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South Africa Case Law

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Labour Law [2016] ZACC 18

Solidarity and Others v Department of Correctional Services and Others (CCT 78/15)

Solidarity and Others v Department of Correctional Services and Others (CCT 78/15) [2016] ZACC 18; (2016) 37 ILJ 1995 (CC); 2016 (5) SA 594 (CC); [2016] 10 BLLR 959 (CC); 2016 (10) BCLR 1349 (CC) (15 July 2016)

Court
Constitutional Court
Case number
CCT 78/15
Judges
Moseneke DCJ, Cameron J, Jafta J, Khampepe J, Nkabinde J, Nugent AJ, Van der Westhuizen J, Zondo J

The Constitutional Court held that the Department of Correctional Services' 2010 Employment Equity Plan was unlawful to the extent that it failed to take into account both national and regional demographic profiles as required by section 42 of the Employment Equity Act. The Plan's numerical targets did not constitute rigid quotas because they allowed for deviations, but the benchmark used to determine overrepresentation was incorrect. As a result, the Department's refusal to appoint Coloured and female applicants in the Western Cape, based on the flawed benchmark, amounted to unfair discrimin…

Source excerpt

  • Employment Equity Act
  • Affirmative Action
  • Unfair Discrimination
  • Numerical Targets Vs Quotas
  • Regional Demographics
  • Remedial Orders
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Labour Law [2016] ZALCJHB 148

Solidarity obo Members v South African Police Service and Others (J442/16)

Solidarity obo Members v South African Police Service and Others (J442/16) [2016] ZALCJHB 148; [2016] 7 BLLR 671 (LC) (15 April 2016)

Court
Labour Court Johannesburg
Case number
J442/16
Judge
Anton J Steenkamp

The court found that the SAPS Employment Equity Plan for 2015-2019, which relies solely on national demographics for appointments and promotions, is prima facie at odds with the requirements of the Employment Equity Act and the Constitution as interpreted in previous judgments. The plan fails to consider regional demographics, which is a necessary criterion for lawful affirmative action measures. The National Instruction 3 of 2015 does not cure this defect, as it refers back to the plan's national demographic targets. The court held that irreparable harm would result if appointments proceeded…

Source excerpt

  • Employment Equity
  • Affirmative Action
  • Interim Interdict
  • Regional Demographics
  • Unfair Discrimination
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Labour Law [2013] ZALCCT 38

Solidarity and Others v Department of Correctional Services and Others, Solidarity and Others v Department of Correctional Services and Others (C 368/2012, C968/2012)

Solidarity and Others v Department of Correctional Services and Others, Solidarity and Others v Department of Correctional Services and Others (C 368/2012, C968/2012) [2013] ZALCCT 38; [2014] 1 BLLR 76 (LC); (2014) 35 ILJ 504 (LC) (18 October 2013)

Court
Labour Court Cape Town
Case number
C368/2012, C968/2012
Judge
Rabkin-Naicker

The court held that the Department of Correctional Services' Employment Equity Plan, which relied solely on national demographic targets and disregarded regional demographics, was inconsistent with the requirements of the Employment Equity Act and the Constitution. Section 42 of the EEA mandates that both national and regional demographics must be considered when setting equity targets for designated groups. The failure to do so resulted in unfair discrimination against black and coloured employees in the Western Cape, as the plan excluded them from equitable opportunities for appointment and…

Source excerpt

  • Employment Equity Act
  • Affirmative Action
  • Unfair Discrimination
  • Regional Demographics
  • Substantive Equality
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.