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n Without Prejudice - Reverse onus provision + director's criminal liability = a formula for constitutional uncertainty : competition / constitutional law
This article should be read together with that on p21 - "Competition Law casts its net wider"
The reverse onus clause has plagued the Constitutional Court for over a decade. Now, with the proposed insertion of s73A to the Competition Act, the opportunity is ripe for the Constitutional Court to rule conclusively on the legality of the "reverse onus" provision. Does s73A create a scenario which falls within the ambit of what the Constitutional Court has described as a "reasonable and justifiable" limitation of one's constitutional rights or should the constitutionally enshrined rights contained in s35 of the Constitution take precedence?
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