Solidarity vs. the DCS: Government contradicts itself over affirmative action
Trade union Solidarity today, upon the resumption of its affirmative action case against the Department of Correctional Services (DCS) in the Cape Town Labour Court, pointed out that the government is contradicting itself regarding the concept of absolute racial representation. While this concept is one of the keystones of the DCS's case, the Commission for Employment Equity (CEE) indicated that racial representation does not have to be applied rigidly.
Dr Loyiso Mbabane, Chairperson of the CEE, said during an interview (see below) there is no law that requires the composition of an employer's workforce to be an absolute reflection of the demographics of any area. Johan Kruger, spokesperson for Solidarity, says that, by implication, racial demographics do not have to be applied nationally or regionally. ‘This statement by the commission, the government's advisory body regarding affirmative action, is therefore at odds with the DCS's obsession with the application of the national racial demographics in all areas and on all job levels.'
Kruger furthermore says Solidarity is dissatisfied with the failure of the DCS's legal team to keep to the agreed deadlines for the submission of important documents. ‘The DCS's legal team was supposed to provide various documents to Solidarity's legal team by specific deadlines. However, all the documents were provided months after the deadlines, thereby precluding the possibility that the case could end sooner. This is a shocking waste of taxpayers' money and appears to be a delaying tactic of the DCS.'
Solidarity's case against the DCS's controversial affirmative action plan resumed in the Labour Court in Cape Town this morning. The case between Solidarity and the DCS had been heard in the Labour Court from 24 April to 3 May, after which it was postponed until 29 July. Solidarity is representing Linda-Jean Fortuin, Christopher February, André Jonkers, Geo-nita Baartman, Pieter Davids, Derick Wehr, Jan Kotze, Desiree Merkeur, Deidre Jordaan and Teresa Abrahams. In all cases the persons concerned had been identified as the best candidates for the positions they had applied for and their skin colour was the only reason why they were not appointed.
Statement issued by Johan Kruger, Spokesperson: Solidarity, July 29 2013
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