South Africa Case Law

S v Mkhonza (R16/2023)

S v Mkhonza (R16/2023) [2024] ZAMPMBHC 66; 2024 (2) SACR 535 (MM) (16 September 2024)

Court

Mbombela High Court, Mpumalanga

Case number

R16/2023

Judges

TV Ratshibvumo, N Mazibuko

The magistrate convicted the accused of dealing in dagga solely on the basis of the statutory presumption in section 21(1)(a)(i) of the Drugs and Drug Trafficking Act, despite the accused's denial of dealing. This presumption was declared unconstitutional by the Constitutional Court in S v Bhulwana, S v Gwadiso, and has been invalid for nearly three decades. The application of this invalid provision resulted in a conviction and sentence that cannot stand. The procedural delays in transmitting the record for review further compounded the injustice suffered by the accused. The High Court set as…

Source excerpt

• Reverse Onus Presumption
• Drugs And Drug Trafficking Act
• Constitutional Invalidity
• Fair Trial Rights

Hadebe v S (CC3/09)

Hadebe v S (CC3/09) [2009] ZAKZDHC 31 (12 August 2009)

Court

Kwazulu-Natal High Court, Durban

Case number

CC 3/09

Judge

Kooverjee

The High Court convicted Welcome Mbongeni Hadebe of murder and firearm offences after rejecting his claim that the deceased was shot during a struggle.

• Murder
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Reverse Onus Presumption
• Criminal Procedure Act
• Expert Evidence

S v Gabatlhole (B3358/02)

S v Gabatlhole (B3358/02) [2002] ZANCHC 35; 2004 (2) SACR 270 (NC) (4 December 2002)

Court

Northern Cape High Court, Kimberley

Case number

B3358/02

Judges

SA Majiedt, FD Kgomo

The court found that the failure of the magistrate to inform the unrepresented accused of the reverse onus presumption under section 1(1)(b) read with section 1(2) of the Intimidation Act, 72 of 1982, constituted a procedural irregularity. This irregularity prejudiced the accused and rendered the proceedings in respect of the intimidation charge not in accordance with justice. The conviction on the intimidation charge was therefore set aside. The conviction for housebreaking with intent to steal and attempted theft was confirmed, and the matter was remitted to the regional court for sentencin…

Source excerpt

• Intimidation Act 72 Of 1982
• Reverse Onus Presumption
• Unrepresented Accused
• Procedural Irregularity