In Ridzuan, two co-accused were charged with and convicted of drug trafficking, yet only one received a certificate of substantive assistance under s 33B of the Misuse of Drugs Act. This commentary examines the novel questions on the right to equality with respect to the granting of certificates of substantive assistance as raised in the Court of Appeal's decision. This commentary also addresses the broader question of how the presumption of constitutionality should apply in various contexts. Finally, it proposes a legislative mechanism to improve the institutional safeguards in place for the granting of these certificates.