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South Africa Case Law

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Constitutional Law [2025] ZALMPPHC 12

Seloana v Government Administration Agency and Others (7633/21)

Seloana v Government Administration Agency and Others (7633/21) [2025] ZALMPPHC 12 (4 February 2025)

The High Court granted leave to appeal to the Supreme Court of Appeal in a pension-discrimination case involving women in polygamous marriages.

  • Indirect Discrimination
  • Polygamous Marriages
  • Pension Benefits
  • Leave To Appeal
  • Superior Courts Act
  • Leave-to-appeal
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Constitutional Law [2018] ZAWCHC 181

Social Justice Coalition and Others v Minister of Police and Others (EC03/2016)

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 Equality Court held that Western Cape police resource allocation unfairly discriminated against Black and poor communities and postponed remedy.

  • Unfair Discrimination
  • Equality Act
  • Allocation Of State Resources
  • Indirect Discrimination
  • Intersectional Discrimination
  • Police Services
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Administrative Law [2008] ZAEQC 2

Manong Associates (Pty) Ltd v Eastern Cape Department of Road and Transport and Others (2/2008)

Manong Associates (Pty) Ltd v Eastern Cape Department of Road and Transport and Others (2/2008) [2008] ZAEQC 2; 2008 (6) SA 434 (EqC) (24 April 2008)

The court held that the High Court, when sitting as an Equality Court, retains its inherent and constitutional powers, including judicial review of administrative action. The requirements for experience and technical expertise in the tender process were found to be reasonable and rationally connected to the legitimate objectives of ensuring safe, durable roads and prudent use of public funds. The evidence did not support the applicant's allegations of improper motive, lack of transparency, or cost-ineffectiveness. The process provided opportunities for previously disadvantaged groups to gain…

  • Promotion Of Equality And Prevention Of Unfair Discrimination Act
  • Public Procurement
  • Judicial Review
  • Indirect Discrimination
  • Section 217 Constitution
  • Administrative Action
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Administrative Law [2008] ZAECHC 29

Manong Associates (Pty) Ltd v Eastern Cape Department of Road and Transport and Others (2/2008)

Manong Associates (Pty) Ltd v Eastern Cape Department of Road and Transport and Others (2/2008) [2008] ZAECHC 29; 2008 (6) SA 434 (EqC) (24 April 2008)

The High Court, when sitting as an equality court, retains its constitutional and inherent review jurisdiction and is not a separate tribunal. The procurement policy challenged by the applicant was found to be rationally connected to legitimate objectives, namely ensuring safety, durability, and effective use of public funds in road construction. The requirements for experience and technical expertise did not amount to indirect unfair discrimination, as previously disadvantaged groups had opportunities to gain such experience, and the applicant itself generally met the profile. Allegations of…

  • Public Procurement
  • Indirect Discrimination
  • Judicial Review
  • Equality Act
  • Constitutional Jurisdiction
  • Tender Award Challenge
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Constitutional Law [2003] ZAWCHC 75

Victoria & Alfred Waterfront (PTY) Ltd and Another v Police Commissioner of the Western Cape and Others (4543/03)

Victoria & Alfred Waterfront (PTY) Ltd and Another v Police Commissioner of the Western Cape and Others (4543/03) [2003] ZAWCHC 75; [2004] 1 All SA 579 (C); 2004 (5) BCLR 538 (C); 2004 (4) SA 444 (C) (23 December 2003)

The court refused to allow permanent exclusion from the Waterfront and instead granted a narrower interdict against unlawful harassment, assault, and interference.

  • Freedom Of Movement
  • Right To Exclude
  • Bill Of Rights Limitation
  • Property Owners Rights
  • Interdict
  • Indirect Discrimination
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Labour Law [2000] ZALC 107

Lagadien v University of Cape Town (C489/98)

Lagadien v University of Cape Town (C489/98) [2000] ZALC 107; [2001] 1 BLLR 76 (LC) (26 September 2000)

The Labour Court dismissed a discrimination claim over appointment to a university disability unit post, finding the selection criteria were justified.

  • Employment Equity Act
  • Unfair Discrimination
  • Indirect Discrimination
  • Inherent Job Requirements
  • Labour-law
  • Employment-equity
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.