Case Note: Defining Discrimination on an Arbitrary Ground: A Discussion of Minister of Justice & Correctional Services & others v Ramaila & others (2021) 42 ILJ 339 (LAC)
Author Kamalesh Newaj
Affiliations: Senior Lecturer in Labour Law, Faculty of Law, University of Pretoria
Source: Industrial Law Journal, Volume 41 Issue 3, 2021, p. 1405 – 1416
This case note examines the interpretation given by the Labour Appeal Court (LAC) in Minister of Justice and Correctional Services & others v Ramaila & others to the term ‘arbitrary ground’, as contained in s 6(1) of the Employment Equity Act. Its conclusion is that the narrow approach adopted by the LAC was incorrectly decided. The court failed to interpret s 6(1) in a purposive manner, which requires a holistic consideration of the objectives of the EEA, a proper consideration of the constitutional rights promoted by the EEA, and a circumspect evaluation of international law.