Strydom v Nederduitse Gereformeerde Gemeente Moreleta Park (26926/05) [2008] ZAEQC 1; (2009) 30 ILJ 868 (EqC) (27 August 2008)

Strydom v Nederduitse Gereformeerde Gemeente Moreleta Park (26926/05) [2008] ZAEQC 1; (2009) 30 ILJ 868 (EqC) (27 August 2008)

The court found that the termination of the applicant's contract was based solely on his sexual orientation, a prohibited ground under PEPUDA and the Constitution. The respondent failed to prove that the discrimination was fair, as the applicant was not in a position of spiritual leadership nor required to teach Christian doctrine. The church's reliance on religious freedom did not outweigh the applicant's right to equality and dignity, especially given his limited role and lack of church membership. The discrimination caused significant emotional, psychological, and financial harm to the applicant. The court awarded damages for impairment of dignity and loss of earnings, ordered an...

Citation
[2008] ZAEQC 1
Parties
Applicant: Johan Daniel Strydom; Respondent: Nederduitse Gereformeerde Gemeente Moreleta Park
Court
Equality Court
Jurisdiction
South Africa
Judgment Date
27 August 2008
Case Number
26926/05
Procedural Posture
Civil Application / Final Judgment
Outcome
The court found in favour of the applicant, holding that the respondent unfairly discriminated against him on the ground of sexual orientation.
Judges
D A Basson
Legal Topics
Unfair Discrimination, Sexual Orientation, Promotion of Equality and Prevention of Unfair Discrimination Act, Impairment of Dignity, Freedom of Religion, Employment Contract Termination
Constitutional Law Labour Law Unfair Discrimination Sexual Orientation Promotion of Equality and Prevention of Unfair Discrimination Act Impairment of Dignity Freedom of Religion Employment Contract Termination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Johan Daniel Strydom

Applicant

Nederduitse Gereformeerde Gemeente Moreleta Park

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the termination of the applicant's contract constituted unfair discrimination on the ground of sexual orientation.
  2. 2 Whether the respondent church's reliance on religious freedom justifies the discrimination under the Constitution and PEPUDA.
  3. 3 Whether the applicant was in a position of spiritual leadership exempting the church from anti-discrimination legislation.

Ratio Decidendi

The court found that the termination of the applicant's contract was based solely on his sexual orientation, a prohibited ground under PEPUDA and the Constitution. The respondent failed to prove that the discrimination was fair, as the applicant was not in a position of spiritual leadership nor required to teach Christian doctrine. The church's reliance on religious freedom did not outweigh the applicant's right to equality and dignity, especially given his limited role and lack of church membership. The discrimination caused significant emotional, psychological, and financial harm to the applicant. The court awarded damages for impairment of dignity and loss of earnings, ordered an...

Court Disposition

The court found in favour of the applicant, holding that the respondent unfairly discriminated against him on the ground of sexual orientation.

Orders

  • The respondent unfairly discriminated against the applicant on the ground of sexual orientation.
  • The respondent is to pay the applicant R 75,000.00 for impairment of dignity and emotional and psychological suffering.