S v Kruger

• Jurisdiction: South Africa
• Judge: Henning J and Leon J
• Judgment Date: 28 August 1969
• Citation: 1970 (2) SA 233 (N)
• Hearing Date: 28 August 1969
• Court: Natal Provincial Division

Henning, J.:

During last year the appellant appeared before the magistrate on three charges. The first was one of fraud, and the second E a contravention of sec. 31 of Act 13 of 1956, in which it was alleged that the appellant removed two head of cattle from a Bantu reserve to his farm, without being in possession of the necessary permit. In the third count it was alleged that he contravened sec. 24 (1) of the same Act, in that he went into a Bantu reserve without being in possession of the necessary permit.

F He conducted his defence in person and pleaded not guilty. He was convicted and the magistrate imposed a fine of R100 with an alternative of 60 days' imprisonment, on the first count, and sentenced him to a fine of R20 or 20 days' imprisonment on each of the two remaining counts. The sentences were passed on 9th December, 1968. Three days G later a firm of attorneys, acting on behalf of the appellant noted an appeal against 'the whole of the verdict and sentence' pronounced by the magistrate on the ground that 'the judgment was against the weight of evidence and contrary to law'. The notice concluded with a statement to the effect that fuller and further grounds of appeal would be filed in H due course. The magistrate gave his reasons in terms of the Rules, but the appellant did not amend his grounds of appeal within 14 days in terms of Rule 67 (5) of the Magistrates' Courts Rules.

Yesterday there was filed with the Registrar on behalf of the appellant a...