13.4 whether section 27(4) of the Employment Act is unconstitutional on the ground that it infringes upon the rights of domestic workers provided under sections 13, 20, 30(3) and 31(1) of the Constitution; and 13.5 whether the Claimants are entitled to the declarations sought. Burden and Standard of Proof 14. The burden of proof in civil matters lies upon the party that substantially asserts the affirmative of the issue. See Constantine Line Limited v Imperial Smelting Corporation (1942) A.C. 154 p. 174; Tembo and others v Shire Bus Lines Ltd (2004) MLR 405 at 406 and Mayeso Gwanda v The State Constitutional Case Number 05 of 2015. 15. This rule is adopted principally because it is but just that he who invokes the aid of the law should be the first to prove his case; and partly because, in the nature of things, a negative is more difficult to establish that an affirmative. 16. It is also trite law that the standard of proof in a civil case is on a balance of probabilities per Denning J. (as he then was) in the often-cited case of Miller v Minister of Pensions [1947] 2 All ER 372. Page 8 of 45