Social Justice Coalition and Others v Minister of Police and Others (EC03/2016) [2018] ZAWCHC 181; 2019 (4) SA 82 (WCC) (14 December 2018)

Social Justice Coalition and Others v Minister of Police and Others (EC03/2016) [2018] ZAWCHC 181; 2019 (4) SA 82 (WCC) (14 December 2018)

The Court found that the system used by the South African Police Service to allocate human resources in the Western Cape, specifically the THRR policy, results in indirect and systemic discrimination against Black and poor communities. Statistical evidence demonstrated that police stations serving these communities have the lowest police-to-population ratios and the highest rates of violent crime, while wealthier, predominantly White areas are better resourced. The discrimination is not justified by operational needs or budgetary constraints, and the respondents failed to discharge the burden of proving that the discrimination was fair. The Court held that poverty qualifies as an unlisted...

Citation
[2018] ZAWCHC 181
Parties
Applicant: Social Justice Coalition; Applicant: Equal Education; Applicant: Nyanga Community Policing Forum; Respondent: Minister of Police; Respondent: National Commissioner of Police; Respondent: Western Cape Police Commissioner; Respondent: Minister for Community Safety, Western Cape
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
14 December 2018
Case Number
EC03/2016
Procedural Posture
Urgent Application / Judgment on Unfair Discrimination; Remedy Postponed
Outcome
Application granted in part; declaration of unfair discrimination; hearing on remedy postponed.
Judges
Dolamo, Boqwana
Legal Topics
Unfair Discrimination, Equality Act, Allocation of State Resources, Indirect Discrimination, Intersectional Discrimination, Police Services
Constitutional Law Administrative Law Unfair Discrimination Equality Act Allocation of State Resources Indirect Discrimination Intersectional Discrimination Police Services

Case Brief

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Parties

Social Justice Coalition

Applicant

Equal Education

Applicant

Nyanga Community Policing Forum

Applicant

Minister of Police

Respondent

National Commissioner of Police

Respondent

Western Cape Police Commissioner

Respondent

Minister for Community Safety, Western Cape

Respondent

Procedural Posture

Urgent Application / Judgment on Unfair Discrimination; Remedy Postponed

Legal Issues

  1. 1 Does the allocation of police human resources in the Western Cape unfairly discriminate against Black and poor people on the basis of race and poverty.
  2. 2 Does the system employed by the South African Police Service to determine the allocation of police human resources constitute indirect discrimination on prohibited grounds.
  3. 3 Is poverty an unlisted ground of discrimination under the Equality Act.

Ratio Decidendi

The Court found that the system used by the South African Police Service to allocate human resources in the Western Cape, specifically the THRR policy, results in indirect and systemic discrimination against Black and poor communities. Statistical evidence demonstrated that police stations serving these communities have the lowest police-to-population ratios and the highest rates of violent crime, while wealthier, predominantly White areas are better resourced. The discrimination is not justified by operational needs or budgetary constraints, and the respondents failed to discharge the burden of proving that the discrimination was fair. The Court held that poverty qualifies as an unlisted...

Court Disposition

Application granted in part; declaration of unfair discrimination; hearing on remedy postponed.

Orders

  • It is declared that the allocation of Police Human Resources in the Western Cape unfairly discriminates against Black and poor people on the basis of race and poverty.
  • It is declared that the system employed by the South African Police Service to determine the allocation of Police Human Resources, in so far as it has been shown to be the case in the Western Cape Province, unfairly discriminates against Black and poor people on the basis of race and poverty.