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)
Court
Equality Court
Case number
2/2008
Judge
J.C. Froneman
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…
Source excerpt
Promotion Of Equality And Prevention Of Unfair Discrimination Act
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)
Court
High Courts - Eastern Cape
Case number
2/2008
Judge
J.C. Froneman
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…
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)
Court
Western Cape High Court, Cape Town
Case number
4543/03
Judge
Desai
The court refused to allow permanent exclusion from the Waterfront and instead granted a narrower interdict against unlawful harassment, assault, and interference.
Lagadien v University of Cape Town (C489/98) [2000] ZALC 107; [2001] 1 BLLR 76 (LC) (26 September 2000)
Court
Labour Court
Case number
C489/98
Judge
B M Jammy
The Labour Court dismissed a discrimination claim over appointment to a university disability unit post, finding the selection criteria were justified.