S v Bhulwana and S v Gwadiso

Applied to determine the exercise of discretion under section 98(6)(a), holding that successful litigants should obtain relief unless interests of good…

Cited for the principle that the court should decline to suspend invalidity if there will be no resultant lacuna after the impugned legislation has been struck…

Cited for declining to suspend invalidity on the basis that there would be no resultant lacuna after the impugned legislation had been struck down.

Cited for limits on constitutional interpretation principle.

Applied for the principle that as a general rule, an order of invalidity should have no effect on cases which have been finalised prior to the date of the…

Cited for the general principle that an order of invalidity should have no effect on cases which have been finalised prior to the date of the order.

Cited for the evidentiary requirements for suspension of an order of invalidity.

The court cites this case for the principle that successful litigants should be awarded relief in constitutional adjudication.

Cited for the principle that successful litigants should obtain the relief they seek in granting appropriate relief.

Cited for the constitutional interpretative methodology requiring legislation to be read in conformity with the Constitution.

Court follows the reasoning of this unanimous judgment by O'Regan J regarding the unconstitutionality of section 21(1)(a)(i) dealing with presumptions of…

Cited for this Court's approach to striking down deeming provisions that oblige a court to come to an unjust factual conclusion.

Cited for the principle that central to considerations of the interests of justice is that a successful applicant should obtain the relief sought.

Applied for the proposition that if the interests of good government outweigh the interests of the individual litigants the court will not grant relief even to…

Cited for the principle that proportionality involves a balancing exercise.

The Court applied this judgment which held that, as a general principle, an order of invalidity should have no effect on criminal cases that have been…

Cited for the proposition that the prevention of drug abuse is a legitimate governmental aim and an effective prohibition thereof a pressing social purpose.

Cited for the principle that a party seeking suspension of an order of invalidity must place facts on record justifying suspension.

Cited for the proposition that the litigants before the Court should not be singled out for the grant of relief, but relief should be afforded to all people…

Constitutional Court case dealing with the constitutionality of a reverse onus, illustrating the legal uncertainty during the relevant period.

Cited in support of the principle of limited retrospectivity and the approach to fashioning relief in such a manner as to specifically exclude pending appeals…

Cited on the guidelines for information that should be placed before the Court for a suspension order.

Cited for the principle that the presumption of innocence is entrenched in section 35(3)(h) of the Constitution.

Applied for principles relating to legal burden, evidentiary burden, and reverse onus limiting the right to be presumed innocent.

Cited regarding the principles applicable to just and equitable relief under section 172(1)(b).

Applied for the general principle that an order of invalidity should have no effect on cases which have been finalised prior to the date of the order.

The Court cited S v Bhulwana for the principle that orders should be structured to avoid unnecessary dislocation and uncertainty in the criminal justice…

Applied for the principle that central to the interests of justice is that successful litigants should obtain the relief they seek unless the interests of good…

This Court found that the presumptions in section 21(1)(a)(i) of the Drugs and Drug Trafficking Act are unconstitutional and invalid.

Cited for the principle that successful applicants are entitled to the remedy they seek unless the interests of justice and good government dictate otherwise,…

Applied to note that the s 21 presumption in the Drugs Act relied upon by the appellant was declared unconstitutional.

Cited for the principle that the more substantial the inroad into fundamental rights, the more persuasive the grounds of justification must be, and that an…

Applied for the general principle that an order of invalidity should have no effect on cases which have been finalised prior to the date of the order of…

Cited for O'Regan J's statement that the more substantial the inroad into fundamental rights, the more persuasive the grounds of justification must be.

The Court applies the general principle that an order of invalidity should have no effect on cases which have been finalised prior to the date of the order of…

Cited for the principle that a declaration of invalidity of post-Constitution legislation has retrospective effect from the date on which the Act was enacted,…

Cited for the principle that courts may grant appropriate relief when constitutional rights are infringed.

Cited for the principle that the more substantial the inroad into fundamental rights, the more persuasive the grounds of justification must be in the balancing…

The Court applied the principles summarised by O'Regan J concerning retrospective effect of orders of constitutional invalidity and the interests of justice…

Applied for the principal features to be considered when contemplating the possibility of a retrospective order, including that successful litigants should…

Court applies the general principle established in Bhulwana that an order of invalidity should have no effect on cases finalised prior to the date of the order…

Re-affirmed the principle of presumption of innocence in matters involving reverse onus.

Court cites this case as authority for the proposition that section 21(1)(a) of the Drugs and Drug Trafficking Act had already been declared unconstitutional,…

Applied for the proposition that reverse onuses impose a full legal burden of proof on the accused and for discussion of the presumption of innocence and…

This Court's judgment applied to find that section 21(1)(b) imposes a legal burden upon an accused person which offends against the presumption of innocence,…

Followed Bhulwana which held that a reverse onus provision requiring accused to prove non-dealing in drugs infringed the presumption of innocence.

Cited for the principle that successful litigants will not be granted relief when the interests of good government outweigh the interests of individual…

Cited for the principle that remedial orders must provide immediate and effective relief and for discussion on retrospective effect of constitutional…

Court follows the principle that reverse onus presumptions are in direct conflict with the presumption of innocence and applies the test for appropriate…