When dealing with nepotism, one needs to consider K Naidoo and others v Parliament of the RSA (CA 4/2019) (handed down on 7 May 20219). In this matter, the Labour Appeal Court held that nepotism does not meet the test for discrimination set out in Harksen v Lane.
Nepotism is not necessarily an affront to human dignity. It differs from racism. Thus, nepotism may be considered wrongful, it is not a form of unfair discrimination within the scope of section 6(1) of the EEA. Even if a person alleges discrimination on the ground of ‘birth’ as per the given facts, it is unlikely that such discrimination would be found to be unfair.
