S v Manyoni

• Jurisdiction: South Africa
• Judge: James J and Harcourt J
• Judgment Date: 19 August 1963
• Citation: 1963 (4) SA 341 (N)
• Hearing Date: 19 August 1963
• Court: Natal Provincial Division

James, J.:

The present appellant took up residence in Kwa Mashu in March, 1960, under a site permit granted to him by the location authorities. This permit was for residential purposes only. On the 22nd October, 1962, the appellant was given notice that his permit was cancelled

James J

because in the opinion of the director he had ceased to be a fit and proper person to reside at Kwa Mashu. The notice was given in terms of reg. 7 (2) (b) (vi) of the regulations for the management and control A of native locations, native villages and hostels in the City of Durban appearing in Provincial Notice 383 of 1960. The regulation, 7 (2) (b) (vi), provides that a site permit or certificate of occupation may be cancelled by one month's notice in writing given by the superintendent to the registered occupier if such occupier ceases to be, in the opinion B of the director, a fit and proper person to reside in the location. It is not disputed in this appeal that the notice was validly given or validly served. It is also clear from the evidence that after the one month period had expired the appellant continued to remain in residence on the site. As a result of these facts the appellant was prosecuted in a magistrate's court. The case was heard on the 10th December, 1962, and the charge read as follows:

C 'That the said accused is guilty of contravening reg. 7 (2) (b) (vi) read with reg. 96 (b) (x) and further read with sec. 2 (1) (a) of Act 25 of 1945; in that the said accused was the holder of a site permit in the Kwa Mashu Bantu Township, district Inanda, being an area of land set apart and laid out in terms of the said sec. 2 (1) (a);

And that in or about the 22nd October, 1962, the said permit was cancelled by the said superintendent of the said location in terms of D the said reg. 7 (2) (b) (vi);

And in that the said accused did wrongfully and unlawfully fail to leave the said location immediately or did fail to deliver to the said superintendent and give immediate quiet possession of the dwelling after the expiration of the date mentioned in the cancellation order, to wit 30th November, 1962.'

After hearing evidence the magistrate found the appellant guilty and E sentenced him to a fine of R50 or fifty days' imprisonment suspended for two years on condition that the accused leaves Kwa Mashu Native Township with his family on or before the 30th June, 1963.

The regulation which creates the offence of failing to obey a notice issued in terms of reg. 7 (2) (b) (vi) is reg. 96 (b) (x) which reads as follows:

F 'Any person who...