R v Salise

• Jurisdiction: South Africa
• Judge: van der Riet J
• Judgment Date: 21 August 1956
• Citation: 1956 (4) SA 149 (E)
• Hearing Date: 21 August 1956
• Court: Eastern Districts Local Division

H Van der Riet, J.:

The magistrate of Port Alfred convicted the accused of a contravention of sec. 34 (1) (b) of Act 13 of 1911, and postponed the passing of sentence until the 2nd February, 1957, subject to the accused's good conduct. Sec. 34 (1) (b) makes it an offence to bring, or attempt by any means whatsoever to introduce into any convict prison, or gaol, inter alia, tobacco.

Van der Riet J

The magistrate now requests that the conviction and sentence be reviewed inasmuch as the place into which the accused attempted to introduce tobacco was the lock-up or police cells at Port Alfred, which cannot fall within the definition of convict prison or gaol.

A In this contention the magistrate would appear to be correct. In terms of sec. 34 (1) (b) the places into which tobacco may not be introduced are any convict prison or gaol. The definition of convict prison in sec. 2 of the Act limits this term to cover the accommodation of convicted persons only. A gaol or local gaol is any place for the B detention, confinement or treatment of persons liable to detention in custody.

This definition might have included any place in which a person awaiting trial is liable to be detained if bail is not allowed, were it not for the final paragraph of the definition, which reads:

'and shall for all purposes of escape or attempt to escape, further include every place used as a police cell or lock-up.'

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