South Africa Case Law

Cape Bar v Minister of Justice and Correctional Services and Others (9435/19)

Cape Bar v Minister of Justice and Correctional Services and Others (9435/19) [2020] ZAWCHC 51; [2020] 3 All SA 413 (WCC); 2020 (6) SA 165 (WCC) (10 June 2020)

Court

Western Cape High Court, Cape Town

Case number

9435/19

Judges

Mabindla-Boqwana, Papier

The Court held that the Regulations and Rules governing the composition of Provincial Councils under the Legal Practice Act do not constitute unfair discrimination against black people or women. The quota system guarantees representation for historically disadvantaged groups and is rationally connected to the transformation and restructuring objectives of the Act. The inclusion of a seat for a white man does not invalidate the scheme, as the majority of seats are reserved for disadvantaged groups. The Minister acted within his powers in promulgating the Regulations, and the scheme is neither…

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• Legal Practice Act
• Affirmative Action
• Equality Clause
• Unfair Discrimination
• Judicial Review
• Quota Systems

South African Restructuring And Insolvency Practitioners Association v Minister of Justice And Constitutional Development and Others; InRe: Concerned Insolvency Practitioners Association NPC and Others v Minister of Justice And Constitutional Development and Others (4314/2014, 17327/2014)

South African Restructuring And Insolvency Practitioners Association v Minister of Justice And Constitutional Development and Others; InRe: Concerned Insolvency Practitioners Association NPC and Others v Minister of Justice And Constitutional Development and Others (4314/2014, 17327/2014) [2015] ZAWCHC 1; [2015] 1 All SA 589 (WCC); 2015 (2) SA 430 (WCC); 2015 (4) BCLR 447 (WCC); [2015] 4 BLLR 329 (WCC) (13 January 2015)

Court

Western Cape High Court, Cape Town

Case number

4314/2014, 17327/2014

Judge

Katz AJ

The court held that the Minister's Policy on the appointment of insolvency practitioners is inconsistent with the Constitution and invalid. The Policy unlawfully fetters the Master's discretion by imposing a rigid, inflexible regime based on race and gender quotas, preventing consideration of suitability, expertise, and creditor preferences. The Policy fails to meet the requirements for lawful remedial measures under section 9(2) of the Constitution, as it is not reasonably capable of achieving substantive equality and transformation. The use of quotas, rather than flexible targets, is imperm…

Source excerpt

• Affirmative Action
• Unlawful Fettering Of Discretion
• Remedial Measures
• Quota Systems
• Appointment Of Insolvency Practitioners
• Procedural Fairness

Solidarity obo van der Walt and Others v South African Police Service and Others (J 412/13)

Solidarity obo van der Walt and Others v South African Police Service and Others (J 412/13) [2013] ZALCJHB 130; [2013] 8 BLLR 816 (LC); (2013) 34 ILJ 2943 (LC) (28 February 2013)

Court

Labour Court Johannesburg

Case number

J 412/13

Judge

Steenkamp

The Labour Court granted urgent interim relief stopping SAPS promotions under a disputed equity agreement pending related main proceedings.

• Employment Equity
• Interdict Pendente Lite
• Demographic Targets
• Quota Systems
• Right To Equality
• Collective Agreements