S v Mhlawli and Others

• Jurisdiction: South Africa
• Court: Cape Provincial Division
• Judge: Diemont J
• Judgment Date: 28 June 1963
• Citation: 1963 (3) SA 795 (C)
• Hearing Date: 26 June 1963

G Diemont, J.:

The three applicants in this case were arrested on 8th April, 1963, and have remained in custody since that date. They have appeared before the magistrate's court on six occasions for remand. They have also applied for bail on a number of occasions, but each time the application has been refused by the magistrate. The application is now renewed in the Supreme Court.

H Mr. Getz, who appeared for the applicants, has placed great reliance on the fact that the three accused persons are all employed by a large construction firm and that the managing director, Mr. Abbott, has stated that the accused have been in his employ for nine to ten years, that he has found them completely trustworthy and that they did not desert their employer during the strike in 1960.

Mr. Beukes, on the other hand, appearing for the State called Police evidence to the effect that:

Diemont J

1. The accused were all members of an unlawful...