S v. Pinero 1991 NR 424

Levy J:

Statutory presumption of guilt in terms of Sea Fisheries Act (RSA) in direct conflict with art 12 and had to be struck down. Held further that the requirement imposed that an accused had to prove that he could not have prevented the offence was contrary to the spirit of the constitution as it included every person on the vessel, even those who did not take part in the crime.

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