Department welcomes equity judgement

Cape Town - 130731. Witness, Johan Joubert, during recess at the Labour Court for the Correctional Services labour dispute. Reporter: natasha prince. Photo: Jason Boud

Cape Town - 130731. Witness, Johan Joubert, during recess at the Labour Court for the Correctional Services labour dispute. Reporter: natasha prince. Photo: Jason Boud

Published Oct 18, 2013

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Cape Town - Prison authorities welcomed a ruling on affirmative action by the Cape Town Labour Court on Friday.

The judgment affirmed the preamble of the Constitution, the correctional services department said in a statement.

“ (The department) will appoint a team to review its policies with respect to implementation of the Employment Equity Act as directed by the court,” acting national commissioner Nontsikelelo Jolingana said.

As part of this process it would hold talks with organised labour and the departments of labour and public service and administration.

The Labour Court instructed the department to take both national and regional demographics into account when setting equity targets.

This was applicable at all levels of the department's work force.

Judge Hilary Rabkin-Naicker ruled in favour of 10 Western Cape correctional service officials who had challenged the department's employment equity plan.

Initially, five officials challenged the department. They were followed by another five who had been overlooked for promotion on racial grounds. Solidarity took up the matter on behalf of the 10.

Solidarity said on Friday it would appeal against certain aspects of the judgment.

The judge had not dealt with certain constitutional issues, Solidarity deputy general secretary Dirk Hermann said in a statement.

“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,” he said.

The Freedom Front Plus said the judgment was a victory against the unfairness of affirmative action and Black Economic Empowerment (BEE).

“This judgment must be a huge embarrassment for the ANC government as it comes a day after the comments of Dr Rob Davies, the minister of trade and industry that BEE has not disadvantaged or harmed a single person in South Africa,” FFPlus parliamentary leader Pieter Groenewald said in a statement.

Earlier this year, President Jacob Zuma told Parliament he did not know of any person who had been negatively affected by these policies.

“The president and the ANC can just look at this judgment to find confirmation of the fact that people are affected by it, that they are denied opportunities and that it could impoverish them,” he said.

“The case could be viewed as one which could permanently change affirmative action in the public service, but also in other sectors,” Groenewald said.

Sapa

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