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Supreme Court of Appeal of South Africa

The Supreme Court of Appeal is, except in respect of certain labour and competition matters, the second highest court in South Africa. In terms of the Constitution, it is purely an appeal court and may decide only appeals and issues connected with appeals. (Banner image by Ben Bezuidenhout).

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Cnr Mirriam Makeba & President Brand Streets, Bloemfontein, Free State, 9301

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1 judgment

Citation	Judgment date
July 1983
S v Simons (454 of 1982) [1983] ZASCA 30 (1 July 1983) Plea of guilty to possession allowed magistrate questioning; accused failed to rebut presumption of dealing, so conviction affirmed. Criminal procedure — plea of guilty to alternative charge — magistrate entitled to question accused to clarify plea; s115(2)/S v Evans formalities immaterial if no failure of justice. Criminal law — possession of prohibited substance (Methaqualone) raises presumption of dealing — accused bears onus to rebut; inadequate/extravagant explanation insufficient. Appeal — procedural irregularity requires demonstration of failure of justice to succeed.	1 July 1983

Citation

Judgment date

July 1983

S v Simons (454 of 1982) [1983] ZASCA 30 (1 July 1983)

Plea of guilty to possession allowed magistrate questioning; accused failed to rebut presumption of dealing, so conviction affirmed.

Criminal procedure — plea of guilty to alternative charge — magistrate entitled to question accused to clarify plea; s115(2)/S v Evans formalities immaterial if no failure of justice. Criminal law — possession of prohibited substance (Methaqualone) raises presumption of dealing — accused bears onus to rebut; inadequate/extravagant explanation insufficient. Appeal — procedural irregularity requires demonstration of failure of justice to succeed.

1 July 1983