IN THE SlJP:iEKE COURr OF SOUTH AFRICA

(APPELLATE OIVISION)

In the matter between

GI~LIAN ELSIE JEWELL APPELLANT

(Appellant below)

tHE STATE RESPONilJmt

(Respondent below)

RECORD ON APPEAL

against that ?srt of ths OrJer made by the Honourable Mr.

Justice ;,BYERS, Judge_President, and t~.e Honourable Y.r . Jus­

tice TH:RON, in the Cape ot lo~d Hope Provincial Divieion or

the Supre e Court or Su~th errica,on e 11th day or JlUle,

1964, d1em1ee1ng tha appeal a~e1net the sentence.

FRANK, BERNAm' &: JOffE, Appellant' e Attorneyll, u5 St . George ' s Street, CAFE TOWl;

LOVIVS 4 BLOC",{, Appellant's Attorneys, 52 Henry Street, BLOEMFQNTEIN .

'rHE ATTORNEY-G1!iE!lAL Respondent ' s Attorney, Supreme Court, CAPE 'rOWN

~HE ATTO~EY-G~RAL, ilespondent ' B Attorney, Supreme eoun, BLOEMFONTEIN .

IN THE SUPREME COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE PROVINCIAL DIVISION)

In the matter between

GILLIAN ELSIE JE"-NELL

and

THE STATE

REGISTRAR ' S CERl'IFICATE

Appellant

Respondent

I, IZAK FREDERICK REDELINGHUYS DU PREEZ, Registrar of the

Supreme Court of South Africa, Cape of Good Hope Provincial

Division , do hereby certify that this is a true and correct

copy of the record in this case .

I.F.R . du PREEZ REGISTRAR

I N D E X

CHARGE SHEET • • . • • • •• •• . .• • •. . ..• . ••.•• • • . ••

OPENli1G OF T~IAL • . . . • • •. .•• . •• • . .• •••• • • ••.

EVIDENC E :

1

5

7

4

6

RALL, Petrus Johannes .•.•.. • •. . •. • •.••. ••••

BOONZAAIER, Dirk Johannes ..•.. . . . .. • •• •••• 7 - 9

(STATE CASE CLOS~D)

JUDGr.1ENT 10 11

JFNELL, Gillian Elsie (Accused) •. • . • •• .. • •. 11 12

SI:NTE!iCE .... • • •• . • • • • • • •• .• . . . • • .... • • . • . .• 13 14

TRANSCRIBER ' S CERTIFICATE • • • • • . •• .• • •• •• • • • 14

ORDER OF sup~,m COURI' REMITTING CASE TO MAGISTRAT:: •.. , ', • • . , . . . . .. . . . . . .. . .. . . .. 15

LInTER RETURNING RECORD '10 MAGISTRATE . . • ,.. 16

SENT:8NCE . • • • •.• . •.. . . . • •.. .. •.. . . ... . •.• . •• 17 - 18

TRANSCRIBER ' S CERl'IE'ICATB •• .•• •. • . •• • .• • • •• 19

EXHIBITS :

"AU Restriction Notice .. •.. . • . ..• , . .... 20 - 22

"B" - Ce r tificat e by Secretar y for Justi c e and annexure •••.•..........• .• ,. ... 2) - 24

Letter - Liqu i dator to Frank & Bernadt , . ... . ... .. ... . .. . ... . ...... 25

"0" Antenuptial Cont r act •• . .•. .. . . • . • • • 26 - 28

"D" Lette r - Chie f Magistrat e to G. E. Jewell .. .. .. .. .. ... . .. ..... .. . 29

PREVIOUS CONVICTIONS

REASONS FOR JUDGL::.>NT

NOTIC E OF APPEAL d . d . 22 . 7 . 1963

NOTICE OF APPEAL d , d . 5 . 12 . 196)

BORGSTELLING .. • . .•. . . • . • ....•. • • . . . . •. •. . ..

ORDER OF SUPRmE COUIn: (Judgment ) .•.... • .. .

ORDER GRAtlTING BAIL • • .• • • .... • .... • .. . • • ..•

NOTICE OF APPEAL

30

31 - 34

35

36

37 - )8

39

40

41 - 42

1 . J . 174 .

CHARGE SHEET: REGIONAL DIVISION .

No. SH!R . 310 1963 . Have finger- prints been taken? Yes . Poli ce Station: Cape Town R. C. A. No. 2592 . 5 . 6).

s/A/a . Conradie

IN T"rlE COURT OF THE r,IAGISTRATE .

For the Di vision of Cape Peninsula , held a t Cape Town

10 Before W, F. van der Marl'.e, Esquire , Magistrate fo r the

said Division , on t he 22nd day of July , 1963 .

THE STATE versus

GILLIAN ELSIE JEWELL,

White Female , 33 years, Born in England,

61 , Tennant Street, Cape Town

(herei nafter called the a ccused), charged with the offence

of contravening Section 10(1)(a) read with Section 11(1)

of the Suppression of Communism Act , 1950 (Act 44 of 1950)

- ( Two counts)

20 in tha t, upon (or about) the.

_ AS per attached -

The accused, being arraigned , pleaded Guilty to both counts .

Judgment: Guilty on both counts .

Sentence : On each count 12 months inprisonment , 11

months whereof suspended for 3 years on condition accused

is not again convicted of contraveni ng the provisions

2 .

of the Suppreosi on of Communi so Ac t No . 44 of 1950

committed within that period . The sentences to

run concurrently .

FOR THE STATE :

FOR THE DEFENCE:

10 INTERPRETER :

(Sgd . ) W. F . v an der Merwe ,

Magis tra te of Regi onal Division . 22 . 7 . 63 .

lI! . N. Booys en .

Adv . Dison instructed by Fr ank , Bernadt & Joffe .

Petrus Johannes RaIl hands in certified copy of order served on a ccusad , exh:bit A.

COUNT 1 :

3 . SiVR . 310/63 .

ANNElCURE .

THE STATE VERSUS:

GILLIAN ELSIE JEVfELL . A/wjF. ,

(hereinafter referred to as the accused)

THAT the ac cused is guilty of the offence of

co~travening Section 10(1)(a) read with Section 11(1)

of the Suppression of Communism Act , 1950 (Act 44 of

10 1950), as amended .

IN THAT upon or about the 1st day of May, 1963,

and a t or near Roeland Street Prison, Cape Town, in the

district of the Cape , in the Regional Division of the

Cape Peninsula, the said accused , being a person who has

been prohibited from co~~unicating in any manner what­

soever with any person whose name appea rs on any list

in the custody of the officer referred to in Section 8

of the said Suppression of Conmunism Act, 1950 (here­

inafter referred to as the said list) , during the peri od

20 20th April, 1963 , to 29th February , 1968, did wrongfully

and unlawfully communicate with Jack David Tarshish , 11

person whose name appears on t he said list .

