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Constitutional Law [2013] ZAECMHC 36

Khohliso v S (86/2011, A790/10)

Khohliso v S (86/2011, A790/10) [2013] ZAECMHC 36; 2014 (2) SACR 49 (ECM) (12 December 2013)

Sections 13(c) and 84(13) of Decree No 9 of 1992 differentiate between residents of the former Transkei and the rest of the Eastern Cape, resulting in unfair discrimination that cannot be justified under section 36 of the Constitution. The strict liability imposed by section 84(13) further infringes the right to a fair trial and the presumption of innocence. The court found no rational connection between the legislative differentiation and any legitimate government purpose. The impugned sections are inconsistent with sections 9, 10, and 35 of the Constitution and are declared invalid. The con…

  • Equality Clause
  • Strict Liability
  • Nature Conservation
  • Bill Of Rights Limitation
  • Presumption Of Innocence
  • Territorial Legislative Disparity
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