CCT8/97

[1998] ZACC 1

1998 (2) SA 363 (CC)

1998 (3) BCLR 257 (CC)

Langa DP Majority judgment

Sachs J dissenting judgment

19 August 1997

17 February 1998

http://hdl.handle.net/20.500.12144/2040

An application for leave to appeal to Constitutional Court and an appeal against the decision of the High Court, in Walker v Stadsraad van Pretoria 1997(4) SA 189 (T) setting aside the decision of the Magistrates' Court, leave to appeal granted, appeal upheld.

Application for leave to appeal against decision of Transvaal High Court granting order of absolution from the instance in favour of Walker. Langa DP for majority held that Council indirectly unfairly discriminated on basis of race by selectively enforcing payment for electricity and water against residents of old Pretoria and not those of Mamelodi and Atteridgeville. Flat rate and cross-subsidisation not unfair discrimination. But absolution from the instance not appropriate relief, so appeal upheld. Sachs J in separate judgment held that selective enforcement is not unfair discrimination.