South Africa Case Law

S v Menze (516/87)

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

Court

Supreme Court of Appeal

Case number

516/87

Judges

Hefer, Vivier, Steyn

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…

Source excerpt

• Internal Security Act
• Possession Of Unlawful Publication
• Statutory Presumption
• Interpretation Of On Behalf Of
• Admissibility Of Evidence