Barclays Zimbabwe Nominees (Pvt) Ltd. v Black (2438/88) [1990] ZASCA 92; 1990 (4) SA 720 (AD); [1990] 2 All SA 576 (A) (14 September 1990)

Barclays Zimbabwe Nominees (Pvt) Ltd. v Black (2438/88) [1990] ZASCA 92; 1990 (4) SA 720 (AD); [1990] 2 All SA 576 (A) (14 September 1990)

The court held that the context and language of section 7(1)(a) of the Criminal Procedure Act make it clear that only natural persons may institute private prosecutions. The section refers to injury 'individually suffered', uses pronouns such as 'he', and the Afrikaans version reinforces this interpretation. The broader context of the Act, including related provisions and the distinction between 'body' and 'person', supports the conclusion that companies are excluded. The definition of 'person' in the Interpretation Act does not apply where the context requires otherwise, and the object of the statute is to provide a remedy for natural persons who have suffered personal injury, not for...

Citation
[1990] ZASCA 92
Parties
Appellant: Barclays Zimbabwe Nominees (Private) Limited; Respondent: Charles Jonathan Black
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
14 September 1990
Case Number
2438/88
Procedural Posture
Criminal Appeal / Appeal From Witwatersrand Local Division; Question of Title to Prosecute
Outcome
Appeal dismissed with costs.
Judges
Botha, Milne, F H Grosskopf, Friedman, Nienaber
Legal Topics
Private Prosecution, Interpretation of Statutes, Criminal Procedure Act, Standing to Prosecute
Criminal Law Civil Procedure Private Prosecution Interpretation of Statutes Criminal Procedure Act Standing to Prosecute

Case Brief

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Parties

Barclays Zimbabwe Nominees (Private) Limited

Appellant

Charles Jonathan Black

Respondent

Procedural Posture

Criminal Appeal / Appeal From Witwatersrand Local Division; Question of Title to Prosecute

Legal Issues

  1. 1 Whether a company is entitled to bring a private prosecution under section 7(1)(a) of the Criminal Procedure Act.
  2. 2 Whether the term 'private person' in section 7(1)(a) includes artificial persons such as companies.
  3. 3 Whether the context and object of the Criminal Procedure Act permit companies to institute private prosecutions.

Ratio Decidendi

The court held that the context and language of section 7(1)(a) of the Criminal Procedure Act make it clear that only natural persons may institute private prosecutions. The section refers to injury 'individually suffered', uses pronouns such as 'he', and the Afrikaans version reinforces this interpretation. The broader context of the Act, including related provisions and the distinction between 'body' and 'person', supports the conclusion that companies are excluded. The definition of 'person' in the Interpretation Act does not apply where the context requires otherwise, and the object of the statute is to provide a remedy for natural persons who have suffered personal injury, not for...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.