Lothar
JOHANNESBURG
White judge wins discrimination case
Wed, 19 Apr 2006
A white male magistrate has won a case of unfair discrimination against
the Port Elizabeth Magistrate's Court, the Herald Online reported on Wednesday.
The Equality Court ruled on Tuesday that the court's short-listing procedures for appointing regional court magistrates discriminated unfairly against white male applicants.
The procedures made it impossible for a white man to be promoted over a
black woman, irrespective of experience or any other non-race factors.
This, the equality court said, amounted to "unfair discrimination" instead of
the "fair discrimination" principle the court had endorsed with a view
to employment equity.
The ruling by Judge Andre Erasmus follows the unsuccessful application in 2002 and 2003 by two highly experienced white Port Elizabeth magistrates in lower courts to be appointed regional court magistrates.
Neither was short-listed, on the grounds that they were white males.
Instead, several inexperienced black women made the list.
In the case of one of the magistrates, Ignatius du Preez, against
Justice Minister Brigitte Mabandla, Erasmus ruled the minister had failed
to prove that the discrimination against the white magistrate was fair.
He ordered that the existing criteria for short-listing of candidates
be set aside, the posts be re-advertised and that the minister pay the legal costs.
Du Preez has 19 years' experience as a magistrate and holds the degrees
B.Juris, LL.B and Master of Public Administration.
Under the existing short-listing procedure, he scored three points for experience, one for qualifications and no points for race or gender.
His total of four was outscored by black female candidates with less than
two years' experience.
They scored eight points — one for experience, one for qualifications,
three for race and three for gender.
The Herald said a second magistrate, Neels Goosen, has brought a similar
application to the High Court in its capacity as an equality court.
No judgment has yet been made in this case.
Sapa
White judge wins discrimination case
Wed, 19 Apr 2006
A white male magistrate has won a case of unfair discrimination against
the Port Elizabeth Magistrate's Court, the Herald Online reported on Wednesday.
The Equality Court ruled on Tuesday that the court's short-listing procedures for appointing regional court magistrates discriminated unfairly against white male applicants.
The procedures made it impossible for a white man to be promoted over a
black woman, irrespective of experience or any other non-race factors.
This, the equality court said, amounted to "unfair discrimination" instead of
the "fair discrimination" principle the court had endorsed with a view
to employment equity.
The ruling by Judge Andre Erasmus follows the unsuccessful application in 2002 and 2003 by two highly experienced white Port Elizabeth magistrates in lower courts to be appointed regional court magistrates.
Neither was short-listed, on the grounds that they were white males.
Instead, several inexperienced black women made the list.
In the case of one of the magistrates, Ignatius du Preez, against
Justice Minister Brigitte Mabandla, Erasmus ruled the minister had failed
to prove that the discrimination against the white magistrate was fair.
He ordered that the existing criteria for short-listing of candidates
be set aside, the posts be re-advertised and that the minister pay the legal costs.
Du Preez has 19 years' experience as a magistrate and holds the degrees
B.Juris, LL.B and Master of Public Administration.
Under the existing short-listing procedure, he scored three points for experience, one for qualifications and no points for race or gender.
His total of four was outscored by black female candidates with less than
two years' experience.
They scored eight points — one for experience, one for qualifications,
three for race and three for gender.
The Herald said a second magistrate, Neels Goosen, has brought a similar
application to the High Court in its capacity as an equality court.
No judgment has yet been made in this case.
Sapa