South Africa (2005), Constitutional Court
Omar v. Government of the Republic of South Africa and Others
(CCT 47/04) [2005] ZACC 17; 2006 (2) BCLR 253 (CC); 2006 (2) SA 289 (CC) (7 November 2005)
The appellant alleged that section 8 of the Domestic Violence Act 116 of 1998 was unconstitutional. On appeal, the Court held that this section does not violate the rights of access to the courts but rather serves to provide a mechanism to ensure compliance with protection orders.
“This matter deals with the constitutionality of section 8, measured against the rights to freedom and security of the person, a fair trial and access to courts, as protected in the Constitution... The context and purpose of the Act is again relevant in this regard… the complainant needs immediate protection by the police. There is no time once again to approach a court…The provision in section 8 for a warrant of arrest linked to the issuing of a protection order is clearly intended to provide a mechanism to ensure compliance with protection orders and to protect complainants against further domestic violence.” (Quoted form Original Judgment)
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