Eke v S (CA&R 163/14)
Eke v S (CA&R 163/14) [2015] ZAECGHC 16; 2016 (1) SACR 135 (ECG) (26 March 2015)
The court held that a certificate issued under section 212(4) of the Criminal Procedure Act, which sets out the qualifications of the analyst, describes the process used, explains reliability, and provides the result, constitutes prima facie proof of both the blood alcohol concentration and the proper calibration of the gas chromatographs. Section 212(10) does not apply in the absence of ministerial prescription regarding gas chromatographs. The appellant's plea explanation, which merely placed the accuracy of the result in issue, did not amount to evidence and was insufficient to disturb the…
Source excerpt
- Blood Alcohol Analysis
- Certificate Evidence
- Calibration Of Instruments
- Prima Facie Proof
- Road Traffic Offences