Africa-Press – South-Africa. Despite the Labour Appeal Court finding that the appointment of one Department of Correctional Services candidate over another “reek[ed] of something sinister”, it could not rule in favour of the appellant who it called a “fine officer” with “many years of exemplary service”.
In a judgment handed down on Thursday, Judge Roland Sutherland said the body of evidence was just not conclusive enough, and the appeal was dismissed with no costs.
Appellant Fred Engelbrecht, deputy regional commissioner of the Western Cape, was appealing a case dismissed on 3 March 2020.
Engelbrecht and others were interviewed for the position of regional commissioner, with Engelbrecht specifically shortlisted for the positions in the Northern Cape and Free State.
The interview panel found him to be “unsuitable” to be promoted to a higher rank. This despite dedicating his life to the department and many years of “exemplary service, and having been recognised as a fine officer”.
The other posts were left vacant, except for the regional commissioner of the Eastern Cape, which went to a Mr Breakfast.
Engelbrecht believes he was not recommended for two reasons: his race and/or nepotism, and political loyalist considerations by the the national commissioner.
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Sutherland, in his judgment said some of the evidence put forward was that he and the national commissioner were at loggerheads over the use of regional or national demographics to apply the Equity Employment Plan (EEP).
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