R v Mokwena and Another [1911] ZATPD 127 (4 September 1911)

Native - Pass Laws - Obligations of Natives to take out passes - Discretion of Pass Officer to force Native into regular employment - Government Notice 1373 of 1909 - Act 18 of 1909

The Native Pass Regulations of 1909, framed under Act 18 of 1909, sec.4, provide that all natives resident within an urban area, whatever their origin, shall be obliged to take out monthly passes.

When a native has obtained a "service contract" pass to work for himself, the pass officer has a discretion to withdraw that pass and order the native to enter, regular employment, if he bona fide consider that the native is carrying on no legitimate business.