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Criminal law — Traditional Beer Act, No. 39 of 1974 — section 3 (4)C possession of traditional beer not for consumption at the place or within the area for consumption in respect of which beer lawfully sold or supplied — Criminal Procedure and Evidence Act [Chapter 59] — section 133 (2) (b) — exceptions, excuses or qualifications — prosecution need not prove more than possession of traditional beer.
In a prosecution under section 3 (4) of the Traditional Beer Act, No. 39 of 1974, it is necessary for the prosecution to show only that the accused possessed the traditional beer in question. In view of the wording of the subsection, it is an offence to possess traditional beer unless one can bring oneself within one of the exceptions provided. In terms of section 133 (2) (b) of the Criminal Procedure and Evidence Act [Chapter 59], the onus lies on the accused to do this; all the prosecution need do is establish possession of the beer.
Semble: in the case of possession of small amounts of beer and in the absence of other aggravating or incriminating circumstances, a prosecution, while technically feasible, might be oppressive.
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