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February 8. 2023. |
CCT 318/21 |
Constitutional Court of South Africa |
Right to conduct a business; discrimination |
The Constitutional Court of South Africa held that due to the exhaustion of the Tourist Relief Fund for SME-s hit by the global pandemic, and also due to the lifting of the public health emergency, there is no need to review the constitutionality of the ministerial decision to favour black businesses over the whites during the allocation of these funds. |
The Ministry of Tourism in South Africa found a Tourism Relief Fund for SME-s hit by the global pandemic, and provided the detailed regulation how to allocate these funds. Amongst other criterion, businesses run by black persons were awarded a higher point during the evaluation process vis a vis those managed by white owners. This was challenged before the judiciary as a discriminatory measure based on race. The High Court dismissed the claim and upheld the validity of the ministerial criteria, however, this decision was set aside by the Supreme Court of Appeal, which found the selection criteria based on race unconstitutional. The matter was brought before the Constitutional Court which considered, that due to the exhaustion of the funds concerned, and the lifting of the public health emergency, there has been no need anymore to review the constitutionality of the impugned measures. |
https://collections.concourt.org.za/handle/20.500.12144/38108 |
https://www.concourt.org.za/index.php/judgement/504-minister-of-tourism-and-others-v-afriforum-npc-and-another-cct318-21 |
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https://www.sowetanlive.co.za/news/south-africa/2023-02-08-top-court-dismisses-tourism-ministers-appeal-on-use-of-race-based-criteria-to-fund-sector/ |
September 3. 2021. |
CCT 245/21. |
Constitutional Court of South Africa |
Right to vote; freedom of assembly |
The Constitutional Court of South Africa dismissed the request of the South African Electoral Commission to postpone the municipal elections in the light of the public health restrictions. |
The Electoral Commission of South Africa turned to the Constitutional Court and requested the postponement of the scheduled municipal elections. The mandate of local councils terminated in August 2021, and the Constitution requires the holding of the next elections within 90 days after the dissolution of previous local councils. The Electoral Commission expressed its readiness to hold the elections, however, it would not be a fair and free electoral process. The Constitutional Court dismissed the claim and argued that the Constitution confer the duty on the Electoral Commission to hold the elections on due time, no postponement is possible in this regard. If any concern would come up regarding the fairness of the process, the ex post judicial review could remedy the situation, or the Parliament could pass the necessary amendments. |
http://www.saflii.org/za/cases/ZACC/2021/29.html |
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https://www.covid19litigation.org/case-index/south-africa-constitutional-court-cct-24521-2021-09-03 |
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