|Case No.||Lower Court Judgments||Hearing Date||Judgment Date||Majority Author||Vote|
|CCT 143/13||Labour Court, Port Elizabeth, 21 May 2013||10 Mar. 2014||19 Jun. 2014||Cameron J|| 10-1
By Duncan Wild on 28 September 2014
The case concerns whether the age requirement in the recruitment polices of the South African Police Service (“SAPS“), unfairly discriminate of the basis of age.
The Constitutional Court denied the applicant leave to appeal on the basis that he had only raised a challenge to constitutionality of the SAPS recruitment age bar on appeal, which is not acceptable. In addition, the Commissioner of the SAPS had raised the age bar from 30 years, which is set in the application regulations, to 40, and if the Court were to set aside the decision to raise the age limit to 40 years, this would leave the applicant in worse position, by leaving the 30 year age limit in place. The the Constitutional Court held would not be in the interests of justice. Continue reading