Millions wasted in Affirmative Action court battle

This “conservative” figure was calculated by trade union Solidarity who is fighting the DCS’s affirmative action schemes in the Labour Court. In a case that has been dragging on for most of this year Solidarity has taken on the DCS to represent Linda-Jean Fortuin, Christopher February, André Jonkers, Geo-nita Baartman, Pieter Davids, Derick Wehr, Jan Kotze, Desiree Merkeur, Deidre Jordaan and Teresa Abrahams. In all cases the persons concerned had been identified as the best candidates for promotions and positions they had applied for but the colour of their skin was the only reason why they were not appointed. This case is developing into one of the most expensive labour law cases in South African history.
Dirk Hermann, Solidarity’s Deputy General Secretary, says the amount of R2,4 million is a conservative calculation. ‘It only includes advocates’ fees. The DCS’s legal costs have probably cost the tax payer an approximate R1,3 million already. With this money the department could have funded increases for the applicants for eight years. This calculation does not include the preparation fees of the DCS’s advocates, the cost of the State Attorney and the cost associated with the department’s expert witness. Should these costs be included, then the total cost could easily exceed more than R3 million.’
Hermann says that Solidarity, in contrast, is conducting its case at less than a quarter of the estimated cost of the DCS. ‘In contrast to the DCS’s two senior counsel and two junior counsel, the trade union is only using one senior and one junior counsel. Solidarity is also using one of its staff members as expert witness, while the DCS will probably have to pay a substantial amount for its expert witness’.
At the commencement of the case, Solidarity again indicated that the DCS’s legal team started proceedings at a snail’s pace. The trade union also expressed its dissatisfaction with the failure of the DCS’s legal team to keep to the agreed upon deadlines for the submission of important documentation. At the conclusion of the previous court session, the DCS’s legal team was supposed to present several documents to Solidarity’s legal team within certain deadlines. All of these have only been presented months later, which will thwart a possible shortening of the court case. ‘This is a shocking waste of taxpayers’ money and appears to be delaying tactics on the part of the DCS.’