Solidarity wins affirmative action case against DCS

The Cape Town Labour court this morning ruled in trade union Solidarity's favour in its affirmative action lawsuit against the Department of Correctional Services (DCS). The court found that using the national racial demographics as the only measure for implementing affirmative action was an unfair practice.

Dirk Hermann, Deputy General Secretary of Solidarity, said Judge Hilary Rabkin-Naicker ruled that the DCS's unfair practices should be revised immediately. ‘The DCS must therefore revise its affirmative action processes. The ruling will not only affect the DCS, but also the rest of the public service.'

Solidarity indicated, however, that it would appeal against certain aspects of the judgment. ‘Certain constitutional issues were not dealt with by the judge. We can't expect the Labour Court to pass judgment on important constitutional matters and therefore we still want to go to the Constitutional Court. This victory is significant, but it's not the end of the road,' said Hermann.

The judge moreover, among other things, ruled that Peter Davids, the only white applicant in the case, was not included in the judgment, as white men are not part of the designated group. ‘The judge based this decision on the Labour Appeal Court's ruling in the Renate Barnard case. The Barnard case is due to be heard in the Supreme Court of Appeal on 6 November. In the meantime we will make the necessary arrangements to appeal against certain aspects of today's judgment.'

Statement issued by Dirk Hermann, Deputy General Secretary Solidarity and Dirk Groenewald Head: Centre for Fair Labour Practices, Solidarity, October 18 2013

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