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Citation
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Judgment date
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| May 1983 |
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A right-turning driver may reasonably assume a following vehicle abandoned overtaking after seeing signals and a solid white line.
Road traffic — Right-hand turn — Duty to ensure safe to turn by full and careful observation — Reasonable assumption that following vehicle abandoned overtaking after seeing signals and solid white line — Reversal of negligence finding.
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30 May 1983 |
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Whether applicant proved statutory pre-action notice was received; appeal dismissed for failure to discharge the onus.
Limitation of Legal Proceedings Act s2(1)(a) — statutory pre-action notice — proof of service/receipt — onus on claimant — assessment of conflicting credible witness testimony — appellate deference to trial court credibility findings
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30 May 1983 |
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Seller’s liability on warranty against eviction requires proof each intermediate link would have had no defence; applicant failed to prove this.
Sale of goods – implied (ex lege) warranty against eviction – seller’s liability only to immediate purchaser – proof required in chain of successive sales that each intermediate purchaser/seller would have had no defence and would have claimed repayment – onus to prove intermediary conduct and defences – threat leading to payment not sufficient absent proof of incontestable claims upstream
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30 May 1983 |
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30 May 1983 |
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Paid annual leave and successive one‑year attested contracts did not defeat a ten‑year uninterrupted service under s10(1)(b).
s10(1)(b) Act 25 of 1945 – continuity of work for one employer over requisite period – formal contract vs substantive uninterrupted activity Successive one‑year attested contracts and paid annual leave – short absences do not necessarily break statutory continuity Bantu labour regulations (reg 13(1)(d)) – attestation regime does not automatically invalidate understood continuation of employment Administrative law – complexity of regulations warrants careful drafting
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30 May 1983 |
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Whether the respondent’s minor son was contributorily negligent when struck by an overtaking vehicle.
Motor law – negligence – overtaking manoeuvre – driver’s duty to ensure safe overtaking and to use dipped headlights; Contributory negligence – pedestrian obligations – foreseeability and reasonable precautions; Standard of care: reasonably prudent person test as to foreseeability of harm.
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30 May 1983 |
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30 May 1983 |
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Remittal orders are appealable; remittal unjustified when the respondent deliberately fails to cure evidentiary defects.
Criminal procedure – appealability – order remitting criminal matter by a provincial division to magistrate for further evidence is a "decision" under s 21(1) and appealable; Remittal for further evidence – sparing exercise – permitted only where omitted evidence is formal/technical, omission is inadvertent, remedyable without delay and satisfactory explanation exists; Evidentiary formalities – defective affidavit failing to prove certification of measuring bar fatal to State’s case; Prosecutorial conduct – deliberate failure to re-open case precludes remittal
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30 May 1983 |
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Board has jurisdiction to attach quotas after mill closure and must afford affected parties a hearing before deciding accommodation.
Administrative law – statutory agreement governing industry – Board’s jurisdiction to re-attach quotas on mill closure – accommodation decisions constitute alterations of allocations under clause 32(1)(b) – clause 32(6) requires opportunity to be heard – audi alteram partem applies; emergency circumstances do not automatically displace hearing requirement
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30 May 1983 |
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Trial court’s rejection of accuseds’ versions and finding of no extenuating circumstances upheld; death sentences confirmed.
* Criminal law – Murder – Circumstantial and forensic evidence supporting strangulation by ligature – inference of direct intent to kill to prevent identification. Criminal law – Extenuating circumstances – appellate review limited; trial court’s value judgment respected unless misdirection or irrationality shown. Evidence – credibility findings where accuseds’ accounts rejected as fabricated. Sentencing – mandatory death sentence upheld where no extenuating circumstances proved
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30 May 1983 |
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Whether dolus eventualis exists where death results from an apparently accidental discharge during a resisted armed robbery.
Criminal law – dolus eventualis – subjective foresight of possible death in armed robbery – whether foresight must extend to the specific causal chain – murder v. culpable homicide – joint enterprise and attribution of foresight.
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30 May 1983 |
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Appellate court upheld death sentences, finding sentencing discretion properly exercised in violent, premeditated home invasion of elderly victim.
Criminal law – Sentencing – Exercise of sentencing discretion – When appellate interference is warranted; Criminal law – Capital sentence – Whether death penalty disproportionate in violent, premeditated home invasion involving serious injury to a vulnerable elderly victim; Sentencing – Rehabilitation is a relevant but not determinative consideration.
