R v Mali and Others

• Jurisdiction: South Africa
• Judge: Jennett J and Sampson J
• Judgment Date: 10 January 1957
• Citation: 1957 (2) SA 61 (E)
• Hearing Date: 30 November 1956
• Court: Eastern Districts Local Division

Jennett, J.:

The three appellants were convicted on two counts of contravening reg. 1 (1) of Government Notice 2017 of 18th September 1953, in that they did, without the written permission of the Native B Commissioner, hold, preside at or address meetings, gatherings or assemblies, at which more than ten Natives were present at one time.

The evidence established that on 18th August 1956 the appellants addressed a gathering of between 80 and 90 Natives and that on 19th August 1956 they addressed a gathering of 200 Natives. When the C appellants addressed the crowd they did so standing at a table at which were seated all the African National Congress leaders. According to the evidence the African National Congress, which I shall refer to as the A.N.C., is a political body.

A detective sergeant and a constable made notes of the speeches by the appellants.

D The burden of the speeches was that the first appellant had died and been to heaven and that he had a message for the gathering. The sergeant's notes of the speech of the first appellant at the meeting of the 18th August read - exhibit B:

'I have come to tell the people of Grahamstown that I have come back from the dead. I am a man that died and I have travelled all over the world. Any nation in the world could come to me and I could tell them of E another world that I know myself. He then said 'Even the snake has got a place in the ground, he lives in his home and nobody worries him, but you people have got nowhere to live. I have never been a church follower but we people must unite and I have come here to tell you how to get your freedom. Afrika must come back. People who died in 1952 up to this date. I am very sorry for you people. Even if you are tired, try again. I have been informed about a person who has been oppressed - my friends, you must wait for this date of our freedom. I want you to know F before I leave this place what is happening in the world. We must wait for the freedom that you asked for in 1952. I am your adviser in this matter. I have come to tell you that what you asked for in 1952 is near. I want to tell you this to-morrow. 'There will not be any other nation that will be under another nation', there is no person who can take another person's rights or property in our promised land. There are two other men coming, you must wait for them. The day you went to gaol is G the day when the doors of Heaven were opened. Why is it now that you understand that the nations will be separated. Your leader is awaiting you. We have got our tickets, go and get your National Congress Tickets. Go and get your tickets, your children have died in gaols for their freedom...