n Without Prejudice - The (missing) link between benefit and disadvantage : affirmative action
|Article Title||The (missing) link between benefit and disadvantage : affirmative action|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Publication Date||Dec 2014|
|Pages||54 - 56|
In Minister of Finance v Van Heerden 2004 (6) SA 121 (CC), the Constitutional Court suggested that there must be a rational link between a public policy providing benefits, and specific disadvantage suffered by a beneficiary of the policy. Pursuant to a decision of the Indian Supreme Court, this approach may pave the way to a more nuanced approach to affirmative action.
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