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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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4 judgments
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January 1983
James v Mendelowitz (423/82) [1983] ZASCA 3 (31 January 1983)
An attorney who diverts and cedes minors’ trust funds for personal debt breaches fiduciary duty and is guilty of theft.
Criminal law – Theft by a legal practitioner – misappropriation of clients’/minors’ trust funds; Fiduciary duties of attorneys; Withdrawal and cession of trust investments as security for personal loan; Credibility of guardian/curator consent; Sentencing where professional trust breached.
 31 January 1983
S v Nxumalo (376 of 1982) [1983] ZASCA 4 (31 January 1983)
Court upheld eyewitness identification amid chaos, convicting accused No.1 of two robberies and imposing imprisonment plus corporal punishment.
Criminal law – robbery on train; identification evidence and its reliability in chaotic conditions; corroboration by pursuing civilian and police; rejection of accused’s self-serving testimony; sentencing — aggravating factors (weapon, group offence, prior conviction) and imposition of imprisonment plus lyfstraf.
 31 January 1983
S v Khumalo (340/1982) [1983] ZASCA 2 (3 January 1983)
Common purpose and dolus eventualis proven; appeal against murder conviction and lack of mitigation dismissed.

Criminal law – common purpose – participation in violent offence – dolus eventualis (subjective foresight of possible death) – sufficiency of confession and eyewitness evidence – rejection of alibi – mitigation not established.

 3 January 1983
S v Mbutyu and Others (502 of 1982) [1983] ZASCA 1 (3 January 1983)
Court convicted three accused of murder for brutally hacking the deceased; acquitted one for lack of identification; death sentences imposed.
Criminal law – murder – conviction based on eyewitness evidence – credibility and identification issues. Self‑defence – accuseds’ version rejected as improbable. Intention to kill – multiple severe wounds as evidence of dolus directus. Acquittal for lack of positive identification. Sentencing – examination of extenuating circumstances and leave to appeal on sentence granted.
 3 January 1983