COUNT 2:

THAT the accused is guilty of the offence of

c ontravening Section lO(l)(a) read with Section (ll)(i)

of the Suppression cf Ccmmunism Act, 1950 (Ac t 44 of

1950) , as amended .

IN THAT upon or about the 8th day of May, 1963,

and at or near Roeland Street Prison, Cape Town, in the

30 district of the Cape , and in the Regional Division of

4.

the Cape Peninsula, the said accused being a person

who has been prohibite d from communica ting in any

manner wha tsoever with any person whose name appears

on any lis t in the custody of the officer refe r red

to in Section 8 of the said Suppression of Cou~unism

Act , 1950 ( here i nafter referred to as the said list) ,

during the period 20t h April , 1963 . to 29 th February , 1968,

did wr ongfully a nd unlawfully communic a te with Jack

Dav id Tarshish, a person whose name appea rs on t he s a id

10 list .

5 .

P. P . hands in photostatic copy of extract of

list of prohibited pers ons undar Section 8 , Act

44"sO, exhlbi t B.

Gillian Elsi e Jewell hands in copy of Antenuptial

Contract, exhibit C.

(Sgd . ) W.F . van dar Merwe , Regional Magis tra te .

Bail fixed a t RlCO pending decision on appeal .

Accused not to be releas ed on batl until the Not i ce of

20 Appeal has been f i l e d with t he Clerk of t he Court .

(Sgd . ) W. F . van dar r~erwe , Regional Magistrate . 22 . 1 . 63 .

10

6 .

On 5(12/'53:

Case remitted by Supreme Court to Jdagistrate to

pass sentence afresh.

Mr . Fagan for Accused .

Mr . Stadler for State .

t~ . Fagan address es Court . Hands in copy of letter

to ac cused - Exhibit D.

SENTEnCE:

Both Counts taken together for purposes of sentence .

ONE (1) lUOHTH 'S n.IPRISONMENT.

(Sgd . ) W. F. van der Merwe , REGIONAL MAGISTRATE .

Bail fixed at RIOO pending decision on appeal .

Accused not to be relea~ed until the Notice of Appeal has

bee n filed with the Clerk of the Court.

(Sgd . ) W. F . van der liIe rwe, REGIONAL JolAGISTRATE .

'. 0

7 .

RECORD OF EVIDENCE

PETRUS JOHANNES RALL, s . s .

PUBLIC PROSECUTOR EXAMI~~S: I ' m a Detective Sergeant

in the South African Police sta tioned at Cape Town,

your Worship.

On the 20th April this year ab out 12. 35 a . m. did you

accompany Detective Se~geant van Wyk? - - Yes.

Where to d ie you g o? -- We went to Albion Road ,

Rondebosch, where we found the accused ,

And what did you do there? - - There Sergeant van Wyk

served certain not ices on the accused .

Vlere you present? I was present .

I have before me a certified COpy of an original

notice signed by the Secre t ary for Justice , C. J . Greeff,

and sealed with the seal of the Depar~ent of Justice .

Vlill you tell the Court whether this was the oopy of a

similar copy handed to the ac cused or served to t he

a ccused? -- Yes, your ~orship , it is a certified copy .

Did she sign for it? - - No , the accused refused to

20 sign the copy , t he original of t he notice .

EXHIBIT A.

Was the original handed to her personally? -- The

copy of the ori ginal was handed to her .

By whom? - - By se::-geant va n Wyk in my presence .

NO FURTHER QUESTIONS.

~1R . DISON : No Questions .

DIRK JOHANNES BOONZAAISR, s . s .

PUBLIC PROSECUTOR EXAMINES: Mr . Boonzaaier, you are

30 in the service of the )epartment of Prisons? - - Of

Prisons, Roeland Street yes .

10

20

30

8 ,

Roeland Street , Cape Town?

Wha t are your duti es?

(verder deur Tolk )

BOONZAAIER

Yes .

Mor . Boon2aaier wat slu1t u pligte in by die

Roela ndstraat Tronk , Kaapstad? __ Dit is dat ek dit

nasi en dut al di e bl anks prisoniers . • hulle 1s geregtig

op twss besoeke per week van t wse persons en vi r ' n halfuur .

Kontrolleer H die besoeke? - - Je .

En is u ' n bewsarder by d ie tronk? -_ Ja .

~mr. Boonzaaier het u 'n lya van a1 die blanks persons

wat daar in die gevangenis aangehou "Nord te Roelandstraa t

Tronk? __ Ons hou ni e eint lik I n lye van hulle nis , dit

korn in di e ontvangsboek. word hulle opgeneel:'l .

Teken u a1 di e besoeke we t daar ' " teken u di t aan?

Ja, dis my plig om dit te doen, daarvcor i s ek verant­

woordelik .

Wet is a1 die inforrnasie wat u daar neerskryf we nneer

be soek afgel e word? - - )ie naam van di e p r isonier , watter

kla3 hy ls , naam en sdres van besoeker, verwsntskap en dan

my parafasie agter , my hand tekening agter .

Op die le ts Mel hlerdle jaar he t In sekere prisonier ,

Jack David Tarshish, In besoek ontvang? Ja .

He t u sodani ge aantek ening geroaak? Op die l ste

van l~ei 011'1 10 . 15 di e og,,;end was Jack Tarshl sh besoek deur

Miss Jewell , 61 Tennantstr aat , Kaapstad , sy het voorgegee

as In v riendin van hom .

Di ~ persoon we t vi~ Ta r shish daar be soek het , sien

u die persoon hier in die Hof? __ Ja .

Waar is sy? - - Daar is sy ,

I s di t die beskuldlgde? __ J a .

Hoe lank het di e onderhoud of die beaoek geduur? -­

In Helfuur, wet hul l e g~regtig is voor .

9. BOONZAAIER

Was dit in u teenwoordigh~id wat die besoek plaas­

gevind het? -- Je .

Op die 8ete !.lei hiErdie j all r het die g enoemde J a ck

David Tarshlsh nog 'n besoek ontvang waarvan u kennie

dra? -- Ja .

Deur Vlie is genoemde persoon op hierdie datum

besoek? -- Dieselfde dane .

Deur die be9~uldigde? -- Deur ~ le beskuldigde .

Hoe lank het die besoek hisrdi e geleentheid geduur?

