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Citation
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Judgment date
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| November 1983 |
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Accused’s self-defence rejected; State proved murder and attempted murder, though provocation found mitigating for sentence.
Criminal law – murder and attempted murder – credibility assessment where accused pleads self-defence – role of corroborative witnesses and forensic evidence; provocation as mitigating circumstance for sentence.
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11 November 1983 |
| October 1983 |
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Accused acting as lookout, firing shots and sharing common purpose convicted of murder, aggravated robbery and attempted murder; death sentence imposed.
Criminal law – armed robbery with aggravating circumstances – liability of a person acting as lookout for lethal consequences under common purpose and dolus eventualis. Evidence – reliability of prior-knowledge eyewitness identification; corroboration by confession and ballistic/circumstantial evidence. Sentencing – assessment of mitigating factors (intoxication, minor role, poverty, low education) and refusal to treat dolus eventualis as mitigating. Leave to appeal – no reasonable prospect of different conclusion on mitigation.
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28 October 1983 |
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Leave to appeal refused where trial court's credibility and factual findings were well-reasoned and sentence was within judicial discretion.
Criminal procedure – credibility and demeanour – assessment of intoxicated witness and delay – appellate prospects on factual findings – leave to appeal refused; sentencing – discretion exercised and not reasonably appealable.
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24 October 1983 |
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Application to lead further evidence and for leave to appeal refused; statutory criteria and psychiatric evidence found insufficient.
Criminal procedure – s 316(3) further evidence – requirements for receiving post-conviction evidence; leave to appeal conviction and death sentence; psychiatric evidence and diminished responsibility; allegations about legal representation and effect on mitigation evidence.
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18 October 1983 |
| September 1983 |
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Accused convicted of intentional murder on strong ballistic and eyewitness evidence; no mitigation found, death sentence imposed.
Criminal law – Murder – Intentional close-range shooting causing fatal cardiac tamponade – Ballistic linkage of recovered firearm to scene cartridge cases. Evidence – Credibility assessments – accused’s evasive, inconsistent testimony rejected; police and forensic witnesses accepted. Sentence – No mitigating circumstances found; death penalty imposed where law mandates in absence of mitigation.
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12 September 1983 |
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Confession to a magistrate under section 217 was admissible; funeral‑induced confessions were involuntary and excluded; accused convicted and sentenced to eight years.
Criminal law — Confession evidence — Voluntariness — Onus on State to prove confession free and voluntary; extrajudicial confessions induced by violence or threats are inadmissible. Criminal procedure — Section 217 Act 51 of 1977 — Written confession made to or confirmed in presence of a magistrate with interpreter certificate admissible and presumed free unless contrary proved. Evidence — Weight and corroboration — admissible confession to magistrate and post‑mortem findings sufficient to convict. Sentencing — Extenuating circumstances (no premeditation, age disparity) considered but brutality warranted custodial sentence.
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1 September 1983 |
| August 1983 |
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Court rejected an inconsistent alibi, accepted single-witness identification, convicted for rape and assault; robbery charges failed.
Criminal law – alibi – assessment of inconsistencies and uncalled witnesses – adverse inference from defence failing to call alibi witness. Criminal procedure – single-witness identification – evaluation of opportunity to observe, lighting, demeanour and identity parade reaction. Criminal law – robbery – unwilling surrender of property distinguished from theft/robbery by force. Criminal law – common purpose – joint liability for assault in coordinated group attack.
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30 August 1983 |
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Whether identification and Section 119 admissions sustain convictions and death sentence for aggravated robbery.
Criminal law – Robbery with aggravating circumstances – identification evidence and identification parade procedure – credibility of eyewitnesses and corroborative physical/medical evidence. Criminal procedure – Section 119 pleas – admissibility of Magistrate’s Court statements; voluntariness and trial within a trial. Criminal liability – Common purpose and foreseeability – liability of co‑accused for attempted murder. Firearms and ammunition – proof of possession and necessity of evidence that weapon was loaded for ammunition conviction. Sentencing – death sentence for particularly serious aggravated robbery; leave to appeal refused.
