substantive equality Archives

Tag: substantive equality

Van Heerden test: Remedial equality restitution

by GilesFiles | Jul 5, 2018 | 2018, 2018, Associations/corporates, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Insights, Judges, Landmark judgments, Legal Practice, Legislation, Management, Parties, Policies - all, Public policy, Topics | 0 |

Minister of Justice & Constitutional Development v Saripa The constitutional court considered the Van Heerden test and in particular pointed out that arbitrariness and rationality are separate requirements of the rule of...