement; Agency – implied term or tacit undertaking by mandator to place shares at agent’s disposal to enable performance; Pleadings – sufficiency where wider meaning of 'on behalf of' alleged; Procedural – prematurity of action where deed preserves right to sue; Costs – interdict costs awarded where repudiation occasioned proceedings.
|
25 November 1982 |
|
Applicant's appeal against death sentence for murder dismissed; death sentence for aggravated robbery set aside and replaced with eight years' imprisonment.
* Criminal law – murder – mitigating circumstances – onus on accused to prove extenuation – verdict of trial court to reject accused's testimony upheld. Sentencing – exercise of discretion – trial judge's emphasis on prior convictions without adequate consideration of offence nature and personal circumstances allows appellate reconsideration. Sentencing – aggravated robbery – death sentence inappropriate where disproportionate; substitution of term of imprisonment appropriate
|
23 November 1982 |
|
Failure to consider periodical imprisonment warranted substituting a 12‑month sentence with 700 hours under section 285.
Sentencing — periodical imprisonment — failure of sentencing court to consider periodical imprisonment as alternative to continuous imprisonment — mitigation: age, dependants, stable employment — appellate substitution of sentence under s 285 Criminal Procedure Act
|
23 November 1982 |
|
False and inconsistent confession undermines conviction; one appellant acquitted, other murder convictions upheld with concurrent sentences for remaining counts.
Criminal law – murder and robbery – extenuating circumstances – participation and degree of culpability; admissibility and weight of confession containing false particulars; flight and receipt of money under threat – not proof of accessory after the fact; cumulative sentences – ordering concurrent terms to avoid excessive imprisonment
|
23 November 1982 |
|
Respondent’s failure to call the available driver was decisive and established applicant’s case on the balance of probabilities.
Motor-accident — pedestrian struck by insured vehicle — effect of insurer failing to call available driver Evidence — weight to be given to plaintiff's imperfect testimony where not mere conjecture Forensic evidence — probative value of tyre-mark evidence in reconstructing vehicle path Procedural — absence of explanatory evidence from person best placed can be decisive on balance of probabilities
|
23 November 1982 |
|
Conviction for motor vehicle theft upheld on identity evidence; two of four years suspended on appeal.
* Criminal law – theft of motor vehicle – identification of stolen vehicle by chassis number, owner recognition, and keys fitting doors – sufficiency of evidence. Evidence – witness credibility and conflicting descriptions of vehicle colour – independent corroboration outweighing defence witnesses. Expert evidence – irregular engine number does not necessarily negate vehicle identity. Sentence – partial suspension of term on appeal
|
22 November 1982 |
|
The applicant's patent claim was held inutile because it included an impracticable alternative method, so the appeal was dismissed.
Patent law – claim construction – purposive/literal approach – claim that prescribes truly alternative methods construed as promising both alternatives will work; inclusion of an impracticable or useless method in a claim renders the claim inutile and invalid. Condonation for late appeal may be granted where delay is excused and appeal has merit. Leave to apply for amendment may be permitted following dismissal
|
22 November 1982 |
|
Reported
Circumstantial evidence supported conviction for possession/dealing in dagga; a prior suspended sentence, if activated, must run concurrently.
Criminal law – possession and dealing in dagga – circumstantial evidence and inferences as to possession and control; statutory presumption where quantity exceeds threshold (s 10(1)(a)) – appellate review of conviction; Sentencing – effect of pre-existing suspended sentence – requirement to consider activation and ordering of concurrency to avoid excessive cumulative punishment
|
19 November 1982 |
|
The appellant’s murder and firearm-possession convictions were set aside for unreliable eyewitness evidence and lack of mens rea.
Criminal law – murder – reliance on eyewitness evidence – credibility and ability to observe – reasonable doubt. Criminal law – firearms and ammunition – s.2 offence requires mens rea; temporary possession to preserve evidence may negate wrongful intent
|
19 November 1982 |
|
Murder conviction set aside where accidental discharge during a struggle for a service revolver remained a reasonable possibility.
Criminal law — Homicide — murder versus accidental killing during struggle for firearm — proof required to establish dolus eventualis; burden on the State to exclude reasonable possibility of accused's version; assessment of credibility where sole direct evidence of fatal event is the accused's account; self‑defence and accident in close‑quarters struggle over service revolver
|
18 November 1982 |
|
Proprietary consequences of a South African Muslim polygamous union are unenforceable, but an independent deposit claim for jewellery succeeds.
Family law — Muslim marriages — proprietary consequences of marriages and terminations under Muslim custom — potential polygamous unions contracted in South Africa — unenforceable on public policy grounds; independent contractual claim for safekeeping/return of property enforceable. Marriage Act s 3(1), s 11 — rites distinct from recognition of polygamy. Comparative/foreign recognition of foreign polygamous marriages not decisive for domestic unions.
|
16 November 1982 |
|
The applicant's accidental-discharge defence rejected; murder conviction and nine-year sentence upheld.
Criminal law – Murder – Defence of accidental discharge – Credibility findings and demonstrations in court – Intoxication and appreciation of risk – Dolus eventualis – Sentence review – appropriateness and deterrent element
|
16 November 1982 |
|
|
11 November 1982 |
|
Purposive construction finds two-stage pinned panels infringe claim 4; support-frame claims 26–28 invalid for obviousness.
Patent law — claim construction — purposive construction of claims; infringement — modular screening panels with spigot-like protrusions; "clip into" construed to include two-stage fastening with securing pin; obviousness — support frame claims invalid as obvious adaptation; novelty issue not determinative once obviousness established.
|
9 November 1982 |
|
Killing to avoid exposure for theft did not constitute extenuating circumstances; appeal dismissed.
