S v Le Grange

• Jurisdiction: South Africa
• Judge: De Wet JP and Ludorf J
• Judgment Date: 16 November 1961
• Court: Transvaal Provincial Division
• Hearing Date: 10 November 1961
• Citation: 1962 (1) SA 564 (T)

C De Wet, J.P.:

The appellant is a detective constable. It is common cause that he was given the custody and control of a motor-car which he was entitled to use subject to the directions of his superior officer and subject to police regulations. I shall assume that the magistrate's finding is correct that he used this car on a private visit to Rustenburg and that such use was in contravention of the relevant regulations.

D The question which arises for consideration is whether he was guilty of a contravention of sec. 138 (2) of the Road Traffic Ordinance, 18 of 1957, which reads as follows:

'Any person who without the knowledge or consent of the owner or person in lawful charge of any vehicle, rides in or drives such vehicle on a public road shall be guilty of an offence . . ..'

E This question was very fully considered by the Full Bench of the Orange Free State Provincial Division in a recent decision - R v Kuyler...