10 Oak ' n halfuur.

Weer in u teenwoorc.igheid? -- Weer in my teenwoordig··

he id .

GEEN VERDERE VRAE FIE .

MR . DISON CROSS- EXAiU1GS : You were present during the

visits were you not? -- I was present yes .

They only spok e abcut their private business, did n' t

they? -- Yes, f riendly .

NO FURTHER QUESTIOI'S .

20 P . P . Your Worship. I have be f ore me a photostatic copy

of a list , extraction of a list , held by the Seoretary

t'or Justice, 14r . C . J . Gre e!! unl1er Section 8 ot' tht:! a ... ld

Suppression of Co~munis~ Act a nd this photostatic copy

is duly sealed by the seal of the Department of J ustice .

I ha.nd 1 t in as E)JU1HT B.

S TAT E CAS E

THE DEFENCE WIS!!ES TO LEAD NO EVIDENCE AS TO THE CO NVICTION .

10 . JUDGMENT

THE PUBLIC PROSECUTOR ADDRESSES COURT.

JUDG1:ENT

You are charged with two counts of having contravened

Section 10(1)( a ) re ad wi th Section 11(1) of the Suppression

of Communism Act , :950 (Act 44 of 1950 ) as amended .

Firstly , in that upon the 1st day of blay, 1963 , and at or

near Roeland Street Prison , Cape Town , in this Regional

Division, you bei ng a person prohibited from communicating

10 in any manner whatsoever with any person whose name appears

on any list , in the custody of the officer referred to in

Section 8 of t he Suppression of Communism Act , 1950, did

ollring t h e p erl nrl ?Ot,h Apri] > J 96) "'_nil t he ?9th FAhru"·T'Y .

1968, wrongfully and unlawfully communicate with Jaok

20

30

DaVid Ta rshish, a person whose n~e appears on the sa id

list . And secondly , tha t for the same reason as set out

in the first count, you contravened the aforementioned

Section of the Act 'by having communicated with the said

David Jack Tarshish on the 8th day of May , 1963.

No evidence has been led by the Defence and you

pleaded guilty to both these count s .

The State has proved firstly that the order prohibiting

you from communica ting in any way wha tsoever with any

person whose name appears on the list ~entioned in Section

8 of the Suppressi on of Communism Act was duly served on

you a t 12 . 35 a . m. on the 20th April, 1963 . And secondly ,

that the name of J ack David Tarshish appears on the list

held by the secretary for Justice in teres of Section 8

of th, Suppression of Communism Act and thi rdly, that

on th, " t day of May . 1963 and again on the 8th day of

May, 1963 . you visi ted Roeland Street Prison and spoke to

11 . JUDGMENT J EWELL

the said Jack David Tarshish on both occasions . This

evide nc e proves the charge tha t has been brought against

you and there has been no contr::l.d i ction by you at all

of the evidence g iven by the Sta te wi tnesses a nd the

Court therefor e finds you GUII,TY on both these counts

as charged .

PREV I OUS CONVI CTI 0l1S ADMITTED BY THE ACCUSED.

The Defence cal l s in mitiga tion -

GILLIAN ELSIE JEWELL, 8. 8.

10 MR . DISON EXAMINES: Miss Jewell , you a re the ac cused?

20

30

What was the relationshi p between your self and Mr .

Ta rsh lsh ment i oned in the char ge? We loved one another .

Did you pl a n to get married? Yes , we did .

Ylill you look at this docUl:lent - is that a copy of

the Antenupti al Contract that has bee n drawn up between

the two of you? -- Yes , it is .

I hand that in (EXHIBIT C).

Have you app~ied f or permission to ll',arry

blr . Ta rshish? -- Twice .

Permission has not bee n obt a ined? -- l~o .

On the occ asions mentioned in the charge you w~nt

to Roeland Street Gaol , I understand that you took

with so~e food? -- Yes .

And you a sked the permission to see ~ir. Tarshish

froo the Prison Authorities? __ Only from the warders .

You ' ve heard !dr. Boonzaaie r ' s evidence to the effec t

that you just had a friendly conversation about personal

matters - do you agree with tha t? -- Yes.

NO FURTHER QUESTIONS .

10

12 . JEWELL

PUBLIC PROSECUTOR CROSS - EXAMINES: What i s the date on

the Antenuptiol Contrac t ?

.Q.Q!!1!.!: 3rd June .

U . This yea r? When did you apply t o marry l~r . Tarshish?

-- On the 6th of May . The Chief Magistra t e of Cape Town

was se en before the 6th but he s a id applica ti on had to

be made to the Secretary of the Ministe r of Jus t i ce . Thi s

was done so he sal d applica tion ha d to be made to the

Minis t er himsel f a nd this wa s done also on the 6th .

NO FUR~~ER QUEST I ONS.

COUR T: When did you see the Magis tra t e of Cape Town? --

I didn ' t s ee him, ~~ Lawyer did .

You don ' t know when that was? -- No , I don ' t .

Could you s ay whether it wa s be fore • ... -- It wa e

be tween the 1st and the 6th .

So tha t i t was betlTeen the 1st a nrl the 6th of May

tha t the interview wi t h the Magistra te took place and also

the appl ic ation to the Secreta ry f or Justice? -_ Yes , I

t hink I ma de a mi stake . I think it wa s the Ac t i ng Chie f

20 Magistra te of Cape Town , the Chief Magistrat e was away .

MR . DISON ADDRESSES COUn T IN j,iITI GATION .

10

20

13 .

SENTENCE

You have been convic t ed of failing t o comply wi t h

the provioi o~o of an order served upon you under t he

prevention of Communism Act in contravention of Se ction

lOt 1) (a) Act 44 of 1950. The Court has heard the evidenc e

and i t 1s proved fro~ the evidenc e you did not discuss any

matter which could in any way be called content ious with

Mr . Tarshish on the occasions t ha t you saw him. But you

were well aware of the fact that you had no right to

communicate with him at all or with anybody else who is

listed and wha t is more the orde r se r ved upon you made

special provision - there is a note endo r sed on it -

"the Magistrate of Cape Town , has in terms of Section

10(1 )(a) of Act 44 of 1150 been e~powered to authorise

exc eptiors to the prohibi t ions contained in t his not ice . "

Now if ~pplic ation had been made to the Magistrate by you

for pennission to see Mr . Ta.rshish and that pennis.<::ion ha d

been refused and you ' d thereupon gone to see him without

permission , the Court would have oonsidered t hat as being

a very strong mitigati~ factor in the circumstances .

