Show simple item record

dc.date.accessioned 2017-04-08T17:06:43Z
dc.date.available 2017-04-08T17:06:43Z
dc.date.created 2006-06-26 en
dc.identifier.citation [2006] ZACC 23
dc.identifier.citation 2007 (4) BCLR 339 (CC)
dc.identifier.citation (2007) 28 ILJ 537 (CC)
dc.identifier.citation 2007 (4) SA 395 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/2966
dc.title Union of Refugee Women and Others v Private Security Industry Regulatory Authority and Others en
dc.title.alternative CCT39/06 en
dc.identifier.casenumber CCT39/06 en
dc.contributor.judge Kondile AJ Majority judgment
dc.contributor.judge Mokgoro and O'Regan JJ dissenting judgment
dc.contributor.judge Sachs J separate judgment
dc.date.judgment 12 December 2006
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/2966/Full%20judgment%20Official%20version%20%28513%20Kb%29-8781.pdf?sequence=12&isAllowed=y
dc.concourt.synopsis 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.
dc.concourt.casehistory 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


Files in this item

This item appears in the following Collection(s)

Show simple item record

Search ConCourt Collections


Browse

My Account