Hleta v Swaziland Revenue Authority and Another (22 of 2015) [2015] SZHC 197 (13 November 2015)

Case summary

Constitutional Challenge: Section 274 of the Criminal Procedure and Evidence Act, 1988(Act 67 of 1938). Prosecution under section 87 (2) read with of the Customs and Excise Act, 1971 (Act 21 of 1921). Non-invocation of section 274 Act 67 of 1938 in course of the prosecution. Presu1nption of Innocence under Section 21(2) (a) of the Constitution of Swaziland, 2005(Act 1 of 2005) Reverse onus under Section 274 Act 67 of 1938 not applicable to the Applicant-Doctrine of Ripeness in Constitutional Litigation-Actionable upon establishment of actual or imminent harm. Application dismissed-no adverse costs ordermade.


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