CCT39/06

[2006] ZACC 23

2007 (4) BCLR 339 (CC)

(2007) 28 ILJ 537 (CC)

2007 (4) SA 395 (CC)

Kondile AJ Majority judgment

Mokgoro and O'Regan JJ dissenting judgment

Sachs J separate judgment

12 December 2006

http://hdl.handle.net/20.500.12144/2966

Application for leave to appeal to the Constitutional Court against the judgment and order of the Pretoria High Court: Rutimba and Others v Director: Private Security Industry Regulatory Authority and Others Case No 35986/2003, 26 May 2006, Unreported

An appeal against a High Court ruling that s.23 (1) of the Private Security Industry Regulatory Authority Act was not unconstitutional to the extent that it only provided for the employment of South African citizens and permanent residents in the private security industry, to the exclusion of refugees who could not show good cause in terms of s.23(6) of the Act. The appeal was dismissed in a majority judgment written by Kondile AJ in which Moseneke DCJ, Madala J, Nkabinde J, and Sachs J (in a separate judgment) concurred. They held that the section is not discriminatory because the trustworthiness of nationals and permanent residents is easier to verify objectively. Mokgoro J and O'Regan J held in a dissenting judgment that the section discriminated on the basis of refugee status. This was contrary to South Africa's international law obligations and did not recognise that refugees occupied a position most similar to permanent residents and should therefore be entitled to admission to the industry. Langa CJ and Van der Westhuizen J concurred in the dissent.