South Africa Case Law

Magistrates Commission and Others v Lawrence (388/2020)

Magistrates Commission and Others v Lawrence (388/2020) [2021] ZASCA 165; [2022] 1 All SA 321 (SCA); (2022) 43 ILJ 567 (SCA); 2022 (4) SA 107 (SCA) (2 December 2021)

Court

Supreme Court of Appeal

Case number

388/2020

Judges

Ponnan, Saldulker, Van der Merwe, Molemela, Potterill

The Supreme Court of Appeal dismissed a challenge to magistrate shortlisting, holding that the Bloemfontein committee lacked a quorum and that race-based exclusion was unlawful.

• Judicial Appointments
• Unfair Discrimination
• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Section 174 Constitution
• Affirmative Action
• Administrative Review

Singh v Minister of Justice and Constitutional Development and Others (57331/2011)

Singh v Minister of Justice and Constitutional Development and Others (57331/2011) [2013] ZAEQC 1; 2013 (3) SA 66 (EqC); (2013) 34 ILJ 2807 (EqC) (23 January 2013)

Court

Equality Court

Case number

57331/2011

Judge

A P Ledwaba

The court found that the criteria and policies used by the Magistrates Commission for short-listing and appointing entry level magistrates were unfairly discriminatory as they failed to specifically consider disability, despite constitutional and statutory obligations to promote substantive equality. Section 174(2) of the Constitution, while mentioning race and gender, does not exclude disability, and section 9(3) together with the Equality Act and international conventions require active promotion of disabled persons. The respondents' reliance on race and gender alone was insufficient and th…

Source excerpt

• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Judicial Appointments
• Disability Rights
• Affirmative Action
• Section 174 Constitution
• Substantive Equality