S v Seremane and Others

• Judge: Claassen J and De Kock J
• Judgment Date: 13 March 1964
• Citation: 1964 (2) SA 511 (T)
• Hearing Date: 24 February 1964
• Court: Transvaal Provincial Division

E De Kock, J.:

The nine appellants in this matter were jointly charged before a regional magistrate with two contraventions of Act 44 of 1950 read with certain sections of Act 34 of 1960 and also read with Proc. 119 of 1960 and sec. 22 of Act 93 of 1963.

The first charge alleged a contravention of sec. 3 (1) (a) (i) read F with sec. 11 (c) of Act 44 of 1950 in that the appellants became or continued to be office-bearers, officers or members of an unlawful organisation, to wit, the Pan Africanist Congress.

The second charge was brought under sec. 3 (1) (a) (iv) read with sec. 11 (c) of Act 44 of 1950, the allegation being that the appellants took G part in an activity or activities of an unlawful organisation, to wit, the Pan Africanist Congress, or carried on in the direct or indirect interest of the said unlawful organisation an activity or activities in which the organisation was or could have been engaged during the period stated in the charge sheet. Although the appellants pleaded not guilty to both counts, they were all convicted on the first count and all but H appellant No. 9 on the second count The ninth appellant was found not guilty and discharged on the second count. The sentences passed on the appellants were as follows:

(a)

Appellants Nos. 1, 2 and 5: three years' imprisonment on each count;

(b)

Appellants Nos. 3, 4, 7 and 8: two years' imprisonment on the first count and three years' imprisonment in respect of the second count;

(c)

Appellant No. 6: two years' imprisonment on each count;

De Kock J

(d)

Appellant No. 9: 18 months' imprisonment on the first count.

The appellants now appeal against their convictions as well as the sentences imposed upon them by the magistrate. I shall deal first with the argument addressed to us on the question of the convictions of the first eight appellants, then with the conviction of the ninth appellant separately, and finally with the question of sentence.

A Mr. Bregman, who appeared for all nine appellants, made three submissions in support of the appeal against the convictions of appellants 1 - 8. Firstly, he submitted that on a proper construction of Act 44 of 1950 in general and of sec. 3 (1) (a) thereof in particular B a person who became, or continued to be a member of an unlawful organisation and who in addition performed any act as a member committed only one offence, and that offence was chargeable only under sec. 3 (1) (a) (i) of the...