Larbi-Odam v MEC for Education (North-West Province)
Larbi-Odam v MEC for Education (North-West Province) is a 1997 judgment of the Constitutional Court of South Africa which held that a government policy forbidding the employment of non-citizens (including permanent residents) in permanent teaching positions, was unconstitutional.[1] Although citizenship is not one of the prohibited grounds for discrimination listed in the equality clause of South Africa's Constitution, the court found unanimously that in this case discrimination against non-citizens was unfair. It came to this decision because non-citizens are necessarily a minority with little political power, and because citizenship is a personal attribute which is difficult to change.[2]
| Larbi-Odam v MEC for Education (North-West Province) | |
|---|---|
 | |
| Court | Constitutional Court of South Africa |
| Full case name | Larbi-Odam and Others v the Member of the Executive Council for Education (North-West Province) and Another |
| Decided | 26 November 1997 |
| Citations | [1997] ZACC 16, 1997 (12) BCLR 1655, 1998 (1) SA 745 |
| Case history | |
| Appealed from | Bophuthatswana Division |
| Court membership | |
| Judges sitting | Chaskalson P, Langa DP, Ackermann, Didcott, Goldstone, Kriegler, Madala, Mokgoro, O'Regan & Sachs JJ |
| Case opinions | |
| Decision by | Mokgoro |
| Keywords | |
References
edit- ^ Currie, Iain; de Waal, Johan (2005). The Bill of Rights Handbook (5th ed.). Cape Town: Juta & Company Ltd. p. 259. ISBN 9780702159237.
- ^ "Media Summary: Larbi-Odam and Others v MEC for Education (North-West Province) and Another" (PDF). Constitutional Court. 26 November 1997. Retrieved 7 May 2013.
External links
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