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30 May 1983 |
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The applicants' appeals against findings of no mitigating circumstances in murder convictions were dismissed.
Criminal law – Murder – Mitigating circumstances – Assessment of moral blameworthiness of a socius/accomplice – Duress/compulsion as defence – Appellate review of trial court credibility findings.
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30 May 1983 |
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Appellant’s intoxication and sudden confrontation found extenuating; conviction amended and sentence reduced to eight years.
Criminal law – Murder – Extenuating circumstances – Absence of premeditation, limited intoxication and sudden confrontation may reduce moral blameworthiness – Sentence reduction.
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30 May 1983 |
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Appellant failed to prove mitigating provocation; trial court’s rejection of his mitigation account was upheld and appeal dismissed.
Criminal law – Murder – Multiple stab wounds including cardiac penetration – Assessment of whether mitigating circumstances (provocation/heat of passion) proven. Credibility – Trial court entitled to reject inconsistent testimony unsupported by physical evidence or corroboration. Burden of proof – Accused must establish facts amounting to mitigation; speculative assertions insufficient.
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30 May 1983 |
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Appellate court upheld death sentence for rape (appellant no.1), imposed separate robbery term, and dismissed appellant no.2's appeal.
Criminal law – rape and sodomy of elderly victim – medical evidence corroborating sexual assault and bodily injuries. Sentencing – discretion to impose death penalty for rape – standards for exercising discretion and concept of "extreme case". Sentencing practice – desirability of separate sentences where offences attract different maximum penalties. Mitigation – intoxication, youth and possible rehabilitability insufficient to disturb discretionary death sentence when aggravating features prevail.
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30 May 1983 |
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Employer owned original engineering drawings; copies used to produce three‑dimensional bins infringed that copyright.
Copyright — artistic works — technical/engineering drawings — originality requires skill, labour and judgment; employee‑made drawings — ownership vests in employer; "reproduction" includes conversion into three‑dimensional form; infringement requires objective similarity of a substantial part plus causal connection; amendment to pleadings allowed to rely on copies where copies were the causal link in defendant’s possession.
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30 May 1983 |
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A proclamation altering a restrictive title condition and amending the town‑planning scheme constitutes the Administrator's written approval permitting the new use.
Statutory powers – Removal of Restrictions Act 84 of 1967 – Proclamation altering restrictive title condition and amending town‑planning scheme – Construction of proclamation to give effect to its object. Town planning – Amendment of scheme annexed to proclamation constitutes written approval by Administrator releasing restrictive title condition. Interpretation – Ut res magis valeat quam pereat applied to avoid frustrating statutory proclamation.
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30 May 1983 |
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Failure to disclose prior inconsistent statements by State witnesses was an irregularity warranting setting aside convictions.
Criminal procedure – Prosecutorial duty of disclosure – Prior inconsistent statements of State witnesses – "Serious discrepancy" defined as one which could affect credibility on cross-examination – Failure to disclose such statements is an irregularity under s317 – Where omission causes inability to test key witnesses, conviction may be set aside – Remittal or retrial discretionary and sparingly ordered.
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30 May 1983 |
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The applicant was struck off for issuing a fraudulent guarantee letter and breaching professional duties.
* Advocates — professional misconduct — knowingly issuing false written assurance of holding client funds — fraudulently inducing reliance.* Breach of Professional Regulations (Rule 4.19.1) — practising while engaged in conflicting commercial activity.* Disciplinary sanctions — striking off v suspension — appellate review limited to misdirection, irregularity or unreasonableness
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27 May 1983 |
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Owner held vicariously liable for herdsman’s negligent control of cattle causing collision; adverse inference for failing to call herdsman.
Delict – liability for animals on road – owner vicariously liable for herdsman’s negligence; Evidence – circumstantial proof and identification; adverse inference where owner fails to call available employee; duty to control animals and warn road users; credibility and conduct at scene relevant to ownership.
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27 May 1983 |
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Appeals dismissed: alleged witchcraft, intoxication and duress did not mitigate deliberate, planned murder.
Criminal law – Murder – Sentence appeal – Extenuating circumstances – Alleged witchcraft belief and intoxication – Duress – Test for intoxication: influence on moral blameworthiness; trial court findings of deliberate, planned killing upheld.
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27 May 1983 |
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Court refused condonation and leave to appeal in forma pauperis due to procedural negligence and faint prospects of success.
