John M’tati v Rex [1908] ZAHCORC 11 (24 March 1908)

Liquor Law.-Appeal.-Secs. 42 and 43 of Ordinance 8 of 1903.Coloured person.-Kafir beer (jnala).-Obtain.-Ejusdem generiousis constuction.

Where accused was convicted by a lower court of contravening sec. 42 of Ordinance 8 of 1903 in that he had been unlawfully in possession of intoxicating liquor, being a coloured person, Held, on appeal, that the conviction and sentence must be quashed on the ground that no evidence had been produced to show that accused was a coloured person. Held, further, that a mixture of golden syrup, karree bush and sour figs is not juala; and Held, further, that the word obtain in Rec. 42 may mean possess.