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29 August 1983 |
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Application for leave to appeal contended identification, police testimony and firearm possession might render conviction unsafe; no order recorded.
Criminal procedure – application for leave to appeal under s316(1) – safety of conviction – identification evidence and photographic line-up – credibility of police witnesses – probative value of possession of firearm – appellate prospects test (reasonable chance of different finding).
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26 August 1983 |
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Application for leave to appeal against murder conviction dismissed for lack of reasonable prospect of success.
Criminal law — leave to appeal — test: whether there is a reasonable possibility another court would reach a different finding. Evidence — credibility of accused as witness — trial court's assessment afforded weight. Evidentiary weight of photographic exhibit — insufficient to disturb conviction.
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26 August 1983 |
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Accused convicted of murder with extenuating circumstances and sentenced to ten years' imprisonment despite the crime's brutality.
Criminal law – murder – plea of guilty with extenuating circumstances – sentencing factors: personal circumstances, nature of crime, community interest – intoxication and absence of previous convictions as mitigation – brutal multiple-stabbing killing – sentence of ten years' imprisonment where death would otherwise have been warranted.
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15 August 1983 |
| July 1983 |
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Leave to appeal refused where trial credibility findings on negligence, based on primary facts, lacked reasonable prospect of being overturned.
• Civil procedure – leave to appeal – where trial judgment rests on credibility of primary witnesses, appellate interference inappropriate absent misdirection; • Evidence – credibility assessments – departure from pleaded case undermines witness credibility; • Contract law – inference from evidence – appellate court may draw inferences but cannot overturn credible primary findings without clear misdirection.
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18 July 1983 |
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Court apportioned costs across multiple interlocutory applications: applicant awarded interim-interdict costs, respondent penalised for abandoning major contentions; leave to appeal granted.
Costs — interlocutory proceedings — partial success — abandonment/withdrawal of major contentions may justify adverse costs order; Interim interdict — requisites established entitle applicant to costs of interim application; Contempt/second interdict — failure to prove canvassing or wilful disobedience defeats applicant’s claim for costs; Specific cost allocation and taxation on two counsel.
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7 July 1983 |
| June 1983 |
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Contractor breached pool-repair contract; plaintiff awarded damages and defendant may recover the supplied sand filter.
Contract — repair work — pool maintenance contract to make cracks watertight for a reasonable period — contractor’s withdrawal and failure to complete — breach and measure of damages (10% of replacement cost) — credibility of witnesses; return of supplied equipment (sand filter).
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29 June 1983 |
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Eyewitness and post‑mortem evidence accepted; accused’s self‑defence and intoxication rejected, convicted of murder and sentenced to death.
Criminal law – Murder – Credibility of eyewitnesses and consistency with post‑mortem findings – Self‑defence and intoxication raised but rejected – No extenuating circumstances – Death sentence – Leave to appeal dismissed.
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7 June 1983 |
| May 1983 |
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Medical and witness corroboration established penetration and supported convictions; leave to appeal was refused.
Criminal law – Rape – Penetration – Medical evidence of swollen genitalia and vulvar penetration up to hymen supports finding of sexual assault. Evidentiary corroboration – Child's testimony corroborated by independent witnesses observing wide gait/soiled underwear. Credibility – Accused's inconsistent/false testimony justifies rejection. Escape from custody – admission of conduct establishes offence. Leave to appeal – refused where no reasonable prospects of success.
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24 May 1983 |
| November 1982 |
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Confessions were found admissible, and the accused convicted for conspiracy and murder following the arranged killing of the deceased.
Criminal law – murder – confession – admissibility – voluntariness of confession – conspiracy to commit murder – requirements of section 18(2)(a) of Act 17 of 1956 – common purpose – extenuating circumstances in sentencing. |
22 November 1982 |
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The court convicted the accused of murder with extenuating circumstances, citing provocation during an emotionally charged altercation.
