Strydom v Nederduitse Gereformeerde Gemeente Moreleta Park (26926/05) [2008] ZAGPHC 269; (2009) 30 ILJ 868 (EqC) (27 August 2008)

Strydom v Nederduitse Gereformeerde Gemeente Moreleta Park (26926/05) [2008] ZAGPHC 269; (2009) 30 ILJ 868 (EqC) (27 August 2008)

The court found that the applicant was unfairly discriminated against on the ground of sexual orientation when his contract was terminated by the church. The respondent failed to prove that the discrimination was fair or justified by religious doctrine, as the applicant was not in a position of spiritual leadership nor required to teach Christian doctrine. The impact on the applicant's dignity and equality was severe, while the effect on the church's religious freedom was minimal. The church's reliance on international case law was distinguishable on the facts. The court held that constitutional values of equality and dignity outweigh the church's claim to religious exemption in this...

Citation
[2008] ZAGPHC 269
Parties
Applicant: Johan Daniel Strydom; Respondent: Nederduitse Gereformeerde Gemeente Moreleta Park
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
27 August 2008
Case Number
26926/05
Procedural Posture
Review Application / Equality Court Trial
Outcome
The applicant succeeded. The respondent was found to have unfairly discriminated against the applicant on the ground of sexual orientation.
Judges
D A Basson
Legal Topics
Promotion of Equality and Prevention of Unfair Discrimination Act, Sexual Orientation Discrimination, Freedom of Religion, Employment Contracts, Impairment of Dignity
Constitutional Law Labour Law Promotion of Equality and Prevention of Unfair Discrimination Act Sexual Orientation Discrimination Freedom of Religion Employment Contracts Impairment of Dignity

Case Brief

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Parties

Johan Daniel Strydom

Applicant

Nederduitse Gereformeerde Gemeente Moreleta Park

Respondent

Procedural Posture

Review Application / Equality Court Trial

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 doctrine justified 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 law.

Ratio Decidendi

The court found that the applicant was unfairly discriminated against on the ground of sexual orientation when his contract was terminated by the church. The respondent failed to prove that the discrimination was fair or justified by religious doctrine, as the applicant was not in a position of spiritual leadership nor required to teach Christian doctrine. The impact on the applicant's dignity and equality was severe, while the effect on the church's religious freedom was minimal. The church's reliance on international case law was distinguishable on the facts. The court held that constitutional values of equality and dignity outweigh the church's claim to religious exemption in this...

Court Disposition

The applicant succeeded. The respondent was found to have unfairly discriminated against the applicant 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.