P and Another v Dutch Reformed Church of South Africa and Another (EQ1/2019) [2019] ZAEQC 3 (26 August 2019)

P and Another v Dutch Reformed Church of South Africa and Another (EQ1/2019) [2019] ZAEQC 3 (26 August 2019)

The court found that the complainants failed to establish a prima facie case of discrimination on any of the alleged grounds. The social worker's reports and recommendations were based on concerns about the children's welfare, including allegations of abuse and conflict between the parties, not on religious intolerance, gender, sexual orientation, or economic/social status. The references to religious affiliation were neutral, and any errors in the reports regarding gender or relationships were genuine mistakes, not evidence of discrimination. The mention of employment and academic history was relevant to the assessment of suitability for guardianship and was not disparaging. The court...

Citation
[2019] ZAEQC 3
Parties
Applicant: Mr P; Applicant: Mrs P; Respondent: Dutch Reformed Church of South Africa; Respondent: Christian Social Council Organisation
Court
Equality Court
Jurisdiction
South Africa
Judgment Date
26 August 2019
Case Number
EQ 1/2019
Procedural Posture
Equality Court Application / Final Judgment After Inquiry
Outcome
Complaint dismissed. No order as to costs.
Judges
Spilg
Legal Topics
Promotion of Equality and Prevention of Unfair Discrimination Act, Burden of Proof, Guardianship Dispute, Prima Facie Discrimination, Best Interests of the Child
Constitutional Law Family and Children Civil Procedure Promotion of Equality and Prevention of Unfair Discrimination Act Burden of Proof Guardianship Dispute Prima Facie Discrimination Best Interests of the Child

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Parties

Mr P

Applicant

Mrs P

Applicant

Dutch Reformed Church of South Africa

Respondent

Christian Social Council Organisation

Respondent

Procedural Posture

Equality Court Application / Final Judgment After Inquiry

Legal Issues

  1. 1 Whether the respondents, through their agent, committed unfair discrimination against the complainants on the grounds of religious belief, gender, sexual orientation, or economic and social status.
  2. 2 Whether the complainants established a prima facie case of discrimination under the Promotion of Equality and Prevention of Unfair Discrimination Act.
  3. 3 Whether the procedural requirements of the Equality Court were met, including the handling of default judgment and inquiry.

Ratio Decidendi

The court found that the complainants failed to establish a prima facie case of discrimination on any of the alleged grounds. The social worker's reports and recommendations were based on concerns about the children's welfare, including allegations of abuse and conflict between the parties, not on religious intolerance, gender, sexual orientation, or economic/social status. The references to religious affiliation were neutral, and any errors in the reports regarding gender or relationships were genuine mistakes, not evidence of discrimination. The mention of employment and academic history was relevant to the assessment of suitability for guardianship and was not disparaging. The court...

Court Disposition

Complaint dismissed. No order as to costs.

Orders

  • The complaint is dismissed.
  • There is no order as to costs.