The urgent application brought by Commissioners Faried Esack and Ms Colleen Lowe-Morna against the Commission on Gender Equality in the Witwatersrand Local Division of the High Court, was dismissed with costs.
In the application, Esack sought to interdict the Gender Commission from preventing Lowe Morna from continuing as CEO of the Commission. The Commission contended that Lowe Morna had resigned and that the application really arose because she regretted her resignation.
Acting Judge Jordaan found that Esack had no locus stand to bring the application and in regard to Lowe Morna, the court found that she had indeed resigned. The application was accordingly dismissed.
Joyce Piliso Seroke, Chair of the Gender Commission, said that "whilst the commission was obviously delighted that it had been vindicated in court, there was no need to dwell on the victory. It was more important that, after this trying period, the Commission continues focusing on its mission and re-dedicate itself to the trust and mandate placed in it by the President in terms of our Constitution".
Ms Seroke commended the legal team which represented the Commission. She said that advocates Nirmal Singh SC, Omar A Moosa and attorney Sivi Pather carried out their mandate at short notice "with alacrity and at all times with an exemplary degree of professionalism".
The application came in the wake of long-standing tensions between the Commissioners and Lowe-Morna. Lowe-Morna offered to resign in October and this offer was accepted by Commissioners during a Commission meeting in November. Lowe-Morna subsequently attempted to withdraw her resignation. She then denied that she had resigned and insisted on going about her duties as usual.
In the reasons handed down for his judgement on 17 December, Judge Jordaan stated that the High Court had jurisdiction in the matter as Lowe-Morna was employed by the State. He found, however, that Lowe-Morna had in fact resigned and that none of her fundamental rights had been breached. With regard to the allegations made by Esack and Lowe-Morna in their affidavits that the Commission would face collapse without Lowe-Morna as CEO, the Judge found that no-one is irreplaceable, that Commissioners clearly understood the task at hand and that they had matters under control. He added that he was assured that the President would only appoint competent and able people as Commissioners. There was thus no urgency in the matter. Judge Jordaan further found that Esack lacked locus stand to approach the Court in the matter. No fundamental right of Esack's had been breached. In all the circumstances, the Judge dismissed the Application with costs of two Counsels.
Issued by: Commission on Gender Equality
For further information please contact:
Joyce Piliso-Seroke - 08233365494
Phumelele Ntombela-Nzimande - 0824686861
22 December 1999