Rex v Jackelson

JurisdictionSouth Africa
JudgeInnes CJ, Juta JA and JER De Villiers AJA
Judgment Date20 June 1920
Citation1920 AD 486
Hearing Date15 June 1920
CourtAppellate Division

Juta, J.A.:

Accused is the lessee, on a monthly tenancy, of a certain block on which is situated his house and yard and which is separated by a fence with a gate in it from an adjoining yard, bounded by a corrugated fence and 25 rooms. The greater portion of the block consists of this yard. On the 30th of November,

Juta, J.A.

1919, the police raided this yard and arrested about forty natives for being in possession of "skokian" and Kafir beer. This was found buried in the ground in casks. The accused came into this yard while the raid was in progress, when the police found 400 gallons of beer; and he had frequently been told by the police that the amount of liquor on the premises was a disgrace. There is no store or retail store on the accused's premises. Between the 29th of December, 1919, and the 6th of January, 1920, a produce merchant supplied accused with 12,500 lbs of sugar. Skokian is made from sugar.

On the 8th of January last the police again raided the yard. of the 25 rooms only 3 were occupied by families, the remaining 22 having no beds or bedding, only forms round the walls. The families were in occupation by virtue of a lease with accused. Some natives had lived there for a long time; three for nine months, some for a month or two. When the raid took place some 50 to 60 natives were in the yard; some were digging said some were drinking. The police found buried in this yard, in 27 holes (some 9 to 12 feet from the surface but on an average 3 feet from the surface), 96 fifty-four gallon casks, 1 eighty gallon cask, and 17 twenty gallon drums, all containing Skokian and Kafir beer, some in a fermenting state. From an inspection of the yard, the magistrate who tried the case, found that it was impossible for the liquor to have been brewed without the accused's knowledge. He was charged with contravening sec. 48 of Ordinance 32 (Transvaal) of 1902 read with Act 31 of 1917, sec. 139, sub-sec. 2, by aiding certain natives to be in possession of intoxicating liquor by allowing them to conceal intoxicating liquor on his premises, and convicted. He appealed to the Provincial Division and the conviction was confirmed. He now applies for leave to appeal to this Court.

The grounds taken are:-

That inasmuch as the Ordinance 32, sec. 48, makes it an offence for a coloured person to be in possession of intoxicating liquor, a white person cannot be a socius criminis, and that the Act of 1917 does not apply...

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55 practice notes
  • S v Safatsa and Others
    • South Africa
    • Invalid date
    ...at 517; May 1980 THRHR ; May 1980 SALJ ; Hunt SA Criminal Law and Procedure 2nd ed vol II at 77, 78; Snyman Strafreg at 49; R v Jackelson 1920 AD 486; R v Mgxwiti 1954 (1) SA 370 (A); R v Cele and Others 1958 (1) SA 144 (N) F at 153B - C; R v Jantjies 1958 (2) SA 273 (A) at 275A; R v H en '......
  • S v Jordan and Others (Sex Workers Education and Advocacy Task Force and Others as Amici Curiae)
    • South Africa
    • Invalid date
    ...(6) BCLR 759): referred to R v Big M Drug Mart Ltd (1985) 13 CRR 64: considered R v Butler (1992) 8 CRR (2d) 1: considered R v Jackelson 1920 AD 486: applied R v Oberholzer 1941 OPD 48: considered R v Sibiya 1955 (4) SA 247 (A): F considered R v Turpin (1989) 39 CRR 306: considered Roberts ......
  • S v Jordan and Others (Sex Workers Education and Advocacy Task Force and Others as Amici Curiae)
    • South Africa
    • Invalid date
    ...(6) BCLR 759): referred to G R v Big M Drug Mart Ltd (1985) 13 CRR 64: considered R v Butler (1992) 8 CRR (2d) 1: considered R v Jackelson 1920 AD 486: applied R v Oberholzer 1941 OPD 48: considered R v Sibiya 1955 (4) SA 247 (A): considered R v Turpin (1989) 39 CRR 306: considered H Robert......
  • S v Hlatswayo and Others
    • South Africa
    • Invalid date
    ...the principal thieves even though he takes no part in the F theft and is not proved to have received advantage from it (cf. R v Jackelson, 1920 AD 486 at p. 491; R v Mbande and Others, 1933 AD 382 at pp. 392 - Thus, in my view, the crucial determining factor should be the degree of G partic......
  • Request a trial to view additional results
55 cases
  • S v Safatsa and Others
    • South Africa
    • Invalid date
    ...at 517; May 1980 THRHR ; May 1980 SALJ ; Hunt SA Criminal Law and Procedure 2nd ed vol II at 77, 78; Snyman Strafreg at 49; R v Jackelson 1920 AD 486; R v Mgxwiti 1954 (1) SA 370 (A); R v Cele and Others 1958 (1) SA 144 (N) F at 153B - C; R v Jantjies 1958 (2) SA 273 (A) at 275A; R v H en '......
  • S v Jordan and Others (Sex Workers Education and Advocacy Task Force and Others as Amici Curiae)
    • South Africa
    • Invalid date
    ...(6) BCLR 759): referred to R v Big M Drug Mart Ltd (1985) 13 CRR 64: considered R v Butler (1992) 8 CRR (2d) 1: considered R v Jackelson 1920 AD 486: applied R v Oberholzer 1941 OPD 48: considered R v Sibiya 1955 (4) SA 247 (A): F considered R v Turpin (1989) 39 CRR 306: considered Roberts ......
  • S v Jordan and Others (Sex Workers Education and Advocacy Task Force and Others as Amici Curiae)
    • South Africa
    • Invalid date
    ...(6) BCLR 759): referred to G R v Big M Drug Mart Ltd (1985) 13 CRR 64: considered R v Butler (1992) 8 CRR (2d) 1: considered R v Jackelson 1920 AD 486: applied R v Oberholzer 1941 OPD 48: considered R v Sibiya 1955 (4) SA 247 (A): considered R v Turpin (1989) 39 CRR 306: considered H Robert......
  • S v Hlatswayo and Others
    • South Africa
    • Invalid date
    ...the principal thieves even though he takes no part in the F theft and is not proved to have received advantage from it (cf. R v Jackelson, 1920 AD 486 at p. 491; R v Mbande and Others, 1933 AD 382 at pp. 392 - Thus, in my view, the crucial determining factor should be the degree of G partic......
  • Request a trial to view additional results

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