The State v Manyonyo

The accused, Manyonyo, was convicted in a Magistrate’s Court of dealing in dagga in contravention of section 5(b) of the Drugs and Drug Trafficking Act 140 of 1992 and sentenced to 42 months’ imprisonment, partially suspended. The conviction relied on statutory presumptions in sections 20 and 21(1)(c) of the Act. On automatic review, the Eastern Cape Division of the Supreme Court questioned the constitutionality of these presumptions and referred the matter to the Constitutional Court under the interim Constitution. Due to anticipated invalidity, the accused was released on bail pending final determination. Significant procedural delays occurred in forwarding the referral to the Constitutional Court.

Section 21(1)(c) of the Drugs and Drug Trafficking Act was declared unconstitutional and invalid. The declaration applied retrospectively to cases where verdicts were entered after the interim Constitution came into force and where appeals or reviews were pending or appeal periods had not expired. The case was referred back to the Eastern Cape High Court to be dealt with in accordance with the judgment.

The case reinforced Constitutional Court jurisprudence striking down statutory presumptions in criminal law that infringe the presumption of innocence. It confirmed the unconstitutionality of section 21(1)(c) nationally and clarified the retrospective operation of such declarations. The judgment also highlighted systemic concerns regarding procedural delays in review and referral processes, emphasising their prejudicial impact on accused persons.