Solidarity demands explanation from DCS regarding non-compliance of court order

The Solidarity trade union sent a written request to the Department of Correctional Services (DCS) in the Western Cape, demanding an answer before the end of the day on Friday regarding its unwillingness to comply with an earlier court order. Earlier this year, the Labour Court in the Western Cape confirmed an earlier ruling of the Labour Court and ordered it to be implemented, pending the outcome of the appeal by both parties. In terms of this court order, the DCS may not take only the national demographics into account when employees are appointed or promoted; it should consider the region's demographics as well.

According to Dirk Groenewald, Head of Solidarity's Centre for Fair Labour Practices, the department has to this date been unable to provide proof that it had complied with the court order, despite several written requests from Solidarity. ‘In fact, the department appointed people despite the fact that the human resources department has not been provided with a revised affirmative action plan, and they are currently in the process of making further appointments,' he said.

Groenewald said the Labour Court concluded in October last year that the DCS would not be adversely affected by implementing the court order but that certain racial groups would actually be adversely affected if the Department should continue with its illegal appointment practices. ‘Therefore, we are of the opinion that there is no reason for the Department not to comply with the court order and that it is bound by the ruling.' 

Groenewald believes that Solidarity would approach the Labour Court again if the DCS cannot provide proof of its intention to comply with the court order. ‘The DCS's failure to respond to our requests, given the fact that the affirmative action plan of the DCS has not yet been revised, gives us cause to believe that the DCS does not comply with the court order and subsequently continues with its discriminatory practices. Our only alternative is to file a contempt of court application.'

The department's plan stipulates that coloured South Africans may only constitute 8,8% of DCS employees in the Western Cape while coloured South Africans constitute approximately 51% of the economically active population in the province. If the national demographics is applied to the Western Cape, it would mean that there are around one million coloured South Africans too many in the Western Cape.

Statement issued by Adv. Dirk Groenewald, Head: Centre for Fair Labour Practices, Solidarity, May 22 2014

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