R v Chisvo and Others

• Jurisdiction: South Africa
• Judge: Beadle CJ, Macdonald AJP and Jarvis AJA
• Judgment Date: 14 May 1968
• Citation: 1968 (3) SA 353 (RA)
• Hearing Date: 14 May 1968
• Court: Appellate Division

Beadle, C.J.:

The eight appellants in this case were charged in the General Division of the High Court with contravening para. (a) of subsec. (1), as read with para. (a) of sub-sec. (4) of sec. 48A of the Law and Order (Maintenance) Act, Chap. 39, that is, that they with G intent to endanger the maintenance of law and order in Rhodesia were in possession of certain weapons of war. They were duly convicted and as the statute prescribes a mandatory death sentence for a contravention of this section they were sentenced to death.

They now appeal both against conviction and sentence.

H Mr. Taylor, who has appeared for all eight appellants, has stated that he is unable to direct any argument to the Court in respect of any of the appellants with the exception of No. (7) appellant, Ben Manduku.

I will deal, first, with the cases of the seven appellants in respect of whom Mr. Taylor has nothing to say.

[The learned Judge then dealt with the evidence and proceeded.]

In the circumstances, the appeals against both conviction and sentence in respect of these seven appellants must be dismissed.

Beadle CJ

I turn now to the case of the appellant Ben Manduku.

[The learned...