Solidarity: DCS scorns ConCourt’s order after historic affirmative action verdict

7th December 2016

Solidarity: DCS scorns ConCourt’s order after historic affirmative action verdict

Correctional Services Minister Michael Masutha
Photo by: GCIS

Trade union Solidarity today announced that it had brought an application to obtain an order for contempt against the Department of Corrective Services (DCS), after the department failed to heed an earlier order by the Constitutional Court.

This follows after the Constitutional Court’s verdict on 15 July this year that the DCS’s decision not to promote seven coloured employees of the Western Cape because of their skin colour, amounted to unfair discrimination and labour practice. The Court also ordered that all the members had to be remunerated retrospectively and be appointed in according positions.

“Since then, the DCS, after numerous reminders, has failed to remunerate and/or promote two of the members in terms of the order,” according to Anton van der Bijl, Head of Solidarity’s Centre for Fair Labour Practices.

Van der Bijl said that Solidarity is now bringing an application for contempt before the Labour Court in which the union petitions that not only the DCS but also both the Commissioner of Corrective Services, Mr Zach Modise, as well as the Minister of Correctional Services, Mr Michael Masutha, be held liable in their personal capacities. “Solidarity also requests that Mr Modise should explain, in both an affidavit and in a court appearance, why he should not be held guilty of contempt of court.”

See statement after the court verdict. Click here-https://solidariteit.co.za/en/dcs-employees-must-appointed-backdated-pay-solidarity/

Court applications attached.

 

Issued by Solidarity