The abuse of dependence-producing substances and rehabilitation centres Act, No. 41 of 1971

Abstract

Abstract provided by author

Section 10 of the Abuse of dependence producing substances and rehabilitation centers Act 41 of 1971 is a section that deals with statutory presumptions. It states that an accused person will be presumed to be a dealer if he is found in possession of a certain amount of cannabis (115 grams). The implication of this section is that an accusedhas to disprove the fact that he indeed was a dealer. This means that a reverse onus is placed on the accused as he has to prove his innocence. The principle laid out in Article 12 (1) (d) of the Constitution of Namibia that one shall be innocent until proven guilty is severely tested by this section 10. Section 10 further tests one's right to remain silent protected by Article 12 (1) (f) in that he has to speak to disprove the guilt that he has been covered in due to these presumptions

The conclusion that is to be reached in the discussion to follow relates to the fact that even though it was clearly the intention of Parliament to rid society of the social evil of dependence on drugs, the harsh ways in which Parliament decided to do so infringe upon the rights awarded to an accused by the Constitution of Namibia and should therefore (section 10) be declared unconstitutional.