IRM1501
PORTFOLIO 2025
DUE DATE: 27 MAY 2025
,PORTFPOLIO EXAM QUESTIONS
QUESTION 1
Discuss the relevant aspects of the case of Social Justice Coalition and Others v
Minister of Police and Others (CCT 121/21) [2022] ZACC 27; 2022 (10) BCLR 1267
(CC) (19 July 2022), which is available under ‘Additional resources’.
Case Summary
Social Justice Coalition and Others v Minister of Police and Others (CCT 121/21) [2022]
ZACC 27
Citation: Social Justice Coalition and Others v Minister of Police and Others [2022]
ZACC 27.
1. Summary of the Facts
The case arose from systemic discrimination in the allocation of policing resources in
South Africa’s Western Cape Province, disproportionately affecting poor and Black
communities. Key factual milestones
2011–2014
The Khayelitsha Commission of Inquiry found that SAPS (South African Police
Service) used an outdated model (Theoretical Human Resource Requirement, or
THRR) that under-resourced Black and poor communities, violating equality
principles 314.
, 2018
The Equality Court declared SAPS’ resource allocation system discriminatory on
grounds of race and poverty, marking the first judicial recognition of poverty as a
discrete ground of discrimination in South Africa 14.
2018–2021
The Equality Court delayed determining a remedy despite repeated requests. The
applicants sought a declaratory order from the Constitutional Court, arguing the delay
constituted a "constructive refusal" of a remedy 38.
2. Legal Questions
Procedural Issue
Does an unreasonable delay by a lower court in finalizing a remedy amount to a
"constructive refusal," engaging the Constitutional Court’s appellate jurisdiction?
Substantive Issue
Did SAPS’ resource allocation system unfairly discriminate against poor and Black
communities under Section 9(3) of the Constitution and the Promotion of Equality and
Prevention of Unfair Discrimination Act?
Jurisdictional Issue
Can the Constitutional Court intervene in pending proceedings of another court to
enforce the right to access justice (Section 34)?
3. Ratio Decidendi
PORTFOLIO 2025
DUE DATE: 27 MAY 2025
,PORTFPOLIO EXAM QUESTIONS
QUESTION 1
Discuss the relevant aspects of the case of Social Justice Coalition and Others v
Minister of Police and Others (CCT 121/21) [2022] ZACC 27; 2022 (10) BCLR 1267
(CC) (19 July 2022), which is available under ‘Additional resources’.
Case Summary
Social Justice Coalition and Others v Minister of Police and Others (CCT 121/21) [2022]
ZACC 27
Citation: Social Justice Coalition and Others v Minister of Police and Others [2022]
ZACC 27.
1. Summary of the Facts
The case arose from systemic discrimination in the allocation of policing resources in
South Africa’s Western Cape Province, disproportionately affecting poor and Black
communities. Key factual milestones
2011–2014
The Khayelitsha Commission of Inquiry found that SAPS (South African Police
Service) used an outdated model (Theoretical Human Resource Requirement, or
THRR) that under-resourced Black and poor communities, violating equality
principles 314.
, 2018
The Equality Court declared SAPS’ resource allocation system discriminatory on
grounds of race and poverty, marking the first judicial recognition of poverty as a
discrete ground of discrimination in South Africa 14.
2018–2021
The Equality Court delayed determining a remedy despite repeated requests. The
applicants sought a declaratory order from the Constitutional Court, arguing the delay
constituted a "constructive refusal" of a remedy 38.
2. Legal Questions
Procedural Issue
Does an unreasonable delay by a lower court in finalizing a remedy amount to a
"constructive refusal," engaging the Constitutional Court’s appellate jurisdiction?
Substantive Issue
Did SAPS’ resource allocation system unfairly discriminate against poor and Black
communities under Section 9(3) of the Constitution and the Promotion of Equality and
Prevention of Unfair Discrimination Act?
Jurisdictional Issue
Can the Constitutional Court intervene in pending proceedings of another court to
enforce the right to access justice (Section 34)?
3. Ratio Decidendi