But here we are dealing with a case of a lthough knowing

that you had no right to see him , you nevertheless went

t o see him without in any way attempting to obtain

permission to do so . In other words , you did not take

any notice at all of the notice of prohibition served

upon you and that means tha t the offence a s cocrmitted by might

you on these t wo occasions 1s no t as small as onelotherHise

expect it to be . The Court feels t hat where ther8 is a

del i berate dioregard for a no ti ce se rved upon you in a

)0 case like thi s , t hen the Court cannot treat the person

who does thut us leniently as the Court would in the

or dina ry circ~stances had at least an attempt been made

10

14 . SENTENCE

to try and comply with the provi sions of the order . In

any event the nature of the conversation was such that

the Court is satisfied that no harm has been done . The

Court will t ake into consid0ration the fact the p revious

convictions which you have admitted do not really bear

any relation to the present offence at all . In the

Circumstances the Court sentences you on each of these

c ounts to 12 months im~risoTh~ent . 11 months whereof will

be suspended for the period of 3 years on condition

that you are not again convicted of any offence under t he

Suppression of Communism Act committed within the period

of suspension, both sar.tences to run concurrently .

I, the undersigned , hereby certify that the afore­

going is a true and correct transcript of the original

evidence recorded by ~echanical means in the case of

THE STATE versus GILLIAN LLSH JEWELL.

L. K. HATTInGH TRANSCRIBER

20 CAPE TOWN . 28th Augus t, 1963 .

10

15.

Supreme Court Case No . A & R. )77/63 .

Magistra te ' s Court : CAPE TOWN.

Police Station : CAPE TOWN .

R. C. A. No . : 2572 . 5 . 63. Case No. SH/R310/63 .

F . P . No. 126847/63/1'1 .

IN THE SUPREME COURT OF SOUTH AFRICA

( CAPE OF GOOD HOPE PROVINCIAL DIVISION)

In the matter of

GILLlAH ELSIE JEWELL , w/F . Appellant

versus

THE STATE

HaYi ng heard Couns~l for the Appellant and Counsel

for the State , and having re ad ~he record in the Appeal ,

THE COJRT ORDERS:

1 . That the appeal be , and is hereby upheld ;

2. Tha t the s ent ence t~ , and is hereby . set a side and

the case remitted t~ the ~mgistrate to pass sentence

afresh ;

20 3 . That ba:il to sta nd -. .lntil the Magis tra te re- imposes

sentence .

BY ORDER OF THE COUR T.

(Sgd . ) M. L Lourens .

CAPE TOWN MONDAY . 18th nOvEUBER, 1963.

... ./

10

REGISTERED :

The Magistra te ,

CAFE TOWN .

16 .

Your original racord a nd copies ere returned

herewith , one co py i s b~ ing: r e t ai ned in this office for

record purpose s .

A verba tir. oopy of the j l.< dgr;w nt follows .

( Sgd . ) M, J . Lourens .

ASSIS TANT REGISTRAR .

17 .

AnV . FAGAN ADDRESSES COURT.

AllV. FAGAN H,\Fns III COrY OF A Li.:TrER - EXHIBIT D.

ADV . FAGAI; COtiTINUES ADDRBSSING COURT .

SENTENC E

The Court was brought under the mi s t aken impression

th:... t there was a minimum penalty appli cable in respect

of these two charges ; that was the reason why the Court

had to impose a sentence of twelve months i mprisonment on

10 each of the two cha r ges and why most of the impr isonment

was suspended , However, it is n O"1/ se ttled tha t there is

no minimum penalty appli cable to an offence under this

Section and the Court feels therefore that bo th the se

charges should be tre !l. ted as one for the purpose of

sentence - -:'hst W(l.S in f:3.ct the pur pose why th() sentence s

on t t.e previous oc casion were ordered to run conourrently .

The Court will therefors trsa t the t·NO count s as one for

purpo se of sente nce and just impose one sentence in respect

of both these charges .

20 It has been stated by Mx . Fagan, and he has produced

to the Court a copy of a letter addressed to the Accused ,

tha t she is now all owed by the Minis ter to see M!". l'arsh1sh

so that in other words the contravention is not viewed by

the aut horities in a se riOUS light _ the Cour t accepts

that as correct and for the reasons ment ioned by ~~ . Fagan

the Court feels that i t should not impose a suspended

sentence in the circumstances of the c a~e as now shown .

But the Court nevertheless feels , as was pointed out

previously , that where an order is served upcn a person

3:) and that order prohibit s a person f r om doing something

18 . SENTENCE

and then the terms of that order are contra vened

without any attempt w)-.atsoever to try and obtain

relaxation of the cond1 tions imposed , that that is a

serious matter . On the eVidence of the Accused given

in mi tigation, it is cleal'ly shown that the application

or the intervie w I'll th the Acting Chief' Magis t rate in

regard to the application for marriage between the

Accused and Mr. Tarshish, t hat intervi ew took place

between the 1st and the 6th of May , 1963 , in other words

10 between t he two dates on which the offences were cOnu:littcd.

It is also clear , here again on her own evidence , that

she went to the prison to take r~r . Tarshish some food and

then she asked the wsriers for permissi on to see hir:l .

The Accused kmm that she could obtain a var iat ion of

the orde r served upon her if she applied fo r it , but she

never did so and the Court feels that u deliberate dis ­

rega~d f or un order of this nature is so~e thing that no

court of law can countenance . Therefor e the Court feels

that to impose a sentence which will have the effect of

20 letting thc Accused gc cff s cot- free , will not be correct

in the circ~~tances . Taking al l the circumstances into

considera ticn, the Court feels that a short sentence of

imp risop~ent is the correct sentence tc be i mposed and

the Accused is sentenc6d to cne months ' imprisonment .

1m . FAGAN ADDRESSES COURT.

BAIL GRANTED _ RIOO

10

19 .

I , the undersiene J , hereby certify that the

aforegoinb is a t rue and correct trsnscript of the

original evidence re corded by mechanical means in the

cas e of :

TnE STATE ve::-sus GILLIAN i:LSIE JEWELL.

Cape Town . 26 th December, 1963 . S . TJ:RBLANC!iE .

TRA!'SCRIBER .

20 .

EXHIBIT A.

In terms of sub- section (1) of section two hundred

and Rixtv- th~ee of t he Criminal Procedure Act, 1955

(Act No . 56 of 1955), I certify the a ttached document

to be a true copy of ~he original notice which is

under my control .

9.QEf .

(Sgd . ) C. J . Gr eeff , SECRETARY FOR JUSTICE .

