Minister of Justice and Constitutional Development v SARIPA
South African legal case / From Wikipedia, the free encyclopedia
Minister of Justice and Constitutional Development and Another v South African Restructuring and Insolvency Practitioners Association and Others is a 2018 decision of the Constitutional Court of South Africa. The court struck down provisions of the government's Policy on the Appointment of Insolvency Practitioners, an affirmative action measure for the appointment of insolvency practitioners by the Master of the High Court. Justice Chris Jafta wrote the court's majority judgment and a three-person minority joined a dissent written by Justice Mbuyiseli Madlanga.
Quick Facts Minister of Justice and Constitutional Development v SARIPA, Court ...
Minister of Justice and Constitutional Development v SARIPA | |
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Court | Constitutional Court of South Africa |
Full case name | Minister of Justice and Constitutional Development and Another v South African Restructuring and Insolvency Practitioners Association and Others |
Decided | 5 July 2018 (2018-07-05) |
Docket nos. | CCT 13/17 |
Citation(s) | [2018] ZACC 20; 2018 (5) SA 349 (CC); 2018 (9) BCLR 1099 (CC) |
Case history | |
Prior action(s) |
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Court membership | |
Judges sitting | Zondo ACJ, Cameron J, Froneman J, Jafta J, Madlanga J, Mhlantla J, Theron J, Kathree-Setiloane AJ, Kollapen AJ and Zondi AJ |
Case opinions | |
Clauses 6 and 7 of the Policy on the Appointment of Insolvency Practitioners are arbitrary and unconstitutional to the extent that they differentiate between groups of previously disadvantaged individuals on the basis of the date that each individual obtained citizenship. (Unanimous.) The clauses are also arbitrary, irrational, and unconstitutional in their entirety. (7:3.) | |
Decision by | Jafta J (Zondo, Cameron, Kathree-Setiloane, Mhlantla, Theron and Zondi concurring) |
Dissent | Madlanga J (Kollapen and Froneman concurring) |
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