STATEMENT: CFCR WELCOMES CONSTITUTIONAL COURT DECISION IN SOLIDARITY AND OTHERS V DEPARTMENT OF CORRECTIONAL SERVICES AND OTHERS
The Centre for Constitutional Rights (CFCR) welcomes today’s decision handed down by the Constitutional Court in the matter involving the Department of Correctional Services (the Department) and the trade union, Solidarity, as well as employees of the Department. In a nation where concepts of equality remain deeply contested, the decision lends greater assistance in clarifying what may be claimed under the notion of equality. Importantly, the decision affirms fairness as a procedural value in the implementation of any workplace employment equity policies. Ultimately, the decision means that considerations of justice and equity dictate that national government departments cannot solely rely on national demographics in order to determine the level of representation of different designated groups.