The Lawyers for Human Rights (LHR) has formally expressed its discontent with the recent job advertisement issued by the Minister of Sport, Arts and Culture, Gayton McKenzie.
The advertisement has sparked controversy due to its language, which has been perceived as systematically excluding African candidates. This exclusion, the LHR argues, defies the constitutional guarantee of equality and contravenes the Employment Equity Act designed to rectify historical injustices in South Africa.
The contentious advertisement specified "preference will be given to coloured males, Indian males, white males, coloured females and Indian females", leading LHR to call upon the government to reassess its recruitment policies.
In a strong letter signed by attorney Mametlwe Sebei, the organisation details its grievances, asserting that such language is discriminatory in intent, further entrenching systematic exclusion.
"Such measures are not only discriminatory in intent, but also serve to institutionalise systematic exclusion," warned Sebei in the letter addressed to various government bodies, including the Presidency, the Department of Public Service and Administration, and the Human Rights Commission. The brief also highlights the need for an investigation into the job advertisement's compliance with affirmative action policies.
Exacerbating the situation, LHR's letter criticises McKenzie's recent comments on social media, particularly his inflammatory remark suggesting that dissenters should "go boil somewhere else," which the organisation claims incites xenophobia and hate. These remarks, coupled with the exclusionary recruitment strategy, have fostered an environment of tension within South African society, according to the LHR.
"His engagement on X, a social media platform, goes against the guidelines on how public servants should interact online," Sebei asserted. This alleged breach of conduct, alongside the exclusion of black South Africans from the job consideration, represents a direct affront to the principles of fairness, equity, and inclusivity that are upheld by the nation's Constitution.
To address these concerns, the LHR has formally requested that the Human Rights Commission investigate the legitimacy of the job advertisement and seek an official response from McKenzie regarding the rationale behind the selection criteria. In a bold demand, LHR has called for McKenzie to resign and retract all discriminatory communications within a span of 14 days, warning that failure to comply may lead to legal action which could include injunctive relief and claims for damages based on constitutional violations.
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