South Africa Case Law

C.P v Venter and Others (EC 09/2021)

C.P v Venter and Others (EC 09/2021) [2024] ZAWCHC 124; 2024 (6) SA 586 (WCC) (8 May 2024)

Court

Western Cape High Court, Cape Town

Case number

EC 09/2021

Judge

J Cloete

The court held that the Equality Court may not sit as both a High Court and Equality Court in the absence of parallel proceedings in the High Court. The Equality Court is a distinct forum with jurisdiction limited to causes of action provided for by the Equality Act. Relief sought under the Constitution or other statutes must be pursued in the appropriate forum. The applicant's allegations of harassment and discrimination did not establish a prima facie case under the Equality Act, as there was no evidential basis linking the conduct to prohibited grounds such as race or language. The school’…

Source excerpt

• Equality Court Jurisdiction
• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Harassment
• Language Discrimination
• Constitutional Declaratory Relief