DCS believes itself to be above the law - Solidarity
Trade union Solidarity will argue tomorrow in the Cape Town Labour Court that the Department of Correctional Services (DCS) is in contempt of an earlier court order in favour of ten of its members. Solidarity will argue that an order of incarceration or a stiff fine against the DCS National Commissioner, Mr Zach Modise, would be fitting in the circumstances.
On 9 October 2015, Judge Anneli Basson ordered Mr Modise to personally appear in court on 6 November 2015 to provide reasons why he is not guilty of contempt of the court order issued on 18 October 2013. In terms of this order, the DCS must also take the racial demographics of the Western Cape into account when employees are appointed or promoted, and not only the national racial demographics.
“The DCS is not only in contempt of the 2013 court order; it is also in contempt of the actual process of obtaining a contempt of court order. Although the order to file opposing papers for these contempt proceedings was served on Mr Modise in early October, no such opposing papers have been received,” explained Solidarity Deputy Head Johan Kruger.
According to Kruger this is merely another example of the DCS’s belief that it is above the law and the rules of the court. “We look forward to see whether Mr Modise will be in court tomorrow and also to hear his explanation. His tardiness to file opposing papers and to execute the court order granted in favour of our members sends a clear message to our members and their supporters: ‘We are not in a hurry protect your rights’,” Kruger said.
Indications are that Judge Hillary Rabkin-Naicker, who granted the initial order in favour of Solidarity and its members in 2013, will preside in tomorrow’s proceedings. The very same judgement will be scrutinised by the Constitutional Court on18 November 2015.