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the facts were that the elders of a community had met together and agreed that from time to time they would hear and try cases of theft in their community and would deal with the offenders according to their own rules drawn up by a qualified lawyer. They were convicted by the magistrate for assuming to act as judicial officers contrary to s 107(1) of CC ; for conspiring to do so. The conviction wad squashed in the high court on the grounds that the appellants had not assumed to act as judicial officers within the definition of that expression in section 1 of the criminal code( which does nit cover members if a rural community exercising musician powers) but he affirmed the conviction of conspiracy.


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