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Jetha v R
''Jetha v Rex''〔(1929) 50 NPD 91.〕 is an important case in South African criminal law, with its bearing on the defence of impossibility. It was heard in the Natal Provincial Division on April 22, 1929, by Dove-Wilson JP, Tatham J and Matthews J. It was an appeal from the Durban Magistrate's Court. TB Horwood appeared for the appellant and JDM Rosenow for the Crown. The appellant's attorneys were CP Robinson & Goulding.
== Facts ==
The appellant sailed for India on October 11, 1926; his estate was provisionally sequestrated on October 13, 1926. In March 1929, after his return, he was convicted of contravening section 142(a) of the Insolvency Act,〔Act 32 of 1916.〕 in that he had failed to attend the first meeting of his creditors, held on November 11, 1926.
The magistrate, in his reasons, stated that he was satisfied, on the facts set out above, that it was physically impossible for appellant to attend the meeting. He convicted the appellant because he must have been aware, when he left the Union, of the act of insolvency which must have preceded his sequestration. His failure to attend the meeting, therefore, was due to his own fault in leaving the Union with knowledge of such act. The magistrate referred to ''R v Mahomed Abbas〔1916 CPD 178.〕〔1916 AD 233.〕 and ''R v Mayer Brothers,〔6 HCG 130.〕 and said that, since the trial, his attention had been drawn to the case of ''R v Moosa''.〔() CPD (24-12 28).〕
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