Police conducted a warrantless search in June 2009 at a house owned by the applicant, Michael Klaas, in Morningside, Johannesburg, after receiving information that it was being used as a drug laboratory. Large quantities of drugs (including methaqualone tablets), chemicals, equipment, and written formulas for manufacturing drugs were found throughout the premises. The applicant’s adult son and nephew were present and arrested at the scene; the applicant was arrested months later. Evidence linked the applicant to the premises and the drug manufacturing operation, including DNA on gloves found with drugs, documents and chemical formulas possibly in his handwriting, invoices for chemicals in his name, and his ownership of the house. Klaas denied knowledge or involvement. He was convicted in the Regional Court of manufacturing and dealing in drugs and sentenced to an effective 15 years’ imprisonment under minimum sentencing legislation. His appeals to the High Court and Supreme Court of Appeal failed, and he then approached the Constitutional Court.
Leave to appeal against conviction was refused; leave to appeal against sentence was granted. The appeal against sentence succeeded. The 15-year sentence was set aside and replaced with a sentence of 12 years’ imprisonment on count 2, with sentences on counts 1 and 2 to run concurrently, antedated to 10 December 2013.
The case clarifies that minimum sentencing provisions under the Criminal Law Amendment Act apply only if the State proves the statutory prerequisites, including the market value of drugs. It reinforces fair trial rights during sentencing and confirms that failure to prove value renders minimum sentences inapplicable, even in serious drug offences.