Ackerman v Amaning and Another (EQ3/2023) [2024] ZAEQC 3 (6 June 2024)

Ackerman v Amaning and Another (EQ3/2023) [2024] ZAEQC 3 (6 June 2024)

The court held that, notwithstanding the wording of section 23(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act, leave to appeal is required, as established by Supreme Court of Appeal precedent. The applicant demonstrated reasonable prospects of success on appeal and the case raises important questions regarding the merits and the appropriate remedy. Accordingly, leave to appeal to the Supreme Court of Appeal is granted.

Citation
[2024] ZAEQC 3
Parties
Applicant: Willem Ackerman; Respondent: Emmanuel Amaning; Respondent: Garth Wellman
Court
Equality Court
Jurisdiction
South Africa
Judgment Date
6 June 2024
Case Number
EQ3/2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Main Complaints
Outcome
Leave to appeal granted to the Supreme Court of Appeal.
Judges
GC Wright
Legal Topics
Leave to Appeal, Promotion of Equality and Prevention of Unfair Discrimination Act, Superior Courts Act, Prospects of Success, Remedy on Appeal
Civil Procedure Leave to Appeal Promotion of Equality and Prevention of Unfair Discrimination Act Superior Courts Act Prospects of Success Remedy on Appeal

Case Brief

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Parties

Willem Ackerman

Applicant

Emmanuel Amaning

Respondent

Garth Wellman

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Main Complaints

Legal Issues

  1. 1 Whether Mr Ackerman requires leave to appeal under the Promotion of Equality and Prevention of Unfair Discrimination Act.
  2. 2 Whether there are reasonable prospects of success on appeal.
  3. 3 Whether the case raises important questions on the merits and remedy justifying leave to appeal.

Ratio Decidendi

The court held that, notwithstanding the wording of section 23(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act, leave to appeal is required, as established by Supreme Court of Appeal precedent. The applicant demonstrated reasonable prospects of success on appeal and the case raises important questions regarding the merits and the appropriate remedy. Accordingly, leave to appeal to the Supreme Court of Appeal is granted.

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal.

Orders

  • Mr Ackerman is granted leave to appeal the orders of Wright J of 10 May 2024.
  • Leave is to the Supreme Court of Appeal.