Courts’ ruling of Insolvency Practitioners’ appointment policy being unconstitutional is appealed
A policy aiming to transform the appointment of insolvency practitioners does not aim to be a panacea‚ but hopes to redress the injustices of the past. This was the argument of the Minister of Justice and Constitutional Development and the Chief Master of the High Court of SA in the Constitutional Court on Thursday. "One in 10 appointments is better than one in no appointments‚" advocate Renata Williams SC‚ representing the minister‚ argued in front of 10 judges. The minister and the master appealed the rulings by the Western Cape High Court and the Supreme Court of Appeal (SCA), which declared the Policy on the Appointment of Insolvency Practitioners‚ promulgated in 2014‚ to be unconstitutional. These courts ruled that the policy fetters the master to appoint insolvency practitioners to estates and does not take the demographics of insolvency practitioners into account, the majority of which are white males. The minister argued that the policy is a legitimate form of affirmative ac...
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