S v Mkulu (1773)
S v Mkulu (1773) [2018] ZAWCHC 91; 2018 (2) SACR 408 (WCC) (2 August 2018)
The court found that the accused's conduct, as revealed by s 112(1)(b) questioning, did not go beyond acting as an agent for a friend to acquire dagga for personal use. There was no evidence of supply, sale, or any activity beyond acquisition. The magistrate misapplied the statutory definition and relevant case law, particularly S v Solomon and S v Naidoo, which require clear facts establishing dealing rather than mere possession. The statutory presumption was invalid and not applicable. Given the gross delay in review and the accused's payment of the fine, the interests of justice required f…
Source excerpt
- Dealing In Drugs
- Possession Of Drugs
- Criminal Procedure Act
- Drugs And Drug Trafficking Act
- Statutory Presumptions
- Magistrates Court Review