TRANSFORMATION APPOINTMENTS
Top court rules against policy for insolvency practitioners in estates
The justice minister’s transformation appointment policy for insolvency practitioners in estates was irrational, discriminatory and unlikely to achieve equality, the Constitutional Court ruled on Thursday. Justice and Constitutional Development Minister Michael Masutha, his department and the chief master of the High Court had appealed against a Supreme Court of Appeal ruling that the policy, which was implemented in 2014, was irrational. Trade union Solidarity had earlier applied in the High Court in Cape Town to have the policy declared unconstitutional. That court found it failed to meet the requirements of "restitutionary measure" under the Constitution and that it was "irrational". Insolvency practitioners were grouped in race categories and appointed alphabetically. In a majority judgment, the Constitutional Court said the policy in certain cases also removed the master of the High Court’s discretion to appoint insolvency practitioners. The court found that because white men g...
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