A majority of judges of the Constitutional Court (for some reason only 8 of the 11 judges heard the case) last week held that the Department of Correctional Services acted unlawfully by failing to use the demographic profile of both the national and regional economically active population to set the numerical targets for its Employment Equity Plan (EEP). However, except in the narrow circumstances of the present case, the judgment allows for the implementation of sweeping affirmative action measures based on strict adherence to affirmative action targets. A minority judgement disagreed with this approach, arguing that the majority, in effect, legalised rigid quota-based redress measures.

 South Africa’s Constitutional Court has often affirmed that redress measures (specifically race-based redress measures) do not constitute an exception to the equality guarantee in section 9 of the Bill of Rights. Instead, the implementation of robust redress measures is required to achieve equality as guaranteed by section 9 of the Constitution. (more…)

READ ARTICLE     

Quote of the week

The big guns of the international liberal order were wheeled out to stop us going headlong for the Puerto Rican option: the IMF, the WTO, the OECD. Ten Nobel economists added to the din; Obama wagged a finger; Clinton too. Then Soros. In reply a forest of fingers was stuck in the air. This was a vote against experts and technocrats, and the architects of austerity; it was also a vote against ‘free’, as in free trade and, above all, free movement: the ‘free’ of the global markets and the single European market. People know by now what’s meant by market democracy: markets

Jeremy Harding on Brexit
London Review of Books
2015 Constitutionally Speaking | website created by Idea in a Forest