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[2005] ZAEQC 1
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Kollapen v Du Preez (EC 001/03) [2005] ZAEQC 1 (29 March 2005)
IN
THE EQUALITY COURT HELD AT
PRETORIA
MAGISTRATES COURT
CASE
NO EC 001/03
DATE:
29/03/2005
In
the matter between:
MR
KOLLAPEN
NARANDREN
............................................................
COMPLAINANT
and
MR
JH DU
PREEZ
..................................................................................
RESPONDENT
ORDER
OF COURT
1.
The
terms of this settlement have been agreed to by the parties in this
matter in order to amicably settle the dispute and further
the ideals
of the Constitution and the relevant-legislation.
2.
The
respondent will publicly make the following statement:
A.
I,
Mr JH du Preez, acknowledge that the hairdressing salons under my
control unfairly discriminated on the basis of race by turning
people
away.
B.
I
accept that the policy of turning people away on the basis of race
was demeaning to them and adversely affected their
dignity.
C.
My
actions were contrary to the Constitution and the law and
I
unequivocally
apologise to all people turned away, including Mr Selvan Naidoo, Mr
Clarence Selvam and Mr Jody Kollapen.
D.
I
undertake
not to unfairly discriminate on the basis of race in the conduct and
operation of my business.
3.
The respondent will pay the amount of
RI0
000
(ten
thousand
rand)
in damages to the charity/s chosen by the complainant. This amount
will be paid in monthly instalments of R500 00 per month
on or before
the last working day of each month. The first instalment will be paid
on the 30
th
April 2005.
4.
The
respondent will engage the services of Ms Peggy Kane at the rate of R
1000 per day to train his employees to cut, at basic level,
hair
characterised as Indigenous or ethnic. This must be done within
2
months
and a report by Ms Kane must be submitted to the above honourable
Equality Court and to the SAHRC.
5.
The complainant is invited to cut his hair at any hairdressing salon
controlled or owned by the respondent
6.
The
South African Human Rights Commission
must
liase with the Hairdressing Bargaining Council in Pretoria and
service providers to determine the feasibility of insisting
that all
hairdressing courses should equip trainees to cut the hair of all
South Africans. This report must be submitted to the
above honourable
Equality Court by or before the 15
th
December 2005.
7.
Each
party to pay their own costs, Respondent will make a contribution of
R400-00 towards the witnesses.
Dated
at Pretoria on the 29
th
March 2005.
J.
KOLLAPEN
Complainant
MR.
JH DU
PREEZ
Respondent