by judges Owen Rogers, Robert Henney and acting judge Bernard Martin, assumed that they laid down in law that domestic violence abusers cannot be evicted from their homes if they cannot afford to live elsewhere.
“The court should elicit information about the potential prejudice, the person’s ability, including financial resources, to obtain alternative accommodation and access to children,” Rogers said, writing for the court. “There was also no inquiry into the effect, if any, the interim interdict had had on the husband’s behaviour up to that point,” said Rogers.
Judges Henney and acting judge Martin were then added to the panel to ensure that there would be a majority judgment in the event of judicial disagreement.
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