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.
“An eviction impacts on a person’s right to adequate housing and right to property in terms of the constitution.“Such an order may be justified, but the magistrate did not make an informed assessment. 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.
Turning to procedural fairness, Rogers said on the day the matter was heard the husband had been unrepresented and would have been taken by surprise when the magistrate, midway through hearing his application, caused his wife’s application to be placed on the court roll.
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