Union accuses DCS of contempt of court; department promises to revoke appointments that are in violation of court order

The unlawful appointments that the Department of Correctional Services (DCS) made during the first quarter of 2014 are in violation of an earlier court order of the Labour Court in Cape Town and amounts to contempt of court, trade union Solidarity said today. The DCS had already appointed 121 employees in seven different provinces by April this year, even though it had not revised its affirmative action plan as ordered by the court. The DCS denies that it has made any appointments in the Western Cape.

In terms of the court order, the DCS may not base personnel appointments and promotions solely on the national racial demographics and has to take regional demographics into account as well.

According to Dirk Groenewald, Head of Solidarity's Centre for Fair Labour Practices, the DCS has undertaken to launch an investigation into the mentioned appointments in seven provinces and, if these appointments are in violation of the Labour Court's earlier order, to revoke them. "From the information available to us it is clear that the DCS decided to obey the court order in the Western Cape only and continued to make appointments based on the national racial demographics in the other provinces. We are therefore of the opinion that the DCS did not comply with an order of court, which amounts to contempt of court."

Groenewald says the department did inform Solidarity during a meeting earlier this week that it has drawn up an internal policy in which its revised affirmative action plan is in line with the court order. "According to the DCS the first draft of the mentioned document has been submitted to the national commissioner, whose approval and input are awaited. Earlier, Solidarity had offered to give its input regarding the formulation of the policy, but this offer was turned down by the DCS. In spite of the fact that the DCS had been aware of the judgment since 6 February 2014, 200 posts are now frozen in the Western Cape pending the formulation of the policy, which, among other things, affects service delivery," explains Groenewald.

Solidarity is awaiting confirmation from the DCS regarding the number of appointments that were made in the other provinces and its intended course of action. Depending on the department's feedback, Solidarity will consider the possibility of proceeding with a contempt of court application.

In February this year the Labour Court in the Western Cape ratified an earlier court ruling of the Labour Court and ordered that it be implemented pending the conclusion of the appeal lodged by both parties.

Statement issued by Adv. Dirk Groenewald, Head: Centre for Fair Labour Practices, Solidarity, May 29 2014

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