3.3_Case update by Benita Whitcher.pdf
3.3_Case update by Benita Whitcher.pdf
3.3_Case update by Benita Whitcher.pdf
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Equity plans and the defence of<br />
affirmative action<br />
Must an ER have an equity plan before it can raise the defence of AA?<br />
Gordon v Department of Health: KwaZulu-Natal [2008] 11 BLLR 1023 (SCA)<br />
– Constitution is committed to substantive equality and permits unequal<br />
treatment where the objective is to promote equality.<br />
– But such unequal treatment must be effected <strong>by</strong> means of ‘measures<br />
designed to achieve’ adequate protection and advancement of designated<br />
groups.<br />
– Decisions to appoint or promote designated candidates simply because they<br />
are such are irrational, arbitrary and unfair.
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