S v Menze (516/87) [1989] ZASCA 17 (21 March 1989)

S v Menze (516/87) [1989] ZASCA 17 (21 March 1989)

The Court held that the cassette recording in question fell within the definition of 'publication' under section 1 of the Internal Security Act 74 of 1982 and that section 56(1)(c) criminalises possession of such a publication disseminated on behalf of an unlawful organisation, namely the ANC. The statutory presumption in section 69(4) applies to cassette recordings, making them admissible as prima facie proof of their contents. The Court found that the cassette clearly sought to advance the cause of the ANC, and even if the voice was not Oliver Tambo's, the use of his name served to lend credibility and further the ANC's interests. Previous decisions confirmed a broad interpretation of...

Citation
[1989] ZASCA 17
Parties
Appellant: Ezron Tsietsi Menze; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
21 March 1989
Case Number
516/87
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
Appeal dismissed; conviction confirmed.
Judges
Hefer, Vivier, Steyn
Legal Topics
Internal Security Act, Possession of Unlawful Publication, Statutory Presumption, Interpretation of on Behalf of, Admissibility of Evidence
Criminal Law Internal Security Act Possession of Unlawful Publication Statutory Presumption Interpretation of on Behalf of Admissibility of Evidence

Case Brief

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Parties

Ezron Tsietsi Menze

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether possession of the cassette recording constituted an offence under section 56(1)(c) of the Internal Security Act 74 of 1982.
  2. 2 Whether the statutory presumption in section 69(4) of the Act applies to cassette recordings.
  3. 3 Whether the cassette was published or disseminated on behalf of the African National Congress (ANC).

Ratio Decidendi

The Court held that the cassette recording in question fell within the definition of 'publication' under section 1 of the Internal Security Act 74 of 1982 and that section 56(1)(c) criminalises possession of such a publication disseminated on behalf of an unlawful organisation, namely the ANC. The statutory presumption in section 69(4) applies to cassette recordings, making them admissible as prima facie proof of their contents. The Court found that the cassette clearly sought to advance the cause of the ANC, and even if the voice was not Oliver Tambo's, the use of his name served to lend credibility and further the ANC's interests. Previous decisions confirmed a broad interpretation of...

Court Disposition

Appeal dismissed; conviction confirmed.

Orders

  • The appeal is dismissed.
  • The conviction of the appellant is confirmed.