Rafoneke v Minister of Justice and Correctional Services
South African legal case / From Wikipedia, the free encyclopedia
Rafoneke and Others v Minister of Justice and Correctional Services and Others is a 2022 decision of the Constitutional Court of South Africa concerning the right of foreign citizens to be admitted and enrolled as legal practitioners in South Africa. The court dismissed a challenge to the constitutionality of section 24(2) of the Legal Practice Act, 2014, which the applicants contended was unconstitutional insofar as it restricted that right to South African citizens and permanent residents. It held unanimously that section 24(2) did not meet the test for unfair discrimination.[1][2]
Quick Facts Rafoneke v Minister of Justice and Correctional Services, Court ...
Rafoneke v Minister of Justice and Correctional Services | |
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Court | Constitutional Court of South Africa |
Full case name | Rafoneke and Others v Minister of Justice and Correctional Services and Others |
Decided | 2 August 2022 (2022-08-02) |
Docket nos. | CCT 315/21, CCT 321/21, CCT 06/22 |
Citation(s) | [2022] ZACC 29; 2022 (6) SA 27 (CC); 2022 (12) BCLR 1489 (CC) |
Case history | |
Prior action(s) | Rafoneke v Minister of Justice and Correctional Services and Others [2021] ZAFSHC 229 [2022] 1 All SA 243 (FB); 2022 (1) SA 610 (FB) in the High Court of South Africa, Free State Division |
Court membership | |
Judges sitting | Kollapen J, Madlanga J, Majiedt J, Mathopo J, Mhlantla J, Tshiqi J, Mlambo AJ and Unterhalter AJ |
Case opinions | |
It is constitutionally permissible for the Legal Practice Act, 2014 to restrict admission and enrolment into the legal profession to South African citizens and permanent residents. | |
Decision by | Tshiqi J (unanimous) |
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The matter was heard on 24 February 2022 and decided on 2 August 2022. The judgment was written by Justice Zukisa Tshiqi.[3][4]