The new Constitutional Court ruled that the state must prove dealing, and can no longer presume it because someone held more than 115 g of dagga. Two men from the Western Cape, one found with 850 g near Kleinmond and one with about 445 g in Grabouw, had been convicted of dealing on the strength of that rule alone. Justice Kate O'Regan, for a unanimous court, found no logical link between the amount and dealing: a regular user might well hold that much. Holding dagga stayed a crime.[1]
Listed for context. No score change is recorded for South Africa here.
References
- Constitutional Court — S v Bhulwana; S v Gwadiso [1995] ZACC 11, 29 November 1995 (PDF)paras 3–4, 23–24 and 34
Checked. The date and the event were compared with a source that was read.