S v Moloi and Another (107/86) [1986] ZASCA 101; [1987] 1 All SA 249 (A) (23 September 1986)

S v Moloi and Another (107/86) [1986] ZASCA 101; [1987] 1 All SA 249 (A) (23 September 1986)

The court held that possession of the cassette tape containing an interview with the ANC president constituted possession of a publication disseminated on behalf of an unlawful organization under section 56(1)(c) of the Internal Security Act. The phrase 'on behalf of' was interpreted, in light of both the English and Afrikaans texts, to include acts done for the benefit of the organization, not limited to agency. The evidence established that the cassette was intended to promote the ANC's objectives and was disseminated for its benefit. Regarding sentence, the court found that the sentence imposed on the first appellant was disturbingly inappropriate compared to the second appellant,...

Citation
[1986] ZASCA 101
Parties
Appellant: Peter Thabo Moloi; Appellant: Jacob Mashego; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
23 September 1986
Case Number
107/86
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
Appeal against conviction by both appellants dismissed. Appeal against sentence by first appellant upheld; sentence reduced. Appeals by second appellant dismissed.
Judges
Trengove, Viljoen, Jacobs, Boshoff, Galgut
Legal Topics
Internal Security Act, Unlawful Organization, Possession of Prohibited Publication, Sentencing Disparity, Agency in Criminal Liability
Criminal Law Internal Security Act Unlawful Organization Possession of Prohibited Publication Sentencing Disparity Agency in Criminal Liability

Case Brief

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Parties

Peter Thabo Moloi

Appellant

Jacob Mashego

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether possession of a cassette tape containing an interview with the ANC president constitutes possession of a publication 'by or under the direction or guidance or on behalf of' an unlawful organization under section 56(1)(c) of the Internal Security Act.
  2. 2 Whether the phrase 'on behalf of' in section 56(1)(c) requires agency or merely benefit to the unlawful organization.
  3. 3 Whether the sentences imposed on the appellants were disturbingly inappropriate or disparate.

Ratio Decidendi

The court held that possession of the cassette tape containing an interview with the ANC president constituted possession of a publication disseminated on behalf of an unlawful organization under section 56(1)(c) of the Internal Security Act. The phrase 'on behalf of' was interpreted, in light of both the English and Afrikaans texts, to include acts done for the benefit of the organization, not limited to agency. The evidence established that the cassette was intended to promote the ANC's objectives and was disseminated for its benefit. Regarding sentence, the court found that the sentence imposed on the first appellant was disturbingly inappropriate compared to the second appellant,...

Court Disposition

Appeal against conviction by both appellants dismissed. Appeal against sentence by first appellant upheld; sentence reduced. Appeals by second appellant dismissed.

Orders

  • The appeal by the first appellant against his conviction is dismissed.
  • The appeal by the first appellant against his sentence is upheld. The sentence imposed by the trial court is set aside and substituted with one year imprisonment suspended for five years on condition that he is not found guilty of contravening section 51(1)(c) of Act 74 of 1982 during the period of suspension.