Criminal law – Murder – Credibility of eyewitness – Intention – Accused’s version rejected – Extenuating circumstances – Provocation and emotional disturbance considered in sentencing. |
10 November 1982 |
| July 1982 |
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Whether the accused had the requisite intent for murder or attempted murder when firing at an unmarked pursuing car.
Criminal law — identity and corroboration — use of objective facts (same stolen vehicle) to corroborate identification; Robbery — attempted robbery with aggravating circumstances where accused wielded a knife; Murder and attempted murder — requirement of knowledge of pursuer’s identity and dolus eventualis; Complicity — individual assessment of acts and state of mind required for accomplice liability; Unlawful possession of firearm — presumption of possession rebutted where actual possession proved to be that of one accused.
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14 July 1982 |
| October 1981 |
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Interim interdict granted restraining respondent from allowing third parties to sell, solicit or place bus advertising contrary to the agreement.
Interim interdict – restraint against permitting third parties to sell or place advertising on buses – enforcement and preservation of rights under existing agreement – moratorium/postponement provisions – disclosure and accounting obligations – costs reserved to trial court.
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6 October 1981 |
| July 1958 |
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Accused convicted of rape and robbery on fingerprint and possession evidence; acquitted on related count and sentenced to death.
Criminal law — Rape and robbery — Fingerprint identification on bedroom furniture — Possession of stolen property — Credibility of complainant and accomplice — Acquittal on related housebreaking and attempted murder count — Death sentence imposed.
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12 July 1958 |
| May 1956 |
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22 May 1956 |
| March 1956 |
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Accused convicted of murder for conspiring with accomplices; accomplice evidence corroborated by children's and circumstantial evidence; sentenced to ten years.
Criminal law – Murder – Conspiracy to kill – Accomplice evidence and need for caution – Corroboration by circumstantial and child‑witness evidence – Rejection of fabricated alibi – Domestic abuse as mitigating circumstance.
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9 March 1956 |
| December 1955 |
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Accomplice testimony and admissions established joint participation in murder; no extenuating circumstances, death sentence imposed.
Criminal law – Murder – Joint enterprise/party liability – Accomplice evidence and confessions to a magistrate – Credibility assessment – Identification of perpetrator unnecessary where all knowingly participated – No extenuating circumstances – Death sentence imposed.
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6 December 1955 |
| June 1955 |
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Whether the accused’s sham joint‑venture, cheque manoeuvres and allotments constituted falsitas, Companies Act breaches and theft.
* Company law – allotment of shares – irregular allotment and section 81/82 liability – director who knowingly permits irregular allotment is criminally liable; Fraud/falsitas – sham joint‑venture and false pretences to procure allotment of shares; Criminal law – theft of company funds obtained by dishonest inducement; Prospectus/underwriting – representations as to future conduct generally not actionable as falsitas unless shown false at the time; Adverse inference from accused’s failure to give evidence where direct incriminating evidence exists. |
2 June 1955 |
| August 1953 |
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Leave to appeal granted where robbery conviction depended on doubtful joint-enterprise and possibly fortuitous presence.
Criminal law – Robbery – Conviction based on joint enterprise – Whether presence and earlier threatening of another person establishes concerted participation – Fortuitous encounter may vitiate inference of concert – Leave to appeal granted where reasonable prospect of differing conclusion.
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13 August 1953 |
| May 1952 |
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Circumstantial evidence and an alleged hospital admission supported conviction for culpable homicide despite the accused's denials.
Criminal law – culpable homicide – circumstantial evidence – witness credibility – hospital admission – weapon discovery by child – medical evidence on weapon.
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13 May 1952 |
| September 1951 |
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Accused convicted of raping a native woman; court accepted complainant and medical evidence and rejected accused's story.
