Van Harte v S (A46/2007) [2008] ZAWCHC 238 (8 August 2008)
Court
Western Cape High Court, Cape Town
Case number
A46/2007
Judges
LE GRANGE, R, E STEYN
The court set aside a drug trafficking conviction, substituted possession under section 4(b), and imposed a fine with alternative imprisonment and a suspended term.
S v Nongogo (5/1986) [1987] ZASCA 104 (25 September 1987)
Court
Supreme Court of Appeal
Case number
5/1986
Judges
Corbett, Van Heerden, Nicholas
The court found that the appellant failed to discharge the burden of proof required to rebut the statutory presumption of unlawful possession of Mandrax tablets. The appellant's explanation for possessing the tablets was deemed highly improbable and unacceptable, particularly given her failure to dispose of them promptly despite knowing their possession was illegal. The magistrate's assessment of the appellant as a poor witness who contradicted herself and gave evasive answers was upheld. The court agreed with the magistrate's view regarding the probabilities and found no reason to interfere…
The appeal succeeded because the court found the magistrate gave inadequate reasons for rejecting the appellant’s version and the conviction could not stand.