Rex v Nigrini

JurisdictionSouth Africa
JudgeDe Villiers AJP and Searle J
Judgment Date01 November 1948
CourtCape Provincial Division
Hearing Date01 November 1948
Citation1948 (4) SA 995 (C)

De Villiers, A.J.P.:

In this matter the accused was charged with attempted extortion by using the following language to the public prosecutor, Sgt. van Rensburg, who was in charge of the police at Fraserburg. He said:

'Julle soek vir werk. As julle agter my lê, dan sal ek sorg dat julle ook vervolg word. Jy soek my uit om my te vervolg. As jy nie gewillig is om die klagte van die lisensie en assuransie terug te trek nie, dan sal ek jou rapporteer en sorg dat jy uit jou werk geskop word. Onthou nou ek waarsku jou dat ek jou sal rapporteer en dat jy uit jou werk sal geskop word. Ek moes jou al...

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5 practice notes
  • Recognition of a parent-child testimonial privilege in South African Criminal Procedure: Lessons from the United States of America
    • South Africa
    • Juta South African Criminal Law Journal No. , August 2019
    • 27 May 2019
    ...competent to testify in cases in which they are professionally involved, but it is extremely undesirable that they do so (R v Nigrini 1948 (4) SA 995 (C)).5 Schwikkard & van der Merwe op cit (n2) 116. 6 DT Zeffertt, AP Paizes & A St Q Skeen The South African Law of Evidence (2003) 517.7 Sec......
  • S v J
    • South Africa
    • Eastern Cape Division
    • 3 July 1980
    ...cases prior to 1972 not referred to in the judgments in Munyani's case to which we were referred in argument were R v A Nigrini 1948 (4) SA 995 (C) and R v S 1945 (1) PH H41. The full text in Nigrini's case has not been reported, but I have obtained a copy of the full judgment and I am sati......
  • S v Nkushubana
    • South Africa
    • Invalid date
    ...made with some other person to conduct the prosecution. The magistrate's attention in this regard is also directed to Rex v Nigrini, 1948 (4) SA 995 (C), where further undesirable aspects of this type of procedure are H Secondly, the offence created by sec. 101 (1) of the Ordinance is that ......
  • Appleby (Pty), Ltd v Dundas, Ltd
    • South Africa
    • Invalid date
    ...to furnish that particular. The remaining particular appearing in para. 5 (1) of the plaintiff's request for particulars falls away. 1948 (4) SA p995 Gardner AJP There remains the question of costs, and I order the respondent to pay the costs of the application. And the defendant will be or......
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4 cases
  • S v J
    • South Africa
    • Eastern Cape Division
    • 3 July 1980
    ...cases prior to 1972 not referred to in the judgments in Munyani's case to which we were referred in argument were R v A Nigrini 1948 (4) SA 995 (C) and R v S 1945 (1) PH H41. The full text in Nigrini's case has not been reported, but I have obtained a copy of the full judgment and I am sati......
  • S v Nkushubana
    • South Africa
    • Invalid date
    ...made with some other person to conduct the prosecution. The magistrate's attention in this regard is also directed to Rex v Nigrini, 1948 (4) SA 995 (C), where further undesirable aspects of this type of procedure are H Secondly, the offence created by sec. 101 (1) of the Ordinance is that ......
  • Appleby (Pty), Ltd v Dundas, Ltd
    • South Africa
    • Invalid date
    ...to furnish that particular. The remaining particular appearing in para. 5 (1) of the plaintiff's request for particulars falls away. 1948 (4) SA p995 Gardner AJP There remains the question of costs, and I order the respondent to pay the costs of the application. And the defendant will be or......
  • S v J
    • South Africa
    • Invalid date
    ...cases prior to 1972 not referred to in the judgments in Munyani's case to which we were referred in argument were R v A Nigrini 1948 (4) SA 995 (C) and R v S 1945 (1) PH H41. The full text in Nigrini's case has not been reported, but I have obtained a copy of the full judgment and I am sati......
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