Solidarity's contempt of court application dismissed

Solidarity's contempt of court application dismissed

The Labour Court in Cape Town on Wednesday dismissed an application to find the correctional services department in contempt of court for apparently not using regional demographics when making appointments.

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"My finding in this matter should not be read as condoning any failure by the... employer to meet its constitutional obligation to obey orders of this court," Judge Hilary Rabkin-Naicker said in her order.

 

Solidarity had brought the application last week on behalf of 10 of its members, correctional services employees.

 

The application for an ex parte order was to force the correctional services department to explain why regional demographics were apparently not being taken into account when making appointments.

 

The officials felt disadvantaged by the department's employment equity plan because they are coloured.

 

Rabkin-Naicker found that the applicants failed to show the department was wilfully not complying with a previous court order forcing it to take both national and regional demographics into account.

 


(File photo: Gallo Images)

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