Vonnisbespreking : Korrek beslis binne die raamwerk van wesenlik irrelevante reg Lourens v Speaker of the National Assembly 2015 1 SA 618 (EqC)

Abstract

In Lourens v Speaker of the National Assembly 2015 1 SA 618 (EqC) the court held that the practice not to publish all national legislation in all eleven official languages is not constitutionally offensive, more specifically that it does not constitute unfair discrimination incompatible with section 9 of the Constitution and the relevant provisions of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000. The court accepted in favour of the applicant that the practice not to publish all legislation in all official languages constitutes discrimination on the basis of language, but found the evidence tendered on behalf of the first respondent convincing enough to rebut the presumption of unfairness (of the discrimination) and therefore it is not unconstitutional.