Rafoneke and Others v Minister of Justice and Correctional Services and Others (Makombe Intervening) (CCT 315/21, CCT 321/21, CCT 06/22)
Rafoneke and Others v Minister of Justice and Correctional Services and Others (Makombe Intervening) (CCT 315/21, CCT 321/21, CCT 06/22) [2022] ZACC 29; 2022 (6) SA 27 (CC); 2022 (12) BCLR 1489 (CC) (2 August 2022)
The Constitutional Court held that section 24(2) of the Legal Practice Act, which restricts admission as legal practitioners to citizens and permanent residents, is not unconstitutional. The differentiation is rationally connected to legitimate governmental purposes, including the protection of opportunities for citizens and permanent residents and the regulation of the legal profession in the public interest. The exclusion of other foreign nationals, even those lawfully entitled to live and work in South Africa, does not amount to unfair discrimination under section 9 of the Constitution, as…
Source excerpt
- Legal Practitioners Admission
- Unfair Discrimination
- Equality Clause
- Immigration Status
- Legislative Rationality
- Section 9 Constitution