Accused was convicted in the Magistrates' Court under s 21(1)(b) of Act 140 of 1992. This is an application for confirmation of the order of the High Court in an automatic review, that the section is unconstitutional. Order confirmed.
Synopsis:
Application for confirmation of High Court order declaring section 21(1)(b) of the Drugs and Drug Trafficking Act 140 of 1992 invalid. High Court had decided that the provision violated the presumption of innocence in section 35(3)(h) of the Constitution. Order confirmed in unanimous judgment written by Kriegler J.