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South Africa decisions
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K v S and Another (1609/04) [2005] ZANWHC 15 (17 February 2005)
The High Court dismissed an unopposed application to rescind an earlier order and set aside a protection order, finding no proper factual basis and that the applicant was bound by his prior election.
Kopanye v I (CA 44/2003) [2003] ZANWHC 18 (3 April 2003)
The High Court set aside suspended-magistrate proceedings on a recission application and sent the matter back to be heard de novo by another magistrate.
S v Baloyi and Others (CCT29/99) [1999] ZACC 19; 2000 (1) BCLR 86 ; 2000 (2) SA 425 (CC) (3 December 1999)
The Constitutional Court held that section 3(5) of the Prevention of Family Violence Act 133 of 1993 does not impose a reverse onus on accused persons. The section imports only the procedural provisions of section 170 of the Criminal Procedure Act, not its substantive reverse onus. The burden of proof remains with the state, and the accused retains the presumption of innocence. The proceedings are criminal in nature once the enquiry commences, entitling the accused to fair trial rights under section 35(3)(h) of the Constitution. The High Court erred in declaring section 3(5) unconstitutional…
Source excerpt
Bennett v S (A182/99) [1999] ZAGPHC 5 (4 April 1999)
High Court appeal against refusal of bail under the Criminal Procedure Act and Family Violence Act; the court found no basis to deny bail and ordered immediate release.
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