Black workers who live in a single-sex hostel at a Western Cape wine estate have been told the Equality Court is not the correct forum to resolve their grievances.

Times Select reports the 42 men – all from Qumbu in the Eastern Cape – hoped the court would rule their accommodation is inadequate and that Oak Valley in Grabouw discriminates against them because it provides ‘family accommodation, of superior quality, to white and coloured employees’.

But Judge Owen Rogers said the Equality Court did not have jurisdiction to hear their case, which should be pursued under the Employment Equity Act.

He said this would entail approaching the CCMA or the Labour Court.

Rogers said that ‘a complaint invoking violations of human dignity, privacy and the right to adequate housing does not fall within the Equality Court’s jurisdiction’.

However, the judge acknowledged that the workers’ grievances ‘might be said to involve racial discrimination’.

He added: ‘It might be argued that ... the undignified character of their housing has its roots in an attitude by their employer that such accommodation is good enough for African people even though it would not be good enough for white or coloured people. Such an attitude in turn might be traced back to the historical discriminatory treatment of African migrant labourers.’

Meanwhile, Mercia Andrews, director of the Trust for Community Outreach and Education – