Minister chooses race over service delivery with vacant senior magistrate positions
Solidarity's Centre for Fair Labour Practices, on behalf of acting senior magistrate Martin Kroukamp, referred a case of unfair labour practices to the Equality Court after he had not been promoted because of the colour of his skin. Kroukamp, whose career as a magistrate spans more than 18 years, was nominated as the best candidate but despite the recommendation of the Magistrate's Commission, Justice Minister Jeff Radebe refused to appoint Kroukamp because he is white. Many positions for senior magistrates remain vacant as the Minister refuses to accept the recommendations of the Magistrate's Commission.
Adv. Dirk Groenewald, head of the Centre for Fair Labour Practices, said Radebe defended his decision not to promote Kroukamp in a letter to the Magistrate's Commission. ‘The minister argued that Kroukamp's promotion would not have met the constitutional requirements regarding the transformation of the judiciary. However, in court documents the Minister now argues that Kroukamp has not been promoted since he requires the Magistrate's Commission to submit more than one candidate for consideration to him so that he would be able to exercise a choice.'
Kroukamp has been acting senior magistrate at the Alberton Magistrate's Court since January 2009. Groenewald said Kroukamp applied for the position in October 2010 when it was advertised. ‘He was invited for an interview before the Magistrate's Commission in November 2010 and was only advised in May 2013 that the Minister had not agreed with the Commission's recommendations and the vacant positions had to be advertised again.' Groenewald said that Kroukamp then filed an application in terms of the Promotion of Access to Information Act to determine why he had not been appointed.
‘We then obtained a memorandum sent to the Minister by the Magistrate's Commission with recommendations regarding the filling of vacant senior magistrates' positions. In the memorandum, Kroukamp was recommended as the only suitable candidate for the position as senior magistrate at Alberton. The Magistrate's Commission said considering the performance of the candidates interviewed, the requirements of section 174 (2) of the Constitution, the needs of the office and the needs of the community it serves, Kroukamp was recommended as the only suitable candidate. Minister Radebe responded in writing, saying that Kroukamp's promotion would not promote transformation.'
According to Groenewald it is unacceptable that so many posts are vacant. ‘The Minister is clearly more concerned with racial representation than service delivery. Senior magistrates perform a very important role in the functioning of the lower courts, such as assisting magistrates. Therefore it is imperative that the positions should be filled to ensure that magistrates' courts serve the public's needs.'
Solidarity demands that Kroukamp be appointed in the position as senior magistrate and that he is compensated retrospectively.
Statement issued by Adv. Dirk Groenewald, Head: Centre for Fair Labour Practices, Solidarity, March 26 2014
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