CCT29/99

[1999] ZACC 19

2000 (1) BCLR 86 (CC)

2000 (2) SA 425 (CC)

Sachs J

9 November 1999

3 December 1999

http://hdl.handle.net/20.500.12144/2082

The High Court declared s 3(5) of Prevention of Family Violence Act 133 of 1993 invalid. Referred declaration to Constitutional Court for confirmation, declaration not confirmed.

Appropriate balance between the State's constitutional duty to provide effective remedies against domestic violence, and its simultaneous obligation to respect the constitutional rights to a fair trial of those who might be affected by the measures taken. Whether section 3(5) of the Prevention of Family Violence Act 133 of 1993 created an unconstitutional reverse onus. Sachs J for a unanimous Court.