Drugs and Drug Trafficking Act, 1992 (Act No. 40 of 1992)

Chapter IV : Offences, Penalties, Presumptions and Forfeiture

Presumptions and liability of employers and principals

21. Presumptions relating to dealing in drugs
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(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.