R v. Mngomezulu and Others

Abstract

War and armed conflict — Liberation movements — South Africa — Accused found guilty in Swaziland of unlawful possession of arms of war and ammunition — Whether defence of freedom fighter and member of the liberation forces of the Organization of African Unity (OAU) available — Swaziland a member State of the OAU — Whether implied authority for the possession of arms and ammunition in Swaziland — Whether reliance could be placed on the resolutions of the OAU

International organizations — Resolutions — Municipal applicability — Resolutions of the Organization of African Unity (OAU) — Applicability in Swaziland — Whether incorporation required — Accused found guilty of unlawful possession of arms of war and ammunition — Defence of freedom fighter and member of the liberation forces of the OAU — Accused relying on the resolutions of the OAU — Whether Swaziland being a member State of the OAU implied authority for the possession of arms and ammunition for the eradication of apartheid in South Africa — Arms and Ammunition Act 1964 — The law of Swaziland