CCT36/99

[1999] ZACC 14

1999 (12) BCLR 1438 (CC)

Chaskalson J

4 November 1999

http://hdl.handle.net/20.500.12144/2076

Magistrates' Court conviction s5(b) of Drugs and Drug Trafficking Act 140 of 1992 in July 1995 referred to Supreme Court (ECD) for review under s 302 of Criminal Procedure Act 51 of 1977. Referral order required to be lodged at Constitutional Court for direction. Enquiries in 1999 disclosed that the matter had not been lodged at Constitutional Court.

In February 1996 the High Court referred two reverse onuses (sections 21(1)(c) and 20 of the Drugs and Drug Trafficking Act 140 of 1992) to the Court for consideration of their constitutionality in terms of section 102(1) of the interim Constitution. Concern was noted regarding the delay in the referral of the matter to the Court. Court held that both provisions were unconstitutional. Chaskalson P for a unanimous Court.