The Supreme Court of Appeal has ruled that racial quotas are unconstitutional

By | 6th December 2016

Constitutional Law lecturer Lauren Kohn speaks to John Maytham (Cape Talk / Radio 702) about the recent Supreme Court of Appeal (SCA) judgment of Minister of Justice v The SA Restructuring & Insolvency Practitioners Association (693/15) [2016] ZASCA 196 in which the SCA has held that racial quotas are unconstitutional.

According to the policy, 40% of appointments would go to African, coloured, Indian and Chinese women, 30% to African, coloured, Indian and Chinese men; 20% to white women; and 10% to white men. In 2015, the High Court in Cape Town ruled in favour of Solidarity and others and declared the policy unconstitutional and invalid. The state then appealed to the Supreme Court of Appeal – unsuccessfully.

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