Related documents
Loading PDF...
This document is 959.0 KB. Do you want to load it?
History of this document
14 March 1979 this version
Commenced
06 March 1979
Assented to
Cited documents 0
Documents citing this one 13
Gazette
10Judgment
2|
Reported
A regulation excluding non‑citizens from permanent teaching posts unfairly discriminates against permanent residents and is unconstitutional.
Equality — Discrimination — Citizenship as an unspecified ground — Differentiation on citizenship can impair dignity and be unfair; protection of citizens' employment does not justify excluding permanent residents; subordinate regulations cannot be read to neutralise unconstitutional discrimination.
|
|
Reported
Court upheld executive section 9 removal notice; Bill of Rights did not, on the record, render section invalid or require prior hearing.
Administrative law — Immigration/removal notice under national legislation — Challenge under Bill of Fundamental Rights (Proclamation R101/1985) — Equality and freedom of movement — classification test and need for factual evidence to assess reasonableness; Audi alteram partem — scope in urgent executive exclusions; Ouster clause — severability; Scope of Bill of Rights under Proclamation — primarily limits on legislative Acts, not an automatic fetter on all administrative action.
|
Act
1|
Uncommenced
Infrastructure and Transportation
|