10 TO: GILLIAN E1,51E JE'iELL , 61 Tennant St ree: , CAPE TOWN.

NOTICE IN TERMS OF PARAGRA?H (a) OF SUB-SECTION (1) OF SECTION TE N OJ' THE SUPPRESSION OF COMloITmI SM ACT,

-rgSO (ACT NO . 44 OF 1950)

WHEREAS I t BALTHAZAR JOHANNE~ VORSTER , l~i nister

of JU$tice of the Republic of South Africa , am sa tisfied

that you are engaged :n activities which are furthering

or may furt her the achieve~ent of the objec t s of

20 communism, I hereby , in terms of paragraph (a) of sub­

section (1) of section ~ of the Suppression of

Communism Act , 1950 (Ac t No . 44 of 1950) , pr ohibit you

f or a pe riod commencing on t he date on wh i ch this no t ice

is delive r ed or tendered to you and expiring on the

29th day of February , 1968 , fro~

(a) absent ing yourself fro~ the magisterial

distriot of the Cape ;

(b) bei ng within -

(i) any area set apart under any l aw fo r the

30 occupat ion of Coloured or Asiat i c pe r sons ;

20

21. EXHIBIT A (Contd . )

(ii) any location , native hostel or native

village as defined in the Natives

(Urban AreES) Consolidation Act , 1945

(Act No . 25 of 1945) ;

(11i) any native compound;

(tv) the premises of any factory as defined in

the Factories , Machinery and Building

Work Act , 1941 (Act No . 22 of 1941) ;

(e) communicati ng in any mann~r wha tsoever with any

10 person whose n8.llle appears on any list in the

custody of the officer referred to in section

eight of t he said Suppression of Communism

Act, 1950, or in respect of whom any prohibition

under the said Suppression of Co~munism Act,

1950 , or the Riotous Assenblies Act , 1956 (Act

No . 11 of 1956) , is in fo rce .

Given under m:J h::mc a t Cape Town on thi s 20t h day

of February, 1963.

~:

SIGNED: B. J . VORSTER , MINISTER OF JUSTICE .

The Magistrate , Cape Town , has in terms of section

10(1)( a) of Act No . 4L of 1950 been empowered to

authorise exceptions to the prohibi tions contained

in this notice .

Ek sertifiseer dat ek die oorspronklike van hierdie

bevel op Gillian Elsie Jewell bestel het om 12.35 v . m.

op 20/4/63 by haar woonplek te Albi onwe g , Ronaebosch

22 . EXHIBIT A (Contd . )

in die teenwoordig heid va n s/SerJ t. P. Rallo Sy het

geweier O~ ci e afskrif te teken .

KAAPS TAD . 20/l;./6) .

GETEKEN: ? VAN VlYK , S/SmST. 24397 .

GETUIE: P, J . RALL . 22391 S/Serst .

10

23.

EXHIBIT B.

I , CASPARUS JOHAN/BS GREEFF, Secretary for Justice ,

hereby certify

(a) th~t I have been designated by the Minister

of J ustice under section eight of t he

Suppression of Communi sm Act , 1950

(Ac t Ho . 44 of 1950) , to keep in my

cus t ody the lis t s compiled under sub­

section (10) of section four and Sub­

section (2) of section seven of the said

Act;

(b) that the reve r se s ide hereof is a photosta tic

copy of a por t io~ of a list in ~ custody

under the said section eight; and

(e) tha t the annexure hereto is a photostatic

copy Of the notifi cation in re spect of

J a c k David Tarshish, referred to in the

said list .

Given under my hand a t Cape Tovm on this 24th day

20 of May , 1963 .

(Sgd.) C. J . Greeff , SECRETARY FOR JUS TICE .

Tho Suerot,ny f or J ustice, P~laee of Justico, PR i:. T,J R I A.

,;:01 1111'1' ,. RJ.Pf.&:/:Cl:: I,:) . )/1/50 a..::n .

l!df!1 28 . 12 . 1951.

~ 82.

In tar::l6 of soe tion 8 of I.c'!. 44/50 , aa a;:.onded. , 1.1'118 conat11.utos pb£c 82 of t h" liat of which you l'Ir..vo ho~n appointod. custodian of pors<I:'.s .,,1'10 alii "1' hav" l),)~n orfioo- he8r;) r a, officorll, ::lo::lb.:.,-s "f .. " t ive supporter s of th" C(lQ;lUnlet PIlrty of South ;.triea ;;hiet. !las huon :l.oolsrad fln unla'.7ful ortlaniza1.ion in tQr= QI s ... etion 2(1) of tho Act .

:;0.

30'

Copios of notificatior.a to ,1'10 parsons and/or thoir AttUTnuys ar.:. attac!lGd .

:;, ....... .odD ALLlJ..S..s . 1l1l'.s .I< t't..\C1:. UF BlRI'1!

'mloatloy, L. J . , Dickio (lli-.) J.hout l;il) P" r t 1;01101.1'1 , C. P.

.Ll...§...!.

N..1'IO!~"L I1'Y •

5 . .1. . Born CeleuNd .

(Sgd . ) J . lkI V . Lo""", , LqUliJA'l"Oli ACT 44/50

OCI.:UPA'l"IJ,' .

,,!,,chino Ol"-rotor

L4S1' K:'07i,' JJ)DRESS . Hi.:F . ;;,J .

c/" J. Ovonutona ' lI 2/JO/313 F;sl'l C ".,,11'16 Co •• Port Nollct\;.

~ " H

" H

" W

,J5 TorS!lich, Jack David (:.rr.) l~ · 9 · 19d !> . !l . Cit i;;;"n Sa1u'K,sn . "'l'Nnthw:.", "v.;: La 2/5uj}'J1. Poland , ':"r01>""n .

307 Van Huh ... n , Jdntthias Johannes (Mr. ) 1\ · 5 · 1)J8 S , A. Clti;,en Transvaal . :i.ur ovoan .

\!ou l d"r, S . / •• R. '" Ii . iiol'koh"ps, Pretoria.

1".1'<');,'1., JUl. Point, Cali<l Tom>.

11 Joint StNot, ~1.8t Park, p~.'to1'1a .

2/50/396 .

N ~

25 .

EX}fIBIT B.

REGI STERED . 2/50/351.

28 . 12 . 1951.

Gentlemen,

Act 44 of 1950 as a~ended by Act 50 of 1951 : !.~r . J a c k D. Tarshish .

