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Criminal Law [2019] ZAGPPHC 229

Wilkinson and Another v National Director of Public Prosecutions and Others (50395/2016)

Wilkinson and Another v National Director of Public Prosecutions and Others (50395/2016) [2019] ZAGPPHC 229; 2019 (2) SACR 278 (GP) (5 June 2019)

The court held that the application was premature, as constitutional challenges to criminal charges and statutory provisions should be brought within the criminal proceedings, not in abstract before a civil court. The applicants failed to demonstrate why the constitutional issues should be adjudicated before the criminal trial or why such adjudication would be in the interests of justice. On the merits, the court found that the reverse onus provisions in the relevant provincial ordinances are justified under section 36 of the Constitution, given the serious threat posed by rhino poaching and…

  • Reverse Onus Provisions
  • Presumption Of Innocence
  • Nature Conservation Legislation
  • Limitation Of Rights
  • Fair Trial Rights
  • Rhinoceros Horn Trade
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