Rex v Van Dyk

• Jurisdiction: South Africa
• Judge: Ramsbottom J and Clayden J
• Judgment Date: 11 May 1949
• Court: Transvaal Provincial Division
• Hearing Date: 11 May 1949
• Citation: 1949 (3) SA 118 (T)

Ramsbottom, J.:

This case came before me for review.

The accused was charged with contravening sec. 164 (b) of Act

Ramsbottom J

30 of 1928, in that he did wrongfully and unlawfully give, sell, supply or deliver to, or place in possession or control of Ben Mabiletse, a native, liquor, to wit five gallons of wine and six bottles of brandy, the said native being a person who is prohibited from acquiring or obtaining or being in possession of such liquor.

The accused pleaded guilty and was found guilty and sentenced to a fine of £50 or, in default of payment, imprisonment with hard labour for six months.

The only evidence which was led at the trial was that of Detective Sergeant Stoltz, who said that on the 19th April, 1949, at about 5 p.m., he arrested the accused for supplying liquor to a native called Ben. The evidence of the detective continued:

'Ben het in die teenwoordigheid van die beskuldigde gesê dat hy die drank by die beskuldigde gekry het, en die beskuldigde het niks daarop gesê nie. Ben is 'n naturel en die drank wat hy in sy besit het, bestaande uit vyf gellings wyn en ses bottels brandewyn, was bedwelmende drank gewees. Dit is die drank nou vertoon.'

On that the Crown...