PORT ELIZABETH - Business organisation Sakeliga has approached the Cape Supreme Court and Equality Court, to challenge racial quotas and racial classification as applied in the Western Cape Legal Practice Council as unconstitutional.
Sakeliga also argues that should the courts find that such racial classification is not unconstitutional, there should at least be objective standards and acceptable processes for racial classification, based on which persons should be able to appeal against their racial classification. The case stems from an incident early in 2019 when Adv Ncumisa Mayosi received the third most votes in an election of the Western Cape Legal Practice Council but was not allowed to take up her position because of a quota system.
The quota provides for only one black female advocate among the 10 positions in the Legal Practice Council. According to the Legal Practice Council, Adv Mayosi would have exceeded this quota and she therefore had to be turned away. Following the quota decision, the Cape Bar Council brought applications against, inter alia, the minister of justice and corrective services and the Legal Practice Council in the Cape Supreme Court and the Equality Court.
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