Constitution 174 Archives

Rigid exclusion policy: Discrimination against white males

by GilesFiles | Dec 2, 2021 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Central, Costs, Courts, Declaratory, Dignity equality freedom, Disallowed, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Judges, Labour Relations, Legal Practice, Legality principle, LRA 1995, LRA 8b: 185-186(2) Practices, Orders, Parties, Resolving disputes (LRL 3), Review tests, SCA judges, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Supreme Court of Appeal, Topics | 0 |

Magistrates Commission v Lawrence SCA decided that the rigid exclusion policy adopted when considering persons for appointment as magistrates was totally unacceptable and amounted to discrimination. “There ought to have...

Overlooking white male: Appointment discrimination proved

by GilesFiles | Aug 16, 2021 | 2020 onwards, Applications, Bill of Rights, Central, Costs, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), Evidence & onus, Government, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Sectors, Specific performance, State organs, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Challenge needed to avoid hell and high water

by GilesFiles | Nov 21, 2012 | Bill of Rights, Insights, Legality principle, philosophy / economics, Thought Leaders, Topics | 0 |

It is argued that the interpretation placed on section 174(2) of the Constitution by the JSC elevates the race element into ‘an imperative of the constitution that must be complied with come hell or high water’. Paul Hoffman is...

Tag: Constitution 174

Rigid exclusion policy: Discrimination against white males

Overlooking white male: Appointment discrimination proved

Challenge needed to avoid hell and high water