Ha ving now af forded your client a reasonable

opportuni ty of showing why his n=e should not be 10-

eluded in the list whicp I have been direc ted to prepa re

10 of persons who are or hav" 'it :lny time before or after

the commenc€r.lent of the Act been office- bear ers ,

officers , ner.lbers or acti ve supporters of the Conmuniat

Par ty of South Africa which has been declar ed an unlawful

organisation by Section 2(1) of Act 44 of 1950, as

amended , you Ilre hereby notified tha t I have this day

included his name in the list on the grounds that he

ha s been a l!'lcmbc,r, office - bearer and a ctive supporter

of the said organisat:on .

Your a ttent ion is direo tGQ to the provis i ons of

20 Section 8 of Act 44 cf 1950, as amended , and to the

fact that t he Se cretary f or J us ti ce , Palace of Justice ,

Pretoria, has been desi gnated custOd i an of the list .

I hsve t he honour to be , Gentlemen ,

Your Obedient serva nt ,

(Sgd . ) J . de V. Louw, LIQUIDATOR : ACT 44 OF 1950

Mes s rs . Frank & Bern~dt , At t orneys ,

)0 P . O. Box 252, CAPE TOWN .

26 .

EXHIBIT C.

I ce rti f y th~t the original hereof presently filed in ~y

protocol bear~ revenue 3tanps to the value of R2 . aO duly

cancelled .

(Sgd . ) n. Bernad t , NOTARY PUBLIC .

:.NTEN"JPTIAL CONTRACT .

KNOW ALL ME N WHOM I T MAY CONCERN .

That on thi::> the 3rd day of JUNE in the Year of Our

Ie Lord One Thousand Nine :-iundred and SIXTY THREE (1963)

he fore me HIMAN BER!lADT Provinc e of t he Cape of Good

Hope Not a r y Publ ic by lawful authority dul y sworn a nd

admitted and in the presence of the SUbsc ribed Witnesses ,

personal l y came und appeared

GILLIAN ELSIE JEWELL (Born 17th October , 19 30) Spinster

and

JACK DAVID TARSHISH (B·)rn 25th Septembe r , 1 9 21) Bachelor

both of Cape Town .

And the Appe arer s decla r e d that wherea s a 14arriage has

20 been agreed upon, and is intended to be short ly had and

sol er.mi zed betwesn the sa id intended Consort s ,

GILLIAN ELS IE JEWELL a nd JACK DAVID TARSHISH

they do , by the se p resents, contrac t, and agree , with

each othe r , as follows: -

FIRS T: That there sh~ll be no Community of Property ,

or of Profit or LOGS , between the Sl id int ended Consor t s ,

but that he or she shall r espectively reta in a nd possess

all his or he r esta te a nd effec ts , movable and immovable,

10

20

27 . EXHI BIT C )C ontd . }

in posses s1. on , reversion, expecta ncy or contingency ,

a s fully and effec:ually as i f the s a id intended

lJa rriage did not t (lke pl ace .

~: Tha t ~he one of them shall not be

answera ble fo r the debts and engagements of the

other of t hem, whe t her cont r a cted before or after

the s a id intended ~rriag~ .

THIRD: Tha t a~l inheri tances , lega cies , gifts,

or beq\Aests , whi ch may devolve upon, or be left ,

given , or bequeathed to either of the s a id intended

Consorts , shal l be the sale and exclusive property

of hio or her upon or to whom the same shall devolve

or be left , given, or bequeathed .

~: That ea ch of the sa id intended Consorts

Shall bo at full liberty to d ispose of his or her

property and effect s by wil l , codicil or other

testamenta ry disposi tion, as he or she may t hink

fit , without t he hindra nce or interf~rence in any

manner of t he othe~ of them , a nd that the ma rital

pOl'lor which the husband by law possesses is expressly

excluded , a nd he is hereby deprived of i t over the

esta te of his sa id intended spouse .

UPON whieh conditions the sa id intended consorts

respectively promise and agree to solemnize their con­

templated marriage , and respectively to ao t up to the

t enor of these present8 unde~ obl i gation of their persons

and property according to Law.

THUS DONE , CONTRACTED MID AGREED AT CAPE TOWN THE

10

28 . ~HI.sIT C ('::ont d . )

DAY lJONTH AND YEAR FIRST BE:PORE '.'lRI TTEN, I N THE

PRESENCE OF TKE UNDERSIGN~D -IiTNESSr;S .

AS WITNESS t o JACK DAVID TAR3!USH

1. ( Sg d . ) ?

2 . ( Sg d . ) ? (Sgd . ) J . D. Ta rshish.

A ... \'I: TNESS TO GIlLIAiI ELSIE J EWET,L

1. ( Sgd.) J . Jeffries .

2 . ( Sgd . ) ? ( Sgd . ) G. E. Jewell , QUOD ATTESTOR

(Sgd , ) H. Berna dt , NOTARY PUBLI C.

10

20

30

29.

No . 17(33(4/4/12 , EXh . "D" .

REPUELIC OF SOUTrl AFRICA

Magistrat3S ' Office ,

CAPE TOWN .

14th November , 1963 .

l4iss G. E . Jewel: , 4 D King ' s Buildings , King ' s Road , SEA POIN·T.

Madam ,

Wi th rofcrence to your letter of the 9th

August, 196) , I beg to inform you that the Honourable

the Minister of Justice ~dvise8 that Mr . Ta rshish 1s

a t present entitled to one visit every six months

only and you will be permitted to visit him

a ocordingly until he is entitled to further visiting

privileges, The pe=ission to visit is subject to

the condition that meetings t ake place in the presence

of a member of the Security Branch of the South African

POlice .

In view of the notice in terns of Section 10(1)

(a) of the Suppression of Communism Act, 1950, which

is in force against you it will be ne cessary for you

t o obtain permission to absent yourself fro!!! the

Mag isterial dist rict of the Cape . The Honourabl e the

l.linister has indica ted that you ma y "pply to me for

this permission on each occosi'ln tha t you want to lea ve

this district t o visit Mr. 'l'aruh:' sh .

Yours fait hfully ,

(Sgd . )

( Chief Magi~ trate of Cape Town) .

10

20

30

30 .

PREVIOUS CONVICTIONS .

Court and Date of Place of Sentence Trial.

A. Cape Town . 17 .11 . 61 .

1l . 5358(61.

Reg .

Cape Town . ? 130/62 .

28 .11 . 62

Sentence

R60 or )0 days Imp . of whic h

R30 or 15 days

i3 suspended

for 2 years on condition accused docs not in this ti~e conmit a n

offence of II.. I . to

prope rty a nd

pays the Dep t .

of Publi c wo rks the a~ount of RI?

Offence .

