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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12 judgments

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12 judgments

Citation	Judgment date
April 2014
Dewnath v S (269/2013) [2014] ZASCA 57 (17 April 2014) The appellant’s isolated remark did not amount to active association sufficient for a common-purpose murder conviction. Criminal law – common purpose – active association and mens rea – participatory conduct must be proximate and significant to the execution of the crime; mere words or moral support insufficient to establish liability on common-purpose murder.	17 April 2014
National Director of Public Prosecutions and Others v Freedom Under Law (67/2014) [2014] ZASCA 58 (17 April 2014) Reported Decisions to discontinue prosecutions are reviewable under legality (not PAJA); police disciplinary reversals are reviewable under PAJA. Prosecutorial discretion – decisions to discontinue prosecutions – reviewable under principle of legality (not PAJA); Special DPP statutory duty to act "in consultation with" relevant DPP (concurrence required); police disciplinary terminations – administrative action reviewable under PAJA; separation of powers – courts may not issue mandatory orders compelling prosecutions or disciplinary action; locus standi – public-interest organisation permitted to seek review.	17 April 2014
Christelis N.O. and Others v Meyer N.O. and Others (916/2012) [2014] ZASCA 53 (16 April 2014) Claim in lex furtiva dismissed for failure to prove existence, identification and disposal of secretly held assets. Property law – lex furtiva/condictio furtiva and actio ad exhibendum – requirements for recovery: proof of existence, co-ownership, possession and disposal (or concealment) with knowledge or bad faith; Evidence – credibility and corroboration of sole witness; Civil procedure – separation of issues and need for identification/quantification of subject matter; Costs – sanctions for overlong record and non-compliance with practice directions.	16 April 2014
City of Cape Town v Arun Property Developments (Pty) Ltd (943/2012) [2014] ZASCA 56 (16 April 2014) Section 28 of LUPO vests public streets in the local authority without compensation and does not constitute expropriation. Land use planning – s 28 LUPO – ownership of public streets and public places vests in local authority on confirmation of subdivision without compensation where based on normal need or policy – s 28 not an expropriation power – aggrieved owners must seek appeal or review remedies – Helderberg majority interpretation binding.	16 April 2014
Litako and Others v S (584/2013) [2014] ZASCA 54 (16 April 2014) Reported An extra‑curial admission by one accused is not admissible against a co‑accused; convictions based solely on it must be set aside. Criminal evidence – hearsay (Law of Evidence Amendment Act 45 of 1988 s 3) – extra‑curial admissions/confessions of one accused are not admissible against co‑accused; s 3(2) preserves exclusions other than hearsay; protection of fair‑trial and cross‑examination rights; S v Ndhlovu reconsidered.	16 April 2014
Pithey v Road Accident Fund (319/2013) [2014] ZASCA 55 (16 April 2014) Reported A claim form must be read with supporting documents; contradictory form entries do not automatically invalidate an unidentified‑vehicle claim. Road Accident Fund — Claims process — s 17(1)(a) v s 17(1)(b) — statutory claim form to be read with accompanying affidavits and documents; substantial compliance sufficient where category of claim can be determined; Fund obliged to make minimal enquiries before repudiating — regulation 2(3) (two‑year rule) not automatically fatal where supporting documents disclose unidentified vehicle.	16 April 2014
Mkhize v S (16/2013) [2014] ZASCA 52 (14 April 2014) Appeal succeeded: murder conviction substituted with culpable homicide due to putative private defence excluding intention. Criminal law – Private defence and putative private defence – subjective belief excluding dolus – conversion of murder to culpable homicide. Evidence – Ballistics and gunpowder residue corroborating proximity and sequence of shots. Appellate review – material misdirection by trial court justifies overturning factual findings. Sentencing – suspended custodial sentence appropriate on mitigation where conviction reduced.	14 April 2014
Minister of Safety and Security v H (374/2013) [2014] ZASCA 51 (2 April 2014) Reported Where no evidence establishes foreseeability or causation, absolution from the instance for dependants’ loss of support is appropriate. Delict – dependants’ action for loss of support – necessity to prove fault, wrongfulness, foreseeability and causation – absolution from instance appropriate where no evidence led. Pleadings – limited admissions cannot be extended by inference to admit liability for different consequences (suicide) absent evidence. Onus – claimant must establish Aquilian elements on a balance of probabilities; conjectural inferences insufficient.	2 April 2014
Ellerine Brothers (Pty) Ltd v McCarthy Limited (245/2013) [2014] ZASCA 46 (1 April 2014) Reported A lessor may validly cancel a lease after winding‑up presentation if an enforceable contractual right to cancel exists at cancellation time. Insolvency law; s 348 Companies Act – retroactive commencement of winding‑up and concursus creditorum; uncompleted contracts – lease remains in force; lex commissoria – enforceability after presentation of winding‑up; s 37 Insolvency Act – liquidator’s election to continue or determine lease; cancellation valid if effective at time of exercise.	1 April 2014
Grancy Property Limited and Another v Seena Marena Investment (Pty) Ltd and Others (244/2013) [2014] ZASCA 50 (1 April 2014) Reported Applicant entitled to a court‑controlled two‑stage inquiry into adequacy and then accuracy of accounts; appeal upheld. Civil procedure — appealability of interlocutory orders: finality in effect; Accounting — right to a full and proper account; Procedure — court‑directed two‑stage debatement (adequacy first, then accuracy); Examination under oath of respondents; Remedies for non‑compliance and adverse inferences; Costs including costs of two counsel.	1 April 2014
Pistorius v S (253/2013) [2014] ZASCA 47 (1 April 2014) Reported Appellant’s convictions for assault and crimen injuria upheld: single-witness evidence and medical corroboration found sufficient. Criminal law — single-witness evidence — cautionary approach; Browne v Dunn — importance of confronting witnesses with contradictions; corroboration by medical evidence; assessment of inherent probabilities; crimen injuria — racial slur as impairment of dignity.	1 April 2014
T M v N M and Others (893/2012) [2014] ZASCA 49 (1 April 2014) Reported A civil marriage contracted while the man is a partner in a subsisting customary union is void. Family law – customary marriage – registration certificate as prima facie proof of customary marriage – may be impeached for fraud but not without countervailing evidence. Statutory construction – s 22(1) Black Administration Act and s 1 Marriage and Matrimonial Property Law Amendment Act – civil marriage contracted during subsistence of customary union is void. Civil procedure – appellate review; consequence of inadequate record preparation and illegible documents.	1 April 2014