Hohne v Super Stone Mining (Pty) Ltd

The appellant, Dale Lonsdale Hohne, was a senior employee of Super Stone Mining (Pty) Ltd, responsible for final recovery of diamonds. CCTV footage raised suspicions that he was stealing high-value rough diamonds. On 15 January 2010 he was confronted by company directors, security consultants and the company attorney in a videotaped interview, during which he ultimately admitted stealing diamonds over a ten-month period and acknowledged their value. He signed an acknowledgement of debt and later handed over stolen diamonds and cash. Although he was acquitted in a subsequent criminal trial after his confession and pointings-out were ruled inadmissible under the Criminal Procedure Act, Super Stone instituted a civil delictual claim relying on the same evidence. The High Court admitted the evidence and awarded damages of R6.015 million. Hohne appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel, and the High Court’s order awarding Super Stone Mining (Pty) Ltd R6.015 million plus interest and costs was confirmed.

The case clarifies that evidence excluded in a criminal trial may nonetheless be admissible in civil proceedings, and affirms the distinction between criminal and civil standards of admissibility. It provides authoritative guidance on duress, threats of prosecution, and enforceability of acknowledgements of debt in civil claims arising from delict, particularly in employer–employee contexts involving theft.