M. r. to

property

wall of

Govt . Buildings .

on or befo re 1 . 12 . 61 .

R15 or 15 days

IIU, : Con . Sub

Sec . (2) of

Ca.~e Town

:1unicipo.l

Regulati on

Unlawful

in protest agains t a

law.

1938 promulgated under Provincial Noti ce No . 337 dated 15 . 8 . 46 under provisions of

Ord . 10/1912 R/ w Sect . 1 , 4 , , & 6 of

Act 8/1953 .

10

31.

IN THE MAGISTRATE ' S COUllT FOR THE REGIONAL DIVISION OF THE CAPE PENIIISUL A HELD AT CAPE TOWN .

CAS:G NO. R. 310/63 .

In the matter of :

THE STATE

versus

GILLH .N ELSIE JEWELL

Contravening Se c tion 10(1 ) ( 9. ) read wi t h Section 11(1) of Aot No . 44 of 19 50 , as amended - Two counts .

The acoused appeared before me on the

22nd J uly, 1963 , on the abovementioned charges .

She was legally represented and pleaded guilty

to both counts.

At the conclusi on of the trial she was oon_

vic ted . She sdmt tted two previous convictions and was

sentenced to twelve (12)months i!!lprlsonrn ent , eleven (11)

mont hs whereof suspended for t hree ()) years on condition

20 .. h .. 1>; BoL s!,;s i,j convie L."l lJ-f >< c<Jutr>1v .. "tlun oi' t h e

provisions of the Suppression of COr.1/Dunism Act No . 44

of 1950 , committed within that peri od , on each count ;

the sentences to run concurrently .

The accused now appeals against t he sent ence

imposed; it being all eged that the sentenc e is excessive .

At the tri al I delivered an extempore judgment

which was J:'lechanical1y recorded and now appears on (10) (11) (13) (14)

pages 4 to 5 a nd 7 to 8 of the typed record , a nd I

32 .

respectfully request that this judgment be incorporated

herein.

I do not wi«h to add anythil".g thereto, a s the

reasons for ir.lp osing th e se ntence have been fully

se t out .

DATED AT CAPE TOWN, THIS 31ST DAY OF AUGUS T, 1963 _

( Sgd . ) 'iI ,F. van der l,jerwe,

REGIONAL MAGISTRATE .

10

)) .

IN Tire MAGISTRATE ' S COURT FOR THE REGIONAL DIVI SION

.f,EI,D AT CAPE TOWN .

CAS~ NO. R. 310/196) .

In the ~atter of :

C!-'.ARGE :

T'E STATE

VGraue

GILLIAN ELSIE JEWELL.

Contr avening Section 10(1)(8) read with

Scct i on 11(1) of Act No . 44 of 1950 , a s

amended - 'l:wo c ounts .

The accu~cd appeared before me on the 22nd July ,

1963, on the abovementioned chJ.rges and was convicted

and sentenced .

She t hen appealed against the sentence imposed , and

on the 1 8 th NovcJ:lber , 1 96 3 . the appeal \'las upheld the

sentence set aside , and the case remitted to this Court

for passing sent ence afresh .

The accused again appeared before me, in pursuance

to thi9 order , On the )rd Dec o'1lbe r, )9fi ) , a nd aftar h er

20 counsel had addressed the Court in mitigation , she wa s

sentenced to one (1) months ' s imprisonment on both

counts jointly .

She now appeals against this s ent ence , it being

alleged tha t in all the circumstances the sent ence is

excessive.

34 .

The reasons for imposing the sentence were re ­

corded by !:'.cchcmical means ::tnd now appear on paGes (17) (18) 12 to 13 of the typed record, and I respeotfully re -

quest that these reasons be incorporated herein , as

also my ex

appearing

record .

tenpore judgment of the 22nd (10) (11) (13) (14)

on pages 5 to 6 and 8 to 9 of

July , 196) ,

the o1'1g108J_

I do not wish to sdd anything thereto except

that the Court could not agree with oounsel ' s submiosion

10 that the oontravention did not meri t a Plo1'e severe

punishment than that the accused be detained until

the rising of the Court . There was a deliberate d1s-

regard for the provisions of the order served upon her ,

ood t he Court felt tha t the ~entenoe to be i~po~ed had

to act as a de terrent to the accused and tc others .

For that and previously menticned reasons the Court

felt that , whilst allo'Ning fo r all the factors urged in

mi tiga ticn , the sentence had to be such as to impress

upon the acoused the gr",vity of her ccntravention , a nd

20 she was sentenced to one (1) r.lOnth ' s imprisonment on

both counts jointly.

DATED at CAPE TO\'It'/ this 6th day of J AllUARY , 1964 .

(Sgd . ) YI . F . van der Merwe.

REGIONAL MAGISTRATE .

10

20

35 .

IN THE REGIONAL COURT FOR T:l:E DISTRICT OF TnE CAPE HELD

A"r CALEDON SQUAHE, CAPE TOWU .

In the r.mtte:' between: -

TrG SrATE

versus

GILL!All JE'I.'ELL

NOTICE OF APPEAL

KINDLY TliJCE NOTICE that t he abovenamed Accused

hereby notes an appeal against the sen t ence imposed upon

her oonsequent upon h~r conviction in the above Court on

the 22nd July, 1963 , on the following ground :-

The sentence is in all the circumstances excessive.

DATED ~t Cape Town thi s 22nd day of July , 1963 .

~rank, Bernadt & Joffe , per: (Sgd . )?

Accused ' s Attorneys , 85 St . George ' s Street , Cape Town .

To : The Clerk of the Regional Court , Cape Town .

10

36.

IN TI:E REGIOIIAL COURT FOR TP.E DIS'TRIGr OF THE CAPE

HELD AT CALEDOll SQUARE , CAPE TOliN .

So/H, ) 10/196) .

II' the Il'stter b:! tween :

THE 5T.-1.T'8

GILLIAN JEWF,:.L .

NOTICE Ot' APPEAL

KINDLY TAKE !lOTICE t hat the ab ove named Accused

hereby not es un Appe al againot the sentence i~pcsed

upon her on 5th December , 196) , co nsequent upon her

corNiction in th e above Court on t he 22nd July, 196) ,

on t he following grou:1.d:-

The sentence is in all the c 1rcu~s tances excessive .

DATED at CAPE TO",iN this 5th day of DECE:,IB~R . 1963 .

FRAHI{, :S;~RNADT & JOFF": ,

Pel":

20 Accused ' o Attorneys , 85 St . George ' s Street , CilPE TOWlf.

To: Th e Clerk of t he Regional Court , CAPE TDi'IN .

