Justice minister to account to Equality Court

24 October 2014 - 09:40 By Nomahlubi Jordaan
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Minister of Justice and Correctional Services Michael Masutha. File photo
Minister of Justice and Correctional Services Michael Masutha. File photo
Image: SYDNEY SESHIBEDI

Justice minister Michael Masutha has missed his deadline to say whether he will reconsider appointing a white man as a senior magistrate, a union representing the Johannesburg magistrate has said.

The commission recommended that 23 vacant senior magistrate posts countrywide should be filled, which included the permanent appointment of Kroukamp.

In his court papers, Kroukamp claims that Radebe discriminated against him on the basis of race, which was denied on behalf of Radebe.

“The reason for his decision is that the appointment of anyone within the group of persons within which my recommendation fell would insufficiently promote racial and gender representation on the bench of the lower courts since the group is perceived to be exclusively or predominantly white,” Kroukamp said.

Kroukamp said Radebe’s decision violated the Promotion of Equality and Prevention of Unfair Discrimination Act.

Kroukamp, who has been a magistrate since 1995, was appointed in an acting capacity as senior magistrate and judicial head of the district in 1999. He has been acting in the position ever since.

According to the union’s Centre for Fair Labour Practices head, Dirk Groenewald, the court gave the minister until Tuesday this week (21-10-2014) to report back to the union, but he had not yet done so by yesterday (23-10-2014).

Groenewald said the union would now go forward with the case and would subpoena Radebe to testify about his decision.

“In addition, Solidarity will petition for the reconsideration of the decision to withdraw and re-advertise 22 other vacancies for senior magistrates,” Groenewald said in a statement.

Justice department spokesman Mthunzi Mhaga said the matter was still under consideration and Masutha will make a decision soon.

In an affidavit filed on behalf of Radebe in the matter, Chief State Law Advisor Jacob Skosana said the minister denied that Kroukamp had not been appointed because he was white.

“The appointment was not done for reasons that applied to all race groups and gender. Therefore, there was no discrimination,” Skosana said.

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