CCT4/96

[1997] ZACC 5

1997 (6) BCLR 759 (CC)

1997 (3) SA 1012 (CC)

Ackermann J Majority judgment

O'Regan Majority judgment

Sachs J Majority judgment

Didcott J separate judgment

7 November 1996

18 April 1997

http://hdl.handle.net/20.500.12144/2018

Referral to the Constitutional Court by the High Court regarding the constitutionality of section 84 of Act 122 of 1984

Constitutionality of s 84 of the Forest Act which presumes negligence in certain circumstances challenged. Referral from a civil trial in Transvaal Provincial Division. Applicant argued that right to be presumed innocent (s 25(3)(c)) and equality right (s 8) infringed. Court held s 84 was not inconsistent with the interim Constitution. Development of approach to s 8(1). Majority judgment by Ackermann, O'Regan and Sachs JJ. Separate judgment by Didcott J.