Public Service Commission Act, 1997
R 385
Drugs and Drug Trafficking Act, 1992 (Act No. 40 of 1992)Chapter IV : Offences, Penalties, Presumptions and ForfeiturePresumptions and liability of employers and principals21. Presumptions relating to dealing in drugs |
| (1) | If in the prosecution of any person for an offence referred to— |
| (a) | in section 13(f) it is proved that the accused— |
| (i) | was found in possession of dagga exceeding 115 grams; |
| (ii) | was found in possession in or on any school grounds or within a distance of 100 metres from the confines of such school grounds of any dangerous dependence-producing substance; or |
| (iii) | was found in possession of any undesirable dependence-producing substance, other than dagga, |
it shall be presumed, until the contrary is proved, that the accused dealt in such dagga or substance;
| (b) | in section 13(f) it is proved— |
| (i) | that dagga plants of the existence of which plants the accused was aware or could reasonably be expected to have been aware, were found on a particular day on cultivated land; and |
| (ii) | that the accused was on the particular day (he owner, occupier, manager or person in charge of the said land, |
it shall be presumed, until the contrary is proved, that the accused dealt in such dagga plants;
| (c) | in section 13(e) or (f) it is proved that the accused conveyed any drug, it shall be presumed, until the contrary is proved, that the accused dealt in such drug; |
| (d) | in section 13(e) or (f) it is proved— |
| (i) | that any drug was found on or in any animal, vehicle, vessel or aircraft; and |
| (ii) | that the accused was on or in charge of, or that he accompanied, any such animal, vehicle, vessel or aircraft, |
it shall be presumed, until the contrary is proved, that the accused dealt in such drug.
(2) For the purposes of subsection (1)(a)(ii)—
"school"
means any educational institution, except a university, a college of education or a technikon, where full-time education, including pre-primary education, is provided to pupils;
"school grounds"
in relation to a school, means land, whether it is contiguous or not, buildings or accommodation, sporting or other facilities used for or in connection with the activities of the school.
