CCT164/13

[2014] ZACC 19

[2014] 9 BLLR 827 (CC)

2014 (9) BCLR 997 (CC)

(2014) 35 ILJ 2727 (CC)

Cameron J Majority judgment

Jafta J separate judgment

10 March 2014

19 June 2014

http://hdl.handle.net/20.500.12144/3746

Application for leave to appeal against a judgment of the Port Elizabeth Labour Court: Sali v National Commissioner of the South African Police Services and Others (P246/10) [2013] ZALCPE 12 (21 May 2013).

Section 9 of the Constitution — unfair discrimination — age discrimination South African Police Service Regulations — Regulation 11 — age limit for employment of reservists — whether age limit is unfairly discriminatory Leave to appeal — constitutional challenge must be clearly and properly raised in the court of first instance — not in the interests of justice to grant leave where the Court cannot give effective relief. Application for leave to appeal against an order of the Labour Court concerning whether the South African Police Service (SAPS) may, in terms of section 9 of the Constitution (equality) and the Employment Equity Act 55 of 1998, refuse to employ job applicants because they have passed the prescribed age limits for appointment. The majority judgment held that applicant had not clearly raised his constitutional challenge because he had not directly challenged the empowering provision Regulation 11(1) of the Regulations for the SAPS in the Labour Court. The Court held that he could not be allowed to raise this challenge for the first time on appeal. The application for leave to appeal was refused. Majority: Cameron J (Moseneke ACJ, Skweyiya ADCJ, Dambuza AJ, Froneman J, Khampepe J, Madlanga J, Majiedt AJ, Van der Westhuizen J and Zondo J) Dissent: Jafta J