Today, the North Gauteng High Court (High Court) handed down an order without giving reasons in the Singh matter. The High Court per Ledwaba J ordered the Minister, the Director General for Justice and Constitutional Development and the Magistrates’ Commission (respondents), to reconsider the short-listing of the applicant, Ms Parvathi Singh (Ms Singh) for the post of entry level magistrate.

In the interests of proper administration of justice and that of the public and Ms Singh’s, Ledwaba J ordered that the respondents must reconsider the short-listing within 30 working days.

The Legal Resources Centre (LRC) represented the South African National Council for the Blind and the League of Friends for the Blind which applied and were admitted as amici curiae.

Singh, an acting magistrate, approached the Equality Court of the High Court alleging that the respondents did not properly take into consideration the fact that Ms Singh is living with a disability when they short-listed her for the position she had applied for. The High Court held that the criteria used in assessing her application was unfairly discriminatory because it failed to take into consideration Ms Singh’s gender and the fact that she is living with a disability.

Judge Ledwaba ordered that the respondents should “specifically and seriously have regard to the provisions of sections 174 and 9 of the Constitution and the Equality Act together with protocols ratified by government dealing with promoting the position of disabled people” in terms of International Law.

The respondents were also ordered to revise the criteria used for short-listing and appointments of magistrates in order for it to clearly reflect the provisions of section 174(2) and 9 of the Constitution will be taken into consideration in the short-listing and appointment processes. In addition, he ordered that the application form must clearly require full disclosure on whether or not a person is living with a disability. This has to be clearly enquired in the same extent and manner as it is done with gender and race.

Judge Ledwaba also ordered the respondents to, within 10 months of the date of this order, make a formal and comprehensive statement of policies and criteria to be used and/or applied in short-listing, evaluating and appointing for positions as magistrates. The policies and criteria must clearly mention that the provisions of section 174 (2) and section 9 of the Constitution will be taken into consideration in the short-listing and the filling of the posts.

The amici curiae, represented by Tembeka Ngcukaitobi of the LRC, presented persuasive arguments with regard to sections 9 and 174 of the Constitution and arguments based on International Law which the High Court took into consideration when it made its order. 

Click here to view the Court Order.

ENDS.

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