The State v Pogrund

• Jurisdiction: South Africa
• Court: Transvaal Provincial Division
• Judge: Hill J and Boshoff J
• Judgment Date: 07 July 1961
• Citation: 1961 (3) SA 868 (T)
• Hearing Date: 07 July 1961

G Hill, J.:

The appellant, a senior reporter for the South African Newspapers Limited, was in possession of a document headed 'Operations order - Secret' issued by some person described as 'Thunder Cracker'. The document provides for the establishment of an organisation, the aim H of which was to disorganise, disrupt and make a farce of every republican celebration and ceremony held in the Union on 31st May, 1961. Its code word was 'damp squib'. So-called 'town leaders' were to record details of all republican ceremonial functions and celebrations and to delegate each particular function or ceremony to a person referred to as a 'rocket' who, with the assistance of a few reliable friends chosen by him and referred to as 'crackers', would disorganise such a function or ceremony according to certain prescribed methods. The methods to be employed for the

Hill J

disorganisation or disruption of functions include the following:

1.

Disorganising or diverting convenor, secretary, master of ceremonies and speaker before a meeting.

2.

Disorganising printing arrangements.

3.

Diverting supplies, equipment and refreshments.

4. A Dislocating parking.

5.

Dislocating admission and diverting attendance.

6.

Disrupting functions.

7.

Causing breakdown of loudspeaker system.

8.

Cutting off electricity.

9.

Cutting off water.

10.

B Causing breakdown of toilet facilities.

11.

Causing a farce at the 'moment critique'.

12.

Diverting labour force.

13.

Immobilising special equipment.

14.

Creating a smoke screen.

C At the request of the senior public prosecutor, a subpoena was issued by the magistrate of Johannesburg, requiring the appellant in terms of sec. 83 (1) of Act 56 of 1955 to appear at an enquiry before the magistrate, on 13th June, 1961, and to testify and declare all he knows concerning the supposed offence of incitement to commit an offence D alleged to have been committed by Thomas Walters. The nature of the information required is set out as follows:

'The name and address of the person from whom Benjamin Pogrund received copy of operation order marked secret and purported to have been issued by Thunder Cracker to disorganise disrupt and make a farce of every republican celebration or ceremony held on 31st May, 1961.'

E The appellant appeared at the enquiry in obedience to the subpoena and the following evidence on oath given by the appellant was recorded by the magistrate:

'Know document headed 'Operations order - Secret' consisting of three typed pages - exhibit B. I know the contents. The document was handed to me.

Q. Who handed the document to...