Rex v Simpson

• Jurisdiction: South Africa
• Judge: Newton Thompson J and Steyn J
• Judgment Date: 20 May 1949
• Citation: 1949 (3) SA 427 (C)
• Hearing Date: 20 May 1949
• Court: Cape Provincial Division

Newton Thompson, J.:

These four cases are appeals from decisions in the magistrate's court, Beaufort West, resulting from alleged contraventions of various provisions of the Electoral Consolidation Act 46 of 1926.

In Simpson's case he was charged on 41 counts (later reduced to 40) of contravening section 32 (1) (e) of Act 46 of 1946, which reads:

'Any person who knowingly writes on any application referred to in para. (d), the name, address or occupation of the applicant or guides his hand in order to assist him in writing the said particulars, or falsely witnesses the signature and the writing of the address and occupation on any such application, shall be guilty of an offence and liable to a fine not exceeding £50 or to imprisonment for a period not exceeding six months, or to both such fine and imprisonment.'

The charge alleged that in each of the 40 cases, details of which were set out, he falsely witnessed the signature of each applicant on a voter's registration form and his writing on the form of his address and occupation, whereas none of the applicants did so sign their names nor write their addresses or occupations.

The electoral officer at Kimberley testified to receiving the 40 registration form applications which he handed into Court. He said he would have put all 40 applicants on the voter's roll if he had not received certain information. No further evidence was called before the magistrate, but the record states:

Newton Thompson J

'Beskuldigde erken dat al die persone wat genoem word in al die 40 aanklagtes en wie se aansoeke om registrasie as kiesers vervat is op al die 40 bewysstukke 1 - 40, nie die nodige kwalifikasies besit om as kiesers geregistreer te word nie. Niemand van die 40 persone 1 - 40 in sy teenwoordigheid geteken het nie en paragrawe 3 en 4 in sy teenwoordigheid voltooi het nie. Staatsaak afgesluit.'

The accused did not give evidence, but made a statement. The magistrate found the accused guilty on all 40 counts and sentenced him to a fine of £10 or 14 days' imprisonment with hard labour on each of the 40 counts and 14 days' imprisonment with hard labour on each of the 40 counts. Appeal was made to this Court both against the severity of the sentences and against the convictions. Before us Mr. Diemont for the appellant urged against the convictions, firstly: That where the accused pleads guilty before a magistrate as here, and was sentenced, as he was here, the actual commission of the crime must be proved other...