|
Citation
|
Judgment date
|
| November 1983 |
|
|
Affidavit to Law Society accusing the applicant of fabricating a court notice was not privileged; malice established, damages awarded.
Defamation — publication to professional regulatory body — qualified privilege — malice vitiating privilege where respondent acted recklessly without reasonable enquiry — damages and costs (two counsel) awarded. |
30 November 1983 |
|
An architect who merely approves and signs another's design is not the "bona fide author" under regulation 6.5.
Architects – regulation 6.5 – meaning of "bona fide author"; whether signing plans prepared by another makes architect the author; statutory interpretation – English versus Afrikaans text; role of special exceptions (member of firm, reg 6.10); vagueness challenge to professional regulation. |
29 November 1983 |
|
Appellants' appeals against death sentences dismissed; trial court correctly found no mitigating circumstances.
Criminal law – Murder – Mitigating circumstances – Provocation, youth and lack of premeditation examined; credibility findings; appellate interference with trial fact-finding.
|
29 November 1983 |
|
Whether a hit-and-run at a marked pedestrian crossing established driver negligence on the balance of probabilities.
* Evidence — inference v. speculation — inference of negligence must be based on proved facts, not conjecture.* Motor-vehicle accidents — hit-and-run — proof of physical contact by unidentified vehicle and proof of driver’s negligence on balance of probabilities.* Pedestrian crossings — approach requires heightened care; proximity and nature of injuries may support inference of negligence but gaps in antecedent facts can preclude it.* Failure to stop — may be one of several explanations and does not automatically establish negligence. |
29 November 1983 |
|
Submission to a multi‑stage contractual dispute procedure qualifies as arbitration and delays prescription under section 13(1)(f).
Prescription Act s13(1)(f) — dispute subjected to arbitration — multi‑stage contractual dispute clause (engineer, mediator, arbitrator) constitutes arbitration for prescription purposes; submission to such procedure delays completion of prescription. |
29 November 1983 |
|
Whether resignation, alleged redundancy, or refusal to rehire excuses repayment of a scholarship loan.
Contract – scholarship/loan tied to compulsory service – interpretation of clauses B.1–B.5 – resignation versus rescission for breach – meaning of 'oortollig' (redundant) in service context – effect of employer's refusal to re-employ on repayment obligation. |
29 November 1983 |
|
Conviction for murder affirmed but death sentences set aside due to youth, intoxication and coercion; determinate prison terms imposed.
Criminal law – murder as party to common purpose – foresight of fatal consequence and active assistance established. Criminal law – intoxication and duress – rejection of total absence of intent but acceptance of influence as mitigation. Sentencing – youth (19 years), intoxication and coercion as cumulative mitigating circumstances – death sentence set aside and substituted by determinate terms. Appeal – conviction upheld but sentences varied downward to concurrent terms of imprisonment.
|
28 November 1983 |
|
Lawful detention making compliance with Police Act s32 impossible suspends the six‑month peremptory period; special plea dismissed.
Police Act s32(1) — peremptory six‑month notice and institution period — accrual of cause of action — assaults during detention accrue at time of assault — impossibility (lex non cogit ad impossibilia) suspends running of peremptory period while lawful detention prevents compliance — Prescription Act not applicable to s32(1) period. |
25 November 1983 |
|
|
25 November 1983 |
|
Identity proved beyond reasonable doubt despite suggestive identification procedures and absence of an identification parade.
Criminal law – identification evidence – brief/cursory visual observations; suggestive identification by confronting witnesses with handcuffed suspect without parade; corroboration by proximity of arrest, suspect’s appearance and conduct, and accused’s false testimony – identity established beyond reasonable doubt.
|
25 November 1983 |
|
Intoxication and provocation reduced culpability but did not negate responsibility; conviction and sentence upheld.
