S v Gwadiso (1950/94)
S v Gwadiso (1950/94) [1995] ZAWCHC 2 (16 February 1995)
The court found that the only evidence presented by the State was that the accused was found in possession of dagga, with no direct evidence of intent to deal. The trial magistrate relied on the statutory presumption in section 21(1)(a)(i) of Act 140 of 1992, which places the burden on the accused to prove he did not possess the dagga for dealing. The court agreed with the reasoning in S v Bhulwana that such a presumption is prima facie inconsistent with section 25(3)(c) of the Constitution, which guarantees the right to a fair trial, including the presumption of innocence and the right to re…
Source excerpt
- Presumption Of Intent To Deal
- Burden Of Proof
- Right To Fair Trial
- Constitutionality Of Statutory Presumptions