According to the Bill, such an order must be served on an accused when he or she fails to comply with a notification, a courtesy letter or if the infringer has failed to appear before court. We believe that such a provision would not survive constitutional scrutiny. We say this because the adversarial system that underlies South Africa's civil and criminal justice system provides that the person that alleges must prove his or her allegation, and not that a person who is accused of a crime or civil wrong must prove his or her innocence.