Rex v Swartz [1914] ZATPD 119 (30 November 1914)

Reported
Flynote

Evidence.-Provincial Council Ordinances.-Judicial cognisance of
Shop hours.-Kaffir eating-house.-Power of Provincial Council to
regulate.-Act 10 of 1913, second schedule, sec. 8.-0rd. 11
of 1914, sec. 4 (2).

Case summary

The Courts will take judicial cognisance of Provincial Council Ordinances without proof thereof. A Kaffir eating house is a shop within the meaning of sec. 8 of the Second Schedule to Act 10 of 1913. Where a Provincial Council was given power to regulate the opening and closing of shops, Held, that it had power to prohibit the exercise of portion of a Kaffir eating house keeper's trade on Sundays.


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