* Criminal law – Murder – Extenuating circumstances – Whether prolonged questioning, fear of dismissal or imprisonment, or absence of premeditation constitute extenuation reducing moral blameworthiness. Appellate review – Findings on extenuation – appellate interference only where misdirection, irregularity or conclusion no reasonable court could reach
|
5 November 1982 |
| October 1982 |
|
|
Court convicted two accused under Terrorism Act for inciting training abroad; sentenced to five years and bail pending appeal refused.
Terrorism Act (Act 83/1967) – s 2(1)(b) read with s 1 – incitement/assistance to receive training; evidence – credibility of young illiterate witness; single-witness evidence and cautionary rule; corroboration; admissibility/weight of evidence despite alleged police threats/assault; sentencing – statutory minimum; bail pending appeal – flight risk and adequacy of supervision
|
31 October 1982 |
|
|
21 October 1982 |
|
Unlawful trade in rough diamonds is a serious offence; intermediaries liable to custodial sentences and forfeiture.
Criminal law – Unlawful possession and trade in rough/uncut diamonds – Proclamation 17 of 1939 (s28) – s112(2) admissions – admissibility and weight – use of undercover agent/lokvink and entrapment – intermediaries’ culpability – sentencing and forfeiture
|
12 October 1982 |
|
Whether mailed dividend cheques made the claimant the 'true owner' — court held she did not; claim dismissed.
Bills of Exchange Act s.81(1) & (3) – 'true owner' of stolen cheque – delivery by post and transfer of risk – authority or implied agreement to address – proof of posting by office practice – requests for information to bank under s.81(3)
|
1 October 1982 |
|
|
1 October 1982 |
| September 1982 |
|
|
Whether an oral agreement cancelled or materially varied a written suretyship and thus complied with s 6 of Act 50 of 1956.
* Contract/Suretyship – section 6 Act 50 of 1956 – material oral variations of a written suretyship are invalid unless reduced to writing and signed. Oral cancellation in futurum – may be admissible where it does not place the written terms of the contract in issue. Pleadings – ambiguity in plea as to effect of oral agreement may justify referral for evidence and possible amendment. Procedure – preliminary legal decision under Rule 33(4) may be inappropriate where facts forming the true effect of an oral agreement require proof
|
30 September 1982 |
|
Objective construction of an option notice required; the 30 December 1974 letter was not a clear exercise of an option for Erf 471 alone; eviction granted.
Property/contract – option to purchase – objective interpretation of notice exercising option – contextual construction including prior correspondence; rectification claim abandoned at trial; eviction ordered; claim for specific unpaid rent dismissed; damages awarded by agreement.
|
30 September 1982 |
|
Agent's culpable neglect in failing to prevent prescription does not constitute "special circumstances" excusing late MVA 13 service.
Motor-vehicle claims — prescription — s 24(2)(a)(i) Motor Vehicles Act — meaning of "any omission or ignorance" in definition of "special circumstances" — interpreted restrictively as culpable omission/ignorance; reasonableness standard for agents' conduct when prescription imminent; late service of MVA 13 caused by agent's culpable neglect does not constitute "special circumstances."
|
30 September 1982 |
|
Whether employees or owner negligent for cattle escape—insufficient proof; claim dismissed with costs.
Delict/negligence – liability for animals – onus of proof and permissible inferences – vicarious liability – adequacy of farmer’s precautions and instructions to employees – scope of employment
|
30 September 1982 |
|
Material, unlawful pre-publication changes to the candidates' list rendered the election invalid; statutory presumptions did not save it.
Electoral law – Proclamation 54 – registry court list vs published list – pre-publication alteration of candidates' list unlawful – article 7(5) presumption of regularity inapplicable where published notice is inaccurate – article 35(1) does not bar challenge when announcement not made in terms of Proclamation – material irregularity vitiates election.
|
30 September 1982 |
|
Appeal court substitutes murder conviction with culpable homicide and reduces sentence; further evidence refused.
Criminal law — murder v. culpable homicide — dolus eventualis; reception of further evidence on appeal — s 316(3)/s 22 procedure; admissibility and scope of psychiatric expert opinion on intention; trial fairness — allowing defence to call mitigation witnesses and address court before sentence; effect of inexperienced counsel on trial procedure
|
30 September 1982 |
|
A clear contractual condition that any legal action against the surety prevents payment discharged the maker's liability; appeal allowed.
Contract interpretation — promissory notes; covering letter condition — meaning of "any legal action"; ordinary grammatical meaning prevails; contextual limitation not established; implied term not pleaded; exceptio doli cannot alter express contractual term; restitution following wrongful provisional judgment.
|
29 September 1982 |
|
A time-limited prospecting grantee must prove likely prejudice during the grant term before restraining the landowner's improvements.
Mining and prospecting law – Exclusive prospecting grants (s.60) – Relationship between grant-holder and surface owner under Ordinance 20 of 1968. Statutory interpretation – s.18(1)(b) prohibition on prospecting on cultivated land; scope and timing of its operation. Real rights – Distinction between perpetual/common-law mineral rights and time-limited exclusive prospecting grants; requirement to prove prejudice during grant term. Civil procedure – Condonation for late filing of appeal record; costs.
|
29 September 1982 |
|
Negotiations over quantum and informal dealings did not constitute 'special circumstances' to avoid prescription.
Compulsory Motor Vehicle Insurance Act – prescription – s24(2)(a)(i) leave where claim prescribed before compliance with s25(1) – 'special circumstances' excludes neglect, omission or ignorance – negotiations about quantum and informal dealings do not constitute special circumstances – causal link required between special circumstances and failure to comply with s25(1)
|
29 September 1982 |
