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South Africa decisions
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S v Peacock and Others [2006] ZAFSHC 136 (19 January 2006)
The court upheld convictions for sabotage arising from a Vaaldam bombing plot, confirmed the sentences, rejected an increase in sentence, and declared the appellants unfit to possess firearms.
S v Cassiem and Another (331/90) [1993] ZASCA 136 (27 September 1993)
Appeal against convictions for terrorism under the Internal Security Act. Convictions were confirmed, but each appellant’s sentence was reduced to two years.
Nkayi and Another v Head of the Security Branch of the SA Police, Pretoria (230/91) [1993] ZASCA 2; 1993 (3) SA 244 (AD); [1993] 2 All SA 97 (A) (16 February 1993)
The court held that s 29(7)(b) of the Internal Security Act does not impose a blanket prohibition on the disclosure of all information obtained from or relating to detainees. The term 'official information' must be interpreted in context and refers primarily to security information, not personal information about the health and well-being of detainees. Reports by magistrates and district surgeons arising from visits under s 29(9) may contain both types of information. Personal information relevant to the protection of detainees' rights and the administration of justice may be disclosed for us…
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S v Francis and Another (95/89) [1990] ZASCA 141; [1991] 2 All SA 9 (C) (26 November 1990)
The court upheld the terrorism convictions of two appellants, finding accomplice evidence against one reliable and inferential possession of weapons by the other.
Minister of Law and Order v Kader (275/89) [1990] ZASCA 111; 1991 (1) SA 41 (AD); [1991] 1 All SA 256 (A) (27 September 1990)
The court held that the respondent’s arrest and remand detention were lawful, and that section 64 of the Internal Security Act did not bar section 50(1) detention before prosecution.
S v Nel (59/88) [1989] ZASCA 87; [1989] 4 All SA 900 (AD) (17 August 1989)
The court held that the statutory offence of sabotage under section 54(3)(e) of the Internal Security Act requires proof of actual intent (dolus directus or indirectus) to cripple, prejudice, or interrupt the production of commodities. The appellant's actions were motivated by personal retribution, but the evidence demonstrated that he intended to cause extensive damage to the mine's administrative offices, resulting in significant disruption to production. The charge sheet, though omitting certain statutory language, sufficiently set out the essentials of the offence and complied with sectio…
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Minister of Law and Order and Others v Pavlicevic (55/89) [1989] ZASCA 55; [1989] 2 All SA 390 (A) (19 May 1989)
The Supreme Court of Appeal held that the appellants failed to discharge the onus of proving the lawfulness of the arrest and detention of the detainee under section 29(1) of the Internal Security Act. While the factual allegations established reasonable grounds for believing that certain conduct occurred during the strike, the affidavit of Brigadier Erasmus did not provide sufficient grounds for believing that the mental element required for the statutory offence—actual intent to achieve the objects specified in section 54(1)(b) or (d)—was present. The conduct described was typical of indust…
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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 cre…
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Attorney-General for Eastern Cape v Blom and Others (83/88) [1988] ZASCA 83; [1988] 2 All SA 592 (A) (30 August 1988)
The Supreme Court of Appeal held that the audi alteram partem principle applies to the Attorney-General's decision to prohibit bail under section 30(1) of the Internal Security Act, as such a decision prejudicially affects the liberty of the individual. The Court found no clear indication in the statute, either express or by necessary implication, that Parliament intended to exclude the right to be heard. Arguments based on impracticality, state security, and preventive justice were rejected, as the principle could be observed without compromising these interests, and partial application was…
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S v McBride (40/88) [1988] ZASCA 40 (30 March 1988)
The court upheld a murder conviction appeal ruling that no extenuating circumstances existed, finding no misdirection in considering the crime's nature and victims.
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