S v Radebe (207/86) [1987] ZASCA 151; [1988] 2 All SA 99 (A) (1 December 1987)

S v Radebe (207/86) [1987] ZASCA 151; [1988] 2 All SA 99 (A) (1 December 1987)

The Supreme Court of Appeal found that the appellant’s conduct did not satisfy the intent requirement under section 54(1)(d) of the Internal Security Act, as the pupils did not constitute 'a particular population group' or 'inhabitants of a particular area' within the meaning of the Act. The conviction for subversion was therefore set aside. However, the evidence established that the appellant was party to an organised attempt to interrupt educational services, which falls within the ambit of sabotage under section 54(3)(c). The conviction was substituted accordingly. Given the appellant’s youth, status as a first offender, and the absence of serious harm, the court determined that the...

Citation
[1987] ZASCA 151
Parties
Appellant: Shaka January Radebe; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 December 1987
Case Number
207/86
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence in the Regional Court, Southern Transvaal, Confirmed by the Transvaal Provincial Division, Now Before the Supreme Court of Appeal.
Outcome
Appeal succeeds in part; conviction for subversion set aside and substituted with conviction for sabotage under section 54(3)(c) of the Internal Security Act. Sentence of 2½ years' imprisonment confirmed but wholly suspended for 5 years on condition.
Judges
Corbett, Van Heerden, Smalberger, Boshoff, Steyn
Legal Topics
Internal Security Act, Statutory Interpretation, Sabotage, Subversion, Intent, Sentencing
Criminal Law Internal Security Act Statutory Interpretation Sabotage Subversion Intent Sentencing

Case Brief

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Parties

Shaka January Radebe

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence in the Regional Court, Southern Transvaal, Confirmed by the Transvaal Provincial Division, Now Before the Supreme Court of Appeal.

Legal Issues

  1. 1 Whether the appellant's conduct constituted subversion under section 54(2)(c) of the Internal Security Act, 74 of 1982.
  2. 2 Whether the intent required by section 54(1)(d) was present, specifically whether the pupils constituted 'a particular population group' or 'inhabitants of a particular area'.
  3. 3 Whether the appellant's conduct amounted to sabotage under section 54(3)(c) of the Act.

Ratio Decidendi

The Supreme Court of Appeal found that the appellant’s conduct did not satisfy the intent requirement under section 54(1)(d) of the Internal Security Act, as the pupils did not constitute 'a particular population group' or 'inhabitants of a particular area' within the meaning of the Act. The conviction for subversion was therefore set aside. However, the evidence established that the appellant was party to an organised attempt to interrupt educational services, which falls within the ambit of sabotage under section 54(3)(c). The conviction was substituted accordingly. Given the appellant’s youth, status as a first offender, and the absence of serious harm, the court determined that the...

Court Disposition

Appeal succeeds in part; conviction for subversion set aside and substituted with conviction for sabotage under section 54(3)(c) of the Internal Security Act. Sentence of 2½ years' imprisonment confirmed but wholly suspended for 5 years on condition.

Orders

  • The appellant's conviction is altered to one of contravening section 54(3)(c) of the Internal Security Act, 74 of 1982.
  • The sentence of 2½ years' imprisonment is confirmed, but the whole sentence is suspended for 5 years on condition that the appellant is not convicted of a contravention of any of the provisions of either section 54(1), (2) or (3) of Act 74 of 1982, or section 1(1) of the Intimidation Act, 72 of 1982, committed...