Racial quotas ruled unconstitutional
The Supreme Court of Appeal rejects the published policy for appointing insolvency practitioners in case on racial quotas
The Supreme Court of Appeal (SCA) has ruled racial quotas are unconstitutional and irrational. The ruling came in a matter brought before the court by the justice minister and the Master of the Supreme Court. Solidarity, various associations acting on behalf of concerned insolvency practitioners and a society of Afrikaans-speaking law practitioners (Vereniging van Regslui vir Afrikaans) were the respondents. At issue was a policy determining the appointment of insolvency practitioners published by the then minister of justice and constitutional development in the Government Gazette in February 2014. 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 approached the Supreme Court of Appeal. In its judgmen...
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