Keyser v The State

The appellant, Heinrich Carl Keyser, was arrested at Johannesburg International Airport after importing a rucksack from Sao Paolo, Brazil, containing clothing soaked in a cocaine solution amounting to 6.5 kg of cocaine. He was charged with dealing in cocaine (importation) in contravention of s 5(b) of the Drugs and Drug Trafficking Act 140 of 1992. Keyser claimed he was an innocent courier who was unaware that the bag contained drugs, alleging he had been asked as a favour to transport clothing for another person. He was convicted in the regional court and sentenced to 20 years’ imprisonment, which conviction and sentence were confirmed by the High Court on appeal.

The appeal against both conviction and sentence was dismissed.

The case reaffirms that criminal convictions will not automatically be set aside due to technical irregularities such as references to unconstitutional statutory presumptions; courts must assess whether actual unfairness or a failure of justice resulted. It also illustrates the approach to inferential reasoning in determining mens rea in drug courier cases and confirms the appropriateness of severe sentences for large-scale drug importation.