Criminal law – automatism – alleged sane automatism caused by intoxication – burden and sufficiency of proof. Criminal law – intoxication and provocation – diminished responsibility versus non‑responsibility. Evidence – weight of eyewitness behaviour before and after incident against defence expert opinion based on incomplete factual basis. Sentencing – appellate interference only where sentence is grossly inappropriate.
|
24 November 1983 |
|
|
24 November 1983 |
|
The court substituted lesser sentences for appellants in a murder case after reassessing evidence and mitigating factors.
Criminal law – murder – identification of accused in group attack – sufficiency of evidence for direct participation – application of doctrine of common purpose – sentencing – taking into account mitigating circumstances in imposing sentence. |
22 November 1983 |
|
Appellate court upheld murder conviction, finding trial judge properly rejected appellant's self‑defence plea on credibility grounds.
Criminal law – credibility assessment of eyewitnesses – contradictions and omissions in statements – when not fatal; self‑defence – improbability of accused's version; appellate review of trial judge's factual findings.
|
22 November 1983 |
|
A discretionary commutation of a dependant's pension is not recoverable "in consequence of" a member's death and thus not taxable gross income.
Income tax — Second Schedule para 3 — "lump sum benefit which becomes recoverable in consequence of or following upon the death of a member" — causation required; discretionary commutation by fund severs causal link — not gross income; not "remuneration" for Fourth Schedule withholding obligation. |
21 November 1983 |
|
Appellant failed to prove on a balance of probabilities which vehicle was on the wrong side; appeal dismissed.
Road traffic collision – credibility of eyewitnesses – post-accident movement of vehicles affecting point-of-impact evidence; conflict of evidence resolved on demeanour and probabilities; absolution from instance appropriate where plaintiff fails to prove which vehicle was on wrong side. |
21 November 1983 |
|
Police evidence of two linked journeys established accompaniment and triggered the s 10(1)(e) presumption of dealing; no condonation granted.
Criminal law – conviction for dealing in dagga – admissibility of evidence of prior outward journey as proof of concerted conduct – application of s 10(1)(e) presumption that accompanier dealt in illegal drugs – correction of trial record requires notice to presiding magistrate – condonation for late appeal refused where no reasonable prospects of success.
|
21 November 1983 |
|
Claims of self‑defence and intoxication were disbelieved; conviction and death sentence upheld.
Criminal law – Murder – Plea of private defence rejected on credibility – Mitigation: alleged prior incident and intoxication insufficient – Appeal against conviction and death sentence dismissed.
|
10 November 1983 |
|
An appellate court will not disturb a trial court’s finding of no extenuating circumstances absent misdirection or unreasonableness.
Criminal law – Murder – Intention to kill (dolus directus) – Deliberate opportunistic attack on a defenceless victim. Extenuating circumstances – Jealousy/relational passion – applicability of S v Meyer principle; factual distinction critical. Appellate review – discretionary factual findings and sentencing mitigation: interference only for misdirection, irregularity or unreasonable conclusions.
|
10 November 1983 |
|
Appeal dismissed: confession and identification accepted; intoxication did not mitigate culpability.
Criminal law – murder – conviction supported by extra‑judicial statement and corroborative witness evidence; identification by clothing and hairstyle admissible when credible. Criminal procedure – voluntariness of confession – statement held admissible and reliable. Sentencing – intoxication – voluntary intoxication did not negate subjective intention nor constitute sufficient mitigation. Appeal – appellate court will not disturb trial court findings unless no reasonable court could have reached same conclusion.
|
9 November 1983 |
|
Impulsive killing under dolus eventualis does not necessarily constitute extenuating circumstances; appeal against death sentence dismissed.
Criminal law – Murder – Sentence – Extenuating circumstances – Whether impulsive, non-premeditated act or dolus eventualis constitutes mitigation – Deliberate conduct and awareness negate extenuation.
|
5 November 1983 |
|
A procedural dismissal of a rescission application is not final unless the magistrate decided the merits.
Procedure — Magistrate’s dismissal of rescission application — Rule 49(2) affidavit requirements — dismissal not final if merits not considered — Rule 49(9) effect only when decision on merits; Condonation — consent under Rule 16(5) not invariably fatal; remittal to magistrate.
|
4 November 1983 |