Criminal law – Rape – Credibility of complainant and companion – Medical evidence corroboration – Identification by vehicle number – Effect of accused's physical disability on culpability and credibility.
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14 September 1951 |
| December 1914 |
|
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Reported
Pledge.-Boolf debts.-Construction of bonds.-Knowledge of prior pledge.---Cession.-Delivery. |
28 December 1914 |
|
Reported
lnsolvency.-Provisional Trustee.-Sec. 163 of law 13 of 1895 |
1 December 1914 |
| November 1914 |
|
|
Reported
Practice.-Pauper suit.-Assets recently in possession.-Onus of proof as to means |
26 November 1914 |
|
Reported
Intoancating liquors. - Renewa.l of licence refused. -Fresh
evidence.-Power to 1·ehear by licensing court.-Jurisdiction.
-Ordinance 32 of l902.-Proclamation 14 of 1902, secs. 18
and 27. |
26 November 1914 |
|
Reported
Trust.-Power to administer, alienate and dispose of trust property and to apply income for maintenance.-Power to mortgage Income.-Power to add unexpended income tocapital.-Construction.-No power to ,mortgage corpus.-Temporary and permanent addition to capital. |
20 November 1914 |
|
Reported
lnsolvency.-Voluntary surrender.-Law 13 of 1895, sec. 3.Schedules.-Computation of time. |
17 November 1914 |
|
Reported
Insolrency.-Proof of debt.--Cause of debt.-Description.-Bond in favour of third person.-Preference. |
10 November 1914 |
|
Reported
Jurisdiction.-Witwatersrand Local Division.-Antenuptial
contract.-Registration.--Common law. |
5 November 1914 |
|
Reported
Ultra vires.-Stock Exchange.-Committee.-Control of business.Alteration of completed bargains. |
5 November 1914 |
|
Reported
Husband and wife.-Restitution of conjugal rights.-Plaintiff
outside jurisdiction.-Funds to come within jurisdiction. |
5 November 1914 |
| October 1914 |
|
|
Reported
Practfre.-Pauper suit.-Peregrini.-Rule 86.-Security for costs. |
29 October 1914 |
|
Reported
lnsurance.-Fire-policy.--Premature termination of prior
policy .-Material non-disclosure. |
27 October 1914 |
|
Reported
Trust.-Failure of objects.-Addition to objects.-Cy pres
doctrine. |
22 October 1914 |
| September 1914 |
|
|
Reported
Insolvency.-T/olunta1·y sunende1·.-Law 13 of 1895, sec: 3.-Notices in local paper.--Twenty-one days.-Creditors represented. |
24 September 1914 |
|
Reported
Husband and wife.-Alimony.-Nature of.-Not capable of
compensation. |
14 September 1914 |
| August 1914 |
|
|
Reported
Contract. - Illegality. - Promissory notes. -Recovery. Englisk exceptions to general Rule.-Less guilty party.-Contract not evecuted. |
25 August 1914 |
|
Reported
lnsolvency.-Law 13 of 1895, sec. 59.-Trustee.-Locus standi. |
12 August 1914 |
| July 1914 |
|
|
Reported
Married woman.-Public trader.-Immovable property;Leave
to alienate. |
28 July 1914 |
|
Reported
Practice.-Security for claim in reconvention.-Application.-,Promptness .-Waiver. |
28 July 1914 |
|
Reported
lnsol'vency.-Bonded property.--Duty of Trustee.-Law 13 of 1895, sec. 62.-Removal of Trustee.-Grounds for.-Law 13 of 1895, sec. 77.-Commission under sec l63 -Mandamus on Trustee .-Costs. |
14 July 1914 |
| June 1914 |
|
|
Reported
Husband and Wife.-Agreement at time of Marriage.-Not to liveout of England.-Contra bonos mores. |
15 June 1914 |
|
Reported
Defamation.-Slander.-ln R.M. Court.-By attorney.-Extent of Counsel's privilege . |
12 June 1914 |