S v Mmoledi (45/85) [1986] ZASCA 98 (22 September 1986)

S v Mmoledi (45/85) [1986] ZASCA 98 (22 September 1986)

The court held that the appellant's conduct in playing a cassette containing ANC propaganda and exhortations to overthrow the government constituted carrying on an activity in the direct or indirect interest of the ANC, an unlawful organization, as defined by section 13(1)(a)(iv) of the Internal Security Act. The appellant's explanation that he played the recording for entertainment was rejected as not credible. The magistrate was correct in convicting the appellant on both counts. However, the sentence imposed was incompetent, as it exceeded the permissible jurisdiction for count 2. The court set aside the globular sentence and substituted separate sentences for each count, finding no...

Citation
[1986] ZASCA 98
Parties
Appellant: Lazarus Mmoledi; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
22 September 1986
Case Number
45/85
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal against conviction on count 1 dismissed; sentence set aside and substituted with separate sentences for each count.
Judges
Rabie, Jansen, Galgut
Legal Topics
Internal Security Act, Unlawful Organization, Mens Rea, Globular Sentence, Sentencing Jurisdiction
Criminal Law Internal Security Act Unlawful Organization Mens Rea Globular Sentence Sentencing Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Lazarus Mmoledi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant's conduct constituted taking part in the activities of an unlawful organization under section 13(1)(a)(iv) of the Internal Security Act.
  2. 2 Whether the appellant possessed a publication disseminated by an unlawful organization contrary to section 56(1)(c) of the Act.
  3. 3 Whether the magistrate was competent to impose a globular sentence exceeding the jurisdiction for one of the counts.

Ratio Decidendi

The court held that the appellant's conduct in playing a cassette containing ANC propaganda and exhortations to overthrow the government constituted carrying on an activity in the direct or indirect interest of the ANC, an unlawful organization, as defined by section 13(1)(a)(iv) of the Internal Security Act. The appellant's explanation that he played the recording for entertainment was rejected as not credible. The magistrate was correct in convicting the appellant on both counts. However, the sentence imposed was incompetent, as it exceeded the permissible jurisdiction for count 2. The court set aside the globular sentence and substituted separate sentences for each count, finding no...

Court Disposition

Appeal against conviction on count 1 dismissed; sentence set aside and substituted with separate sentences for each count.

Orders

  • The appeal against the conviction on count 1 is dismissed.
  • The sentence imposed by the magistrate is set aside and substituted with a sentence of 3 years' imprisonment on count 1 and 1 year's imprisonment on count 2.