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South Africa decisions
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Mamba v Naledi (A245/2018) [2020] ZAGPPHC 819 (8 July 2020)
The High Court dismissed a criminal appeal against drug-trafficking, fraud, and immigration convictions, holding that the evidence supported possession and the sentences were appropriate.
Zumani and Others v S (A552/2013) [2014] ZAGPJHC 119; 2015 (1) SACR 83 (GJ) (4 June 2014)
The court held that the statutory presumption of possession under section 117(2) of the Firearms Control Act was incorrectly applied because the State failed to take all reasonable steps to link the possession of the firearms to the accused, notably by not conducting fingerprint analysis. The evidence established only that the occupants of the vehicle were aware of the firearms' presence, but mere knowledge does not amount to joint possession. The requirements for joint possession, as set out in precedent, were not met. Consequently, the convictions and sentences could not stand and the appel…
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Goncharko v S (A459/06) [2011] ZAWCHC 443 (5 December 2011)
The court found that the appellant was aware of the possibility that the products he sold were protected by copyright, as evidenced by his own disclaimers and concessions during cross-examination. He deliberately chose not to verify the copyright status, instead passing the responsibility to purchasers. This conduct demonstrated that he foresaw the risk of unlawfulness and reconciled himself to it, satisfying the requirement for mens rea in the form of dolus eventualis. The evidential chain was established through direct evidence of sale, and the products in question were proven to be subject…
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S v Zhang and Another (A732/06) [2007] ZAGPHC 355 (18 May 2007)
High Court appeal over mandrax-related convictions, unlawful search arguments, and minimum sentence issues. The court restored the section 5(b) conviction and confirmed 15 years.
S v Mafiri (360/2002) [2003] ZASCA 37; 2003 (2) SACR 121 (SCA) (31 March 2003)
The Supreme Court of Appeal set aside Mafiri’s convictions for unlawful possession of a pistol and ammunition, holding the State had not proved possession beyond reasonable doubt.
S v Van Nell and Another (CCT3/98) [1998] ZACC 8; 1998 (8) BCLR 943 (28 May 1998)
Section 20 of the Drugs and Drugs Trafficking Act imposes a reverse onus on the accused, requiring them to prove they were not in possession of drugs found in their vicinity. This provision is inconsistent with the right to a fair trial, particularly the presumption of innocence guaranteed by section 35(3)(h) of the 1996 Constitution. The Constitutional Court had already declared section 20 invalid in the related case of Mello and Another v The State, and the order in that case applies to the present matter. Accordingly, the order of constitutional invalidity made by the Northern Cape High Co…
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S v Metu (324/94) [1995] ZASCA 85 (28 August 1995)
The court upheld Metu’s conviction for unlawful possession of firearms and ammunition, but reduced the sentence after accepting some mitigation.
S v Mtshemla and Others (51/93) [1994] ZASCA 50 (29 March 1994)
The Supreme Court of Appeal held that the presumption in section 40(1) of the Arms and Ammunition Act applies to all persons present in a vehicle where illicit arms are found, regardless of the number of accused or articles. Each appellant bore the onus to prove, on a balance of probabilities, that he was not in possession, which required proving ignorance of the contents. The appellants' evidence was found to be inherently improbable and contradicted by the State witnesses. The interpretation in S v Tshabalala, which limited the presumption to one person absent proof of joint intent, was rej…
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