Civil procedure – condonation for late filing – A.D. Rules – A.D. Rule 5(4)bis(b) deeming appeal withdrawn if record not filed and Registrar not notified – discretion to condone guided by Melane factors – attorney’s gross negligence weighs against condonation; prospects of success must be substantial. Evidence – evaluation of credibility of eyewitness and police statement; appellate court will not lightly disturb trial judge’s factual findings.
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26 May 1983 |
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Appellate court upholds convictions for murder and multiple assaults; no extenuating circumstances found; appeal dismissed.
Criminal law – murder and multiple assaults – credibility of witnesses and circumstantial evidence where no eyewitness to killing – self-defence/mitigation not established – appeal dismissed.
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26 May 1983 |
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A statutory s81 claim prescribed in three years; a police statement by the respondent did not interrupt prescription.
Prescription — debt under s 81 Bills of Exchange Act is statutory, not arising from bill of exchange — three-year prescription period applies; Prescription Act s 14(1) — interruption requires express or tacit acknowledgement of legal liability to creditor or creditor's agent; statements to police not necessarily an acknowledgement nor communication to creditor/agent.
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25 May 1983 |
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Incorporation was not caught by s103, but the company’s interest‑free directors’ loans were taxable under s103.
Income Tax Act s 103 — application to transactions or schemes — normality/abnormality test — incorporation of professional partnership v. loans to director/shareholders; s 103(4)(a) presumption that postponement/avoidance is a main purpose and onus to rebut; s 79 power to re-open assessments — proviso (iii) and s 3(2) not a bar to re-opening where Commissioner applies s 103 to directors' loans; avoidance/postponement of tax can arise by advancing remuneration as unsecured interest-free loans
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24 May 1983 |
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Police’ forceful arrest and its effect on the appellant’s state of mind amounted to mitigating circumstances, death penalty replaced by imprisonment.
Criminal law – Murder – Mitigating circumstances – Effect of police conduct and humiliation during arrest on accused’s state of mind – Cumulative impact including immediate struggle and alcohol – Appellate interference where trial court mistook facts – Substitution of sentence for death penalty.
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24 May 1983 |
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Intoxication, provocation and limited education did not constitute extenuating circumstances for a deliberate child killing.
Criminal law – Murder – Extenuating circumstances – Provocation and intoxication – Credibility findings – Limited education and milieu not necessarily extenuating; deliberate killing of a child establishes intention; appellate court will not interfere absent misdirection.
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24 May 1983 |
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Appellate court upheld rape convictions, finding the complainant credible despite peripheral inconsistencies and minor misdirection.
Criminal law — Rape — Appeal against conviction — Assessment of credibility and demeanour of complainant and accused; corroboration by police and route-identification evidence; medical evidence consistent but not decisive; alleged prior dagga use and expert evidence of complainant's sexual orientation considered but insufficient to vitiate verdict
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19 May 1983 |
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19 May 1983 |
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The appellant’s intoxication and the deceased’s intervention did not constitute extenuating circumstances; appeal against death sentence dismissed.
Criminal law – Murder – Extenuating circumstances – Intoxication and victim's intervention considered but insufficient to reduce moral blameworthiness. Criminal procedure – Summary trial – Duty under s 145(2) to summon assessors where death sentence may be imposed; presiding judge's subjective view at outset important. Prosecution obligations – Need to give timely notice when case merits assessors due to potential imposition of death sentence.
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19 May 1983 |
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Death sentence for rape set aside as disproportionate; substituted by 15 years’ imprisonment.
Criminal law – Sentencing – Rape – Death sentence competent but reserved for extreme cases; appellate interference only where no reasonable court would have imposed death; relevant aggravating and mitigating factors include premeditation, severity and permanency of injury, offender’s personal circumstances and prospects of rehabilitation.
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19 May 1983 |
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An implied admission plus circumstantial evidence and failure to testify upheld a murder conviction; no extenuating circumstances found.
Criminal law – Murder – reliance on circumstantial evidence and admissions; credibility assessments of interested witnesses. Criminal law – Confession/admission – implied admission to third party as evidence of guilt. Evidence – evaluation of witness credibility and the proper caution where witness has motive to implicate accused. Criminal procedure – accused’s failure to testify and weight to be accorded to unexplained incriminating statements. Sentencing – extenuating circumstances – planned killing of an innocent person does not reduce moral blameworthiness.
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19 May 1983 |
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11 May 1983 |
