S v Maqam (R86/2021)
S v Maqam (R86/2021) [2021] ZAFSHC 325 (18 November 2021)
The accused's statement did not admit or provide facts regarding when the blood specimen was drawn or whether it was drawn within two hours of the alleged offence, as required by section 65(3) of the National Road Traffic Act. The absence of these admissions or supporting evidence means the presumption of guilt cannot operate. The proceedings were not in accordance with justice, and the court should have entered a plea of not guilty in terms of section 113 of the Criminal Procedure Act. The conviction, sentence, and related orders must be set aside and the matter remitted for proper procedure.
Source excerpt
- Driving Under Influence
- National Road Traffic Act
- Presumptions Of Fact
- Plea Procedure
- Jurisdictional Facts