S v Manyoni

• Jurisdiction: South Africa
• Citation: 1963 (4) SA 341 (N)

S v Manyoni
1963 (4) SA 341 (N)

1963 (4) SA p341

Citation	1963 (4) SA 341 (N)
Court	Natal Provincial Division
Judge	James J and Harcourt J
Heard	August 19, 1963
Judgment	August 19, 1963

Flynote : Sleutelwoorde D

Native — Locations — 'Fit and proper person to take up residence in' — Meaning of in reg. 1 of P.N. 383 of 1960 — Notice to E vacate given to person under reg. 7 (2) (b) (vi) — Offences created by reg. 96 (b) of regulations.

Headnote : Kopnota

One of the important factors to be considered in deciding whether a person is a fit and proper person to take up residence in a location or native village, within the meaning of regulation 1 of the regulations for the management and control of native locations, native villages and F hostels in the City of Durban appearing in Provincial Notice 383 of 1960, is whether his behaviour is such that he can be described as a law-abiding citizen who has respect for the law, or whether he can be described as a man who, as a habit, is not law-abiding.

Regulation 96 (b) of the aforesaid regulations creates a whole series of offences. What section 96 (b) (x) does is to create an offence firstly by the holder of a permit or certificate or his family if they fail to G leave the location in obedience to a notice issued in terms of regulation 7 (2) (b) (vi); and, in addition, to create an offence by any person who is the holder or grantee of a permit who fails to deliver his permit or certificate back to the superintendent after the notice, which he has been given, has expired.

Case Information

Appeal from a conviction in a magistrate's court. The facts appear from the reasons for judgment.

A. B. M. Wilson, for the appellant. H

C. Rees, for the State.

Judgment

James, J.:

The present appellant took up residence in Kwa Mashu in March, 1960, under a site permit granted to him by the location authorities. This permit was for residential purposes only. On the 22nd October, 1962, the appellant was given notice that his permit was cancelled

1963 (4) SA p342

James J

because in the opinion of the director he had ceased to be a fit and proper person to reside at Kwa Mashu. The notice was given in terms of reg. 7 (2) (b) (vi) of the regulations for the management and control A of native locations, native villages and hostels in the City of Durban appearing in Provincial Notice 383 of 1960. The regulation, 7 (2) (b) (vi), provides that a site permit or certificate of occupation may be cancelled by one month's notice in writing given by the superintendent to the registered occupier if such occupier ceases to be, in the opinion B of the director, a fit and proper person to reside in the location. It is not disputed in this appeal that the notice was validly given or validly served. It is also clear from the evidence that after the one month period had expired the appellant continued to remain in residence on the site. As a result of these facts the appellant was prosecuted in a magistrate's court. The case was heard on the 10th December, 1962, and the charge read as follows:

C 'That the said accused is guilty of contravening reg. 7 (2) (b) (vi) read with reg. 96 (b) (x) and further read with sec. 2 (1) (a) of Act 25 of 1945; in that the said accused was the holder of a site permit in the Kwa Mashu Bantu Township, district Inanda, being an area of land set apart and laid out in terms of the said sec. 2 (1) (a);

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