S v Baloyi (Minister for Justice and another Intervening) 2000


In this case there was  Prevention of Family Violence that was challenged.

 The law was said to be repugnant since it reversed the burden of proof.

It does away with the presumption of innocence and this goes against the constitution

 The difficulty was the state had to reconcile two conflicting imperatives. These were

to prevent domestic violence

 to uphold the rights of those accused of committing the said domestic violence

The court declined to confirm the decision of the Transvaal High Court. Transvaal High Court had said this reversal of the burden of proof was in violation of the constitution.


About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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