]7 .

SHlR . 310/63 .

:!30RGSTELLING .

In di e saak 'fO.n d:'e Staat teen Gillian Elsie Jowell

skuldig bevinrt deur die Landdrofl te " R" Hof . Kaapstad

op die 22ste dUJ van Julie 1963 op ' n klagte van

a/A 10(1)(a) vun dJ.e Onderdrukking van f...ommunisme , Wet

44 /1950 (tYiec kla$te 8) en ge\onnis tot 12 maande

gevangenlsstraf waarvan 11 muunde opgeskort is vir 3

jaer op voorwJ;arde dat beskul di:,'le nie weer skuldig

10 beyi nd word 'l~n ' n verdere klagte van genoemde misdaad

nie gedurende tydperk v~n opskortlng .

:':enhonderd (RIOO . 00) Rand gede poneer deur 1. Vukic .

Skriftelike kennisc;ewingo moet gerig word aan

Frank, Bernadt & Joffe , St . G~orgesstraat 85 . Kaapstad .

22 . 7.63 .

BORGSTELLING

Di e Staat teen GILLIAN ELSIE J~flELL

sku1dig bev1nd deur die Landdros , "R " Hof , Kaapstad

op die 5d e dag van Des ember 196) op ' n klag t e van

O/A 10(1)(a) \·,~ t 44/1950 - Ondcrdrukking van Kornmunisme

en gevonnis to t ~en maand Gevangeni satraf .

Een hondred ( Rl0e . CO) gede poneer d~ ur L Vukic .

Skrift el1ke kenn1sgBw1n3S moet ger1g word san

10 Frank , Bernadt & Joffe , St . GO::lorgesstraa.t 85 , Kaapstad .

5 . 12 , 6).

10

20

39 .

Supreme CO-lrt Ca9~ No . A. &: R, 12/64

Masistrate ' s Court :

Pol1ce Stati on:

R, C.A . no . :

F .P . No . :

CAPE TO".'IN .

do .

2572 . 5 . 63

126847/63/ W

n; THE SUP RUlE COU:tT OF SOUTH AFRICA (CAPE OP GOOD !'iOPE PBOvnCIH DIVISION)

In the matter of

GILLIAIi ELSIE J~IELL

versus

THE STATE

Case No . SH/R 310/196 3

\'IIF Appe lle.n t

Having heard CounaJl for the Appe llont and Counsel for

the St"t "", and having re a d t he record in the App"lll ,

THE COURT ORDERS

1 . Thot t he appeal be and is hereby dismissed;

2 . Thet the c onviction and sen t ence be and a re

hereby confinned; and

3. That leave be and is he re by g r :m te d to the

Appellant to appeal to the Appellat e Division on the

question of sent ence .

BY ORDER OF THE CODro:

( Sg d . ) M.J. lOURENS ASSISTAN~ REGISTRAR.

CArE TOWN, THURSDAY, 11th JUNE, 1964 .

NBI NO REAsons FQR ,JUDGYlEllT WERE GIVEN

. !!! ..... ",2NS MATT ER •

10

20

40 .

A. So R. 12/1964

IN THE SUPREME COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE PRQVECIAL DIVISION)

CAPE 10';111, Thursday, 11th JW1e, 1964 .

Before t he Honourable ~~ r . J ustice Beyers, Judge - Prea ident, and the Honourable ~r . Justice Theron .

Be tween :

GULIAtT ELSI E

end:

T¥.E STATE

JE:>'/ELL Applicant

(Appellant)

Respondent

Havi ng heard Mr . Jisen , Couneel fo r the Appli can t

(APpellant) and ~ r . NHthling on behalf of the St a t e on

en application fo r leave to appeal to the Appellate

Divi oion against the jud,;ment of t hio Court delive red

on this day d1sm15aing ttc Applicant ' s appeal and COn -

firroing her conviction and sentence ,

T:!E COURT g rants leave to the Applicant (Appellan t )

to appea l to the Appe l late Divi sion on the question of

eontence and

orde r s t ho t ba i l do s t and pending the

aaid appeal.

(PRAm:, B. &: J . )

BY THE COURr

(Sgd . ) M. J. LOUR..."'NS

ASSIST ANT REGI S'l'RAR

10

41.

IN THE SUPREME COUR! OF SOUTH AFRI CA (APPELLATE DIVISION)

In the ~atter of :

GILLIAI' ELSIE JEWELL

and

THE STATE

NOTICE OF APPEAL .

Appellant

Respondent

PLEASE TAKE NOTI CE that the Appellant he reby

notes an Appeal to the Appellate Division against that

part of the Ol'der in which the Appeal against sentence

was dismissed, g r anted by their Lordsh:ps, the Honourable

Iii I' . Justice Beyers sitting with the Honourable Mr . Justice

The ron in the Cape of Good Hope P rovinci ~l Di vision of the

Supreme Cou rt of South Africa, on the 11th day of June,

1964, in a matter in which en Appeal against the sente:1ce

of the Cape Regional Cou rt Magi strate, Cape Town, passed

on the 5th December, 196 ), was dismissed and the conviction

20 and sentence were confi rmed; leave to appeal against the

30

said part of the jud~ent having been grunted by the Cape

of Good Hope ? rovincial Division of the Supreme Court of

South Africa on t he 11th ,June, 1964.

DATED at CAPE -TOWN This 19th day of JUNE, 1964 .

FRArTK , BERlIADT & JOn'E,

per: Appellant ' s A ttcrneys , 85 St . George ' s Street, CAPE 'TOWN .

42 .

To: The Registrar, Appellate Division of the Supre~e Court, ELOE:.1FONTEIN .

And to:

The Registrar of the Suprer.1e Court, (Cape of Good Hop~ Provincial Division) Keerom Street, CAPE TOWN .

And to:

The Attorney Genera: for the Cape Province, Keerom Street , CAP::: TOWN .

LODGED BY:

Messrs . Lovius & Blo c k, Warden Buildings , 52 Henry Street, BLor::f?O['TEIN .

RECEIVED NOTICE

.. . .... .... , .... ... ......... . m:GrSTRAR APPELLATE DIVISION

RECEIVED NOTICE

REGISTRAR CAPE P ROVI NCIAL DIVISION

RECEIVED NOTICE

ATTORNEY GENERAL, CAPE PROVINCE

Collection Number: AD1901

SOUTH AFRICAN INSTITUTE OF RACE RELATIONS, Security trials Court Records 1958-1978

PUBLISHER: Publishe,.- Historical Papers, University of the Witwatersrand Location:- Johannesburg ©2012

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