South Africa (1999), Constitutional Court

South Africa (1999), Constitutional Court

S. v. Baloyi and Others
(CCT29/99) [1999] ZACC 19; 2000 (1) BCLR 86 ; 2000 (2) SA 425 (CC) (3 December 1999)

Bayoli argued that the Prevention of Family Violence Act was unconstitutional, to the extent that is placed the burden on him to disprove his guilt. The Constitutional Court found that in cases of domestic violence, fairness to the complainant required that the enquiry proceedings be speedy and dispense with the normal process of charge and plea. However, in fairness to the accused, the presumption of innocence would still apply to the summary enquiry.

“All crime has harsh effects on society. What distinguishes domestic violence is its hidden, repetitive character and its immeasurable ripple effects on our society and, in particular, on family life… The [Act] does not purport to oust existing family and criminal law remedies and penalties, but to supplement and reinforce them.” (Quoted form Original Judgment)

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