Eskom ruling: Blacks come first2006-04-13 10:03:35http://www.news24.com/Images/Photos/20060413100942affirmative_action.jpgThe Cape arbitration court has ruled black people must be selected over coloured and other ethnic groups in terms of affirmative action. Cape Town - Black people must be selected over coloured and other ethnic groups in terms of affirmative action. This was the judgment of the Cape arbitration court, a judgment that could have far-reaching consequences for other minority groups in future.

Solidarity union spokesperson Jaco Kleynhans said on Wednesday that the court's judgment in the action between Eskom and Leon Christiaans, a coloured engineer in the service of the company, might result in the exclusion of coloured people, Indians, the disabled and white women from affirmative action.

"The court found that coloured people were at less of a disadvantage in the past than black people and this was why black people should benefit more from affirmative action," he said.

Christiaans' legal representative Ettiene Pio said it was a pity they had lost the case.

"But Christiaans is satisfied with the result and does not regret the course of the process. It was important to him to stand up for himself.

"He is naturally worried about how the case could affect his career, as a member of the designated group," Pio said. He added that the case was over and that it would not be referred for review.

"Solidarity will definitely use this case as an indicator in other similar cases in future."

Kleynhans told Die Burger, sister publication of Fin24, earlier that Christiaans had accused Eskom of racism and instituted legal action after he was apparently told he was "too white" to benefit from Eskom's affirmative action programme.

"Christiaans applied in 2004 for a promotion post which was advertised internally. He reached the short list and the post was offered to him. This offer was later withdrawn and a black engineer was appointed to the post."

Kleynhans said on Wednesday that if the approach of the arbitration court's judgement was correct, it meant that black people would always be first in the queue for affirmative action.

"In practice this judgment means that other minority groups, who are part of the designated group, will be excluded from affirmative action," he said.

Kleynhans added that Solidarity argued in the arbitration that Eskom had discriminated against Christiaans.

"Eskom argued that black people were under-represented and in the past they had been more at a disadvantage. So the company appointed a black candidate on the grounds of affirmative action.

"Eskom also argued among other things in the trial that coloured people did not carry pass books in the apartheid era and therefore they were less at a disadvantage."

Eskom was not available for comment.

News24/Die Burger