Court : South Africa Supreme Court of Appeal
..... participated in the robbery and thus having been aware of the stolen goods in the trunk, would brazenly drive around with the vehicle a day after the robbery and, when stopped by the police, admit that he is the owner of the car ..... was argued by counsel for the state that it was highly improbable that mr tshabalala, assuming he was involved in the robbery, would lend his vehicle with all the incriminating stolen goods in the trunk to the appellants a day after the robbery. but it is in my view equally improbable, if not more so, that the first appellant, if he had ..... inference of guilt (see s v mtsweni 1985 (1) sa 590 (a) at 593h 594a). in skweyiya the appellant gave not one, but two false explanations for the presence of stolen goods in the trunk of the motor vehicle he was driving when he was stopped by the police. this court held that a false explanation is a relevant consideration, but is .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... his cellphone; on count 2, the theft of van der merwes cz pistol and watch; on count 3, the money taken from the walkerville atm; and count 4, the money stolen from the ennerdale atm. the trial court concluded that the last two counts in fact amounted to a single count of robbery involving the theft of money from nedbank and .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... it had formerly employed as a clerk whilst criminal proceedings on a charge of theft were still pending against him. the charge related to the money the respondent had allegedly stolen from the applicant. the respondent applied for a stay of the sequestration proceedings pending the finalisation of the criminal proceedings. he contended that any statement he made in the sequestration ..... (the school). the criminal proceedings against the respondent are still pending. [2] prior to the disposal of the criminal proceedings of the appellant, the law society of the cape of good hope, launched an application in the eastern cape high court for the removal of the respondents name from the roll of attorneys. the application is based on the same facts .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... not suffice to show the existence of ncds that were current at the time and have not subsequently been accounted for. [53] lastly there are the items stolen from the safety deposit boxes at mercantile bank and reflected in the two inventories prepared by mr livanos. in regard to them lef had during peters lifetime been ..... or concealment of the assets in question. [94] concerning his declaration that the list of assets or inventory reflects a true and accurate inventory of the goods contained in the box, he explained that that was with reference to what actually remained in the safety deposit boxes after alfred had removed some of the assets ..... was conducted at the premises of mercantile bank germiston in the presence of the above mentioned parties. the schedule hereby reflects a true and accurate inventory of the goods contained in the aforementioned box. [the document then set out in tabular form the items reflected in mr livanos note.] i louis frederick fourie (detective captain s .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... bank, and in the case of a debit card whether there are sufficient funds in the account, and also, in both cases, whether the card has been reported lost or stolen. if the relevant criteria are met then the instruction will be given effect to by debiting the account holders account, and the suppliers account will simultaneously be credited. a bank ..... often need to be guided by experts on the state of the art. [14] the claimed invention in this case relates to electronic forms of making payments to suppliers of goods or services from a bank account. at one time those would generally be effected by issuing cheques. the age of electronic communication has changed all that by eliminating the paper .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... with anothers property. thereby he incurs an obligation of the thief immediately to undo what he has done. whether the obligation of the thief immediately to restore what he has stolen is classified as part of the mora doctrine ... or as simply arising from the delict ... the thief is ... regarded as being in default ... and the obligation to ..... on the manual delivery system. it is difficult to conclude that he could have foreseen this specific loss. the loss arose, not directly from the use of the goods, but from the failure of italtile to collect the outstanding debt. as between the parties italtile was clearly better placed to recover the outstanding amount. it was the ..... close corporation to claims for breach of contract. whether it amounts to furtum usus is a different matter. there was no taking or withdrawal from italtile of the goods sold on credit: the stock was lawfully under mr chettys control. its sale by mr chetty could well have founded a complaint of another form of theft13 ( .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the golden egg taxi rank, mthatha, whilst in the possession of his employee, was seized by members of the south african police service, who suspected it to have been stolen. convinced that the police had no lawful basis to seize the motor vehicle in the first place,ngqukumba applied to the high court for an order, inter alia, declaring the ..... her former position before competing claims to title or to possession are considered and that in consequence lawful title to possession is not a requirement for sucess. the rule that goods dispossessed against the will of the possessor must be restored forthwith, however, is not an absolute one. a legally admissible defence that might be raised against an application for ..... court in marvanic.6there the appellants had sought the return of two motor vehicles that had been seized by the police on the ground that they had been stolen. the appellants case was founded on s 31(1)(a) of the cpa following the withdrawal of the charges of fraud and possession of .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... adequate remedies in the event of a debtors insolvency. and he thus held that the law would be deficient if it did not provide a remedy for recovery of stolen money direct from the bank in those circumstances.21there were accordingly different considerations for affording a remedy to the creditor against the bank in that case, as there was ..... absa bank v lombard insurance company ltd:15 the bank had no duty to account to its customer. nor did the customer have a contractual or other right to the stolen funds. the bank, by remaining in possession of the funds without any corresponding liability to account to its customer, was enriched and liable to make restitution to the owner ..... an amount received, the bank must pay the money to the customer on demand, even where the money was received through fraud or theft.13and, he continued: if stolen money is paid into a bank account to the credit of a thief, the thief has as little entitlement to the credit representing the money so paid into the bank .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... telephone. as they were leaving his house, the appellant sent the complainant back to close the security gate, because the appellant feared that his firearm inside the house would be stolen. they were unable to reach her mother on the telephone and the appellant gave a five rand coin to the child, which she believed was to buy her silence about ..... as ever, it is, i think, correct to say that the retributive aspect has tended to yield ground to the aspects of prevention and correction. that is no doubt a good thing. but the element of retribution, historically important, is by no means absent from the modern approach. it is not wrong that the natural indignation of interested persons and of .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... an effort to hide the vehicles identity. he said that cars were frequently burgled at the nightclub premises and that he removed the aerial only to prevent it from being stolen as it was merely screwed on the vehicle and would be easy to steal. [69] more importantly, he told f that he was a detective, albeit a private one. he ..... when not on duty. indeed, i think that the consequences of such a finding would be far-reaching indeed. its effect would be to make the state a guarantor of good behavior on the part of police officers at all times by virtue alone of their appointment. without a duty to protect ms f against harm and thus personal liability for ..... role in her decision but i do not think it can be inferred from her evidence that ms f would not otherwise have done so. he had already given her good reason to believe that being a policeman was by itself no guarantee that he was to be trusted. she was stranded in the dark well after midnight, with no other .....
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