R v Sodha [1911] ZATPD 12 (27 February 1911)

Asiatic - Prohibited immigrant - "Passive Resister" - Act 15 of 1907, sect.2, sub-sect.4 - Act 36 of 1908 - Interpretation of Statutes - Liberty of subject

An Asiatic who is entitled to take out a certificate of registration under Act 36 of 1908, and who enters the Transvaal after the Act has come into force, and fails to comply with its provisions, is a "prohibited immigrant " within the meaning of sect.2, sub-sect.4, of Act 15 of 1907.

In interpreting a statute the Court will not presume that the Legislature intended to curtail the rights of citizens, but if the language be clear and unequivocal, the Court will give effect to it, although the liberty of the subject be curtailed thereby.