Race claim dismissed

Prisons boss fails to prove he was overlooked for top post because of equity policies

A SOLIDARITY union senior ally in public service has failed to prove to court that he was overlooked for promotion due to his political position on affirmative action and employment equity policies.

Freddie Engelbrecht, Western Cape Correctional Services deputy commissioner, this week lost the bid he had been pursuing since 2012 at the Labour Court against the department.

A coloured candidate who joined the service in 1982, Engelbrecht dragged his employer to the court after he was not appointed to provincial commissioner positions that were advertised in 2011.

He sought an order declaring that the department discriminated against him on basis of his race, being a member and spokesperson of a group unhappy about employment equity (EE) policies and his political affiliation.

Engelbrecht also wanted the court to rule that he should be appointed Western Cape commissioner, backdated to July 2011.

The position was held by Delekile Klaas, who was head-hunted and employed for a post that Engelbrecht did not get.

Engelbrecht also alleged in court that Klaas was not properly qualified for the position and was appointed because he was politically affiliated to the ANC.

The department denied that Engelbrecht was discriminated against, saying he was not appointed because he failed to perform well in the interview.

The department also told court Engelbrecht’s contention that he was overlooked because he formed part of a group of public servants opposed to EE was baseless.

Engelbrecht was known to be outspoken about how Correctional Services applied affirmative action. He largely argued that the department excluded coloured people.

Labour Court Judge Dephney Mahosi ruled that Engelbrecht failed to prove his case that he was overlooked for his political position on affirmati ve action and EE.

“On analysis of the evidence presented, most of what the applicant contended was subjective and could not be objectively verified,” said Judge

Mahosi. “The allegations, though serious, were not proved through the evidence led. Therefore, the applicant has failed to discharge the onus required in regard to this claim, which also falls to be dismissed.”

Judge Mahosi also found that Engelbrecht said little against the department’s argument that he was not suitable for the post.

“The applicant made a lot of the EE plan and his political views. However, he was shy on his defence of him not having the requirements needed for the post,” said the judge.

“Further, the applicant has failed to show that the decision to appoint Klaas was based on political affiliations and nepotism,” added the judge.

Engelbrecht said he planned to appeal the ruling.