Section 78(1A) of the Criminal Procedure Act 51 of 1977 provides:
'Every person is presumed not to suffer from a mental illness or mental disability so as not to be criminally responsible in terms of s 78(1), until the contrary is proved on a balance of probabilities.'
(i) Explain the nature of the presumption contained in s 78(1A) (i.e is it rebuttable, irrebuttable or a presumption of fact.
(ii) How would you classify the presumption in terms of its effect on the burden of proof?
(iii) Does it infringe any constitutional rights and if so what is the likelihood of any limitation being justifiable?