Minister of Environmental Affairs and Tourism v George and Others

Approximately 5 000 artisanal fishers, represented by individuals and organisations, launched parallel proceedings in the High Court and the Equality Court in Cape Town. They alleged that the Minister of Environmental Affairs and Tourism had failed to provide them with equitable access to fishing rights and marine resources, amounting to unfair discrimination under the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (Equality Act). The fishers sought, as a preliminary step, an inquiry by the Equality Court into their equality claims. The Minister applied to the Equality Court for the matter to be referred to the High Court as a more appropriate forum. The Equality Court (NC Erasmus J) refused to refer the matter. The Minister appealed that refusal to the Supreme Court of Appeal without seeking leave to appeal and after procedural delays.

The application for condonation was refused with costs, and the appeal was struck from the roll with costs.

The case clarifies the procedural framework governing Equality Court proceedings, particularly the non-appealability of a refusal to refer a matter to another forum under section 20 of the Equality Act. It affirms that Equality Courts retain jurisdiction unless an express referral order is made, and that leave to appeal is required for appeals from Equality Court decisions. The judgment reinforces access to Equality Courts and prevents litigants from obstructing equality claims through interlocutory appeals.