South Africa Case Law

Minister of Constitutional Development and Another v South African Restructuring and Insolvency Practitioners Association and Others (CCT13/17)

Minister of Constitutional Development and Another v South African Restructuring and Insolvency Practitioners Association and Others (CCT13/17) [2018] ZACC 20; 2018 (5) SA 349 (CC); 2018 (9) BCLR 1099 (CC) (5 July 2018)

Court

Constitutional Court

Case number

CCT13/17

Judges

Zondo ACJ, Cameron J, Froneman J, Jafta J, Kathree-Setiloane AJ, Kollapen AJ, Madlanga J, Mhlantla J, Theron J, Zondi AJ

The majority held that the Minister’s policy for appointing provisional trustees under the Insolvency Act was invalid as it was not reasonably capable of achieving equality, failed to provide plausible reasons for differentiating between previously disadvantaged persons based on citizenship date, and was arbitrary and irrational. The policy unlawfully fettered the Master’s discretion by mandating rigid appointment ratios and did not adequately protect the interests of creditors. The exclusion of persons who became citizens on or after 27 April 1994 from the benefits of the policy was found to…

Source excerpt

• Remedial Equality
• Van Heerden Test
• Ultra Vires
• Arbitrariness
• Rationality Review
• Appointment Of Trustees