R. v. Mzee Lewanga Cr. Rev. 42-A-68, 21/8/68, Platt J.

R. v. Mzee Lewanga Cr. Rev. 42-A-68, 21/8/68, Platt J.

Accused was charged and convicted giving false information to a police officer c/s 122(1), penal code. Accused failed to take part in a self-help scheme and the local elders took his goat in default and killed it. The accused reported to the police that his goat had been stolen. There had been a public meeting in which it was agreed that forfeits should be exacted for not taking part in the scheme. The accused did not disagree with that in principle, but claimed that although a goat might be taken, it should not have been killed, but kept until he paid 10/- as forfeit. It was found as fact that the meeting agreed that a goat should be forfeit without redemption and the proceeds applied to a community project.

            Held: (1) Although there is no penalty in law for not taking part in a self-help scheme, if a community generally agrees that a forfeit should be paid for not taking part, then the forfeit exacted is not theft. (2) Accused should not therefore have brought the charge and his conviction is upheld.