S v Gabatlhole (B3358/02)
S v Gabatlhole (B3358/02) [2002] ZANCHC 35; 2004 (2) SACR 270 (NC) (4 December 2002)
The court found that the failure of the magistrate to inform the unrepresented accused of the reverse onus presumption under section 1(1)(b) read with section 1(2) of the Intimidation Act, 72 of 1982, constituted a procedural irregularity. This irregularity prejudiced the accused and rendered the proceedings in respect of the intimidation charge not in accordance with justice. The conviction on the intimidation charge was therefore set aside. The conviction for housebreaking with intent to steal and attempted theft was confirmed, and the matter was remitted to the regional court for sentencin…
Source excerpt
- Intimidation Act 72 Of 1982
- Reverse Onus Presumption
- Unrepresented Accused
- Procedural Irregularity