Rarayi and Others v Oak Valley Estates and Others (EC13/2019) [2019] ZAEQC 7 (22 November 2019)

Rarayi and Others v Oak Valley Estates and Others (EC13/2019) [2019] ZAEQC 7 (22 November 2019)

The Equality Court does not have jurisdiction to adjudicate the applicants' claims of unfair discrimination in employment-related housing, as these claims fall squarely within the ambit of the Employment Equity Act, which confers exclusive jurisdiction on the Labour Court. The applicants' complaints regarding inadequate and discriminatory accommodation are matters of employment policy or practice and must be pursued through the CCMA and Labour Court processes. The Extension of Security of Tenure Act does not provide a basis for jurisdiction in the Equality Court for claims relating to family life in single-sex hostels built before 1997. The Equality Act's jurisdiction is expressly...

Citation
[2019] ZAEQC 7
Parties
Applicant: Sibongile Rarayi & 41 Others; Applicant: Trust for Community Outreach and Education; Respondent: Oak Valley Estates (Pty) Ltd; Respondent: Oak Valley Property Holdings (Pty) Ltd; Respondent: Boland Labour (Pty) Ltd; Respondent: Two-a-Day Group (Pty) Ltd; Respondent: Tru-Cape Fruit Marketing (Pty) Ltd; Respondent: Commercial, Stevedoring, Agriculture and Allied Workers Union; Respondent: Department of Human Settlements, Western Cape Province Government; Respondent: Theewaterskloof Municipality
Court
Equality Court
Jurisdiction
South Africa
Judgment Date
22 November 2019
Case Number
EC13/2019
Procedural Posture
Jurisdictional Ruling / Objection to Equality Court Jurisdiction; Preliminary Determination Before Merits
Outcome
Proceedings dismissed for lack of jurisdiction; no order as to costs.
Judges
O L Rogers
Legal Topics
Equality Court Jurisdiction, Unfair Discrimination, Employment Equity Act, Extension of Security of Tenure Act, Human Dignity, Systemic Racial Discrimination
Civil Procedure Labour Law Constitutional Law Equality Court Jurisdiction Unfair Discrimination Employment Equity Act Extension of Security of Tenure Act Human Dignity +1 more

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Parties

Sibongile Rarayi & 41 Others

Applicant

Trust for Community Outreach and Education

Applicant

Oak Valley Estates (Pty) Ltd

Respondent

Oak Valley Property Holdings (Pty) Ltd

Respondent

Boland Labour (Pty) Ltd

Respondent

Two-a-Day Group (Pty) Ltd

Respondent

Tru-Cape Fruit Marketing (Pty) Ltd

Respondent

Commercial, Stevedoring, Agriculture and Allied Workers Union

Respondent

Department of Human Settlements, Western Cape Province Government

Respondent

Theewaterskloof Municipality

Respondent

Procedural Posture

Jurisdictional Ruling / Objection to Equality Court Jurisdiction; Preliminary Determination Before Merits

Legal Issues

  1. 1 Does the Equality Court have jurisdiction to adjudicate claims of unfair discrimination in employment-related housing under the Equality Act when the Employment Equity Act applies?
  2. 2 Are the applicants' complaints regarding inadequate and discriminatory accommodation on the farm matters for the Equality Court or the Labour Court?
  3. 3 Does the Extension of Security of Tenure Act provide a basis for jurisdiction in the Equality Court for claims relating to housing dignity and family life?

Ratio Decidendi

The Equality Court does not have jurisdiction to adjudicate the applicants' claims of unfair discrimination in employment-related housing, as these claims fall squarely within the ambit of the Employment Equity Act, which confers exclusive jurisdiction on the Labour Court. The applicants' complaints regarding inadequate and discriminatory accommodation are matters of employment policy or practice and must be pursued through the CCMA and Labour Court processes. The Extension of Security of Tenure Act does not provide a basis for jurisdiction in the Equality Court for claims relating to family life in single-sex hostels built before 1997. The Equality Act's jurisdiction is expressly...

Court Disposition

Proceedings dismissed for lack of jurisdiction; no order as to costs.

Orders

  • The proceedings instituted in this court by the applicants under the above case number are dismissed with no order as to costs.