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The Solidarity trade union subpoenaed Jeff Radebe, former Minister of Justice and Constitutional Development,  to appear in the Equality Court in Pretoria on 25 and 26 September 2014. Solidarity will represent its member, magistrate Martin Kroukamp, in the Equality Court where arguments will be presented that Minister Radebe had discriminated unfairly against Kroukamp, based on his race.

According to SolidarityDeputy General Secretary, Johan Kruger, the court case followed since the recommendation by the Magistrate’s Commission to appoint Kroukamp was ignored by Radebe on account of Kroukamp’s race.

“For Solidarity, the crux of the matter is not merely magistrate Kroukamp’s rights, but each and every South African’s right to an effective judicial system. The cornerstone of the South African democracy is the rule of law and we should protect it,” Kruger said.

Kroukamp then filed an application in terms of the Promotion of Access to Information Act to determine why he had not been appointed.  According to the information received by Solidarity, the Magistrate’s Commission said that, based on the performance of the candidates interviewed, the provisions in section 174 (2) of the Constitution regarding gender and race, the requirements of the office and the needs of the community it serves, Kroukamp was recommended as the only suitable candidate.

Kruger said that despite the fact the magistrate Kroukamp had been recommended by the Magistrate’s Commission as the best and only candidate for the position as magistrate in the Alberton Magistrate’s Court, Minister Radebe ignored the Commission’s recommendation, saying that Kroukamp's promotion would not promote transformation. He then also indicated that the vacant posts had to be advertised again.

“This is the first time that Solidarity subpoenaed a minister to explain his decision in court. In our summons to the minister, we requested that he should provide evidence to support his decision not to promote magistrate Kroukamp,” Kruger said.

“Senior magistrates play an important role in the functioning of the lower courts and, among other things, have to support magistrates. Therefore, it is imperative that the positions should be filled in order to ensure that magistrates’ courts are able to render the necessary services to the public,” Kruger said.

Issued by Solidarity