Synopsis:
Constitutionality of section 37 of General Law Amendment Act 62 of 1955 considered which makes it an offence to acquire stolen goods, otherwise than at a public sale, without having reasonable cause to believe that person disposing of the goods was authorised or entitled to do so. Reverse onus on accused. Held by unanimous Court to violate right to silence and presumption of innocence. Unanimous Court held violation of right to silence to be justified. Majority per Madala, Sachs and Yacoob JJ held violation of presumption of innocent to be unjustified under section 36 of Constitution. Minority per O'Regan J and Cameron AJ held violation of presumption of innocence to be justified.
