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Constitutional Court of South Africa

The Constitutional Court of South Africa is a supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of 1996. The Court sits in the city of Johannesburg. The Constitutional Court has jurisdiction to hear any matter if it is in the interests of justice for it to do so. (Banner image credit: By André-Pierre from Stellenbosch, South Africa.)

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Constitutional Court, 1 Hospital Street, Constitution Hill, Braamfontein, South Africa, 2017

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1 judgment

Citation	Judgment date
February 2002
Bel Porto School Governing Body and Others v Premier of Western Cape Province and Another [2002] ZACC 2 (21 February 2002) Reported Whether the respondent's school staffing rationalisation unlawfully discriminated against and denied the applicants administrative justice. Education — Personnel provisioning and rationalisation — Provincial scheme to redress apartheid-era disparities — rationality and budgetary considerations; Equality (s9) — distinction between historical administrative arrangements and unfair discrimination; Administrative justice (s33) — duty to consult and to provide justifiable administrative action when retrenchment/redeployment affects identifiable employees; Remedies — tailoring relief to cure unfair implementation without necessarily setting aside whole policy.	21 February 2002

Citation

Judgment date

February 2002

Bel Porto School Governing Body and Others v Premier of Western Cape Province and Another [2002] ZACC 2 (21 February 2002)

Reported

Whether the respondent's school staffing rationalisation unlawfully discriminated against and denied the applicants administrative justice.

Education — Personnel provisioning and rationalisation — Provincial scheme to redress apartheid-era disparities — rationality and budgetary considerations; Equality (s9) — distinction between historical administrative arrangements and unfair discrimination; Administrative justice (s33) — duty to consult and to provide justifiable administrative action when retrenchment/redeployment affects identifiable employees; Remedies — tailoring relief to cure unfair implementation without necessarily setting aside whole policy.

21 February 2002