Molobi v South African National Parks and Others (LCC50/2014)
Molobi v South African National Parks and Others (LCC50/2014) [2018] ZALCC 32; 2018 (6) SA 217 (LCC) (18 June 2018)
The Court held that the income threshold in the definition of 'occupier' under section 1(c) of ESTA is rationally connected to the legitimate government purpose of protecting vulnerable persons from unfair evictions due to historical discrimination. The differentiation based on income is not arbitrary and does not amount to unfair discrimination under section 9 of the Constitution. The exclusion of higher income earners is reasonable and justified, considering the targeted nature of social legislation and the need to preserve State resources for those most in need. The applicant failed to dem…
Source excerpt
- Extension Of Security Of Tenure Act
- Income Thresholds
- Equality Clause
- Tenure Security
- Constitutional Invalidity
- Social Legislation