South Africa: High Courts - Gauteng

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