S v Lehmbeckers Transport and Another (164/88)
S v Lehmbeckers Transport and Another (164/88) [1988] ZASCA 164 (30 November 1988)
The court held that the 29 rolls of kraft paper were new and had not yet been used as packing material. The exemption in the Road Transportation Act for 'used packing material' applies only to material that has already been used or taken into use as packing material. The evidence established that the paper was intended for future use in the manufacture of packaging but had not yet served that purpose. The court further found that the appellants failed to exercise reasonable care to ascertain whether the goods were exempt, and their reliance on the exemption was not justified. The requisite me…
Source excerpt
- Road Transportation Act
- Mens Rea
- Permit Exemptions
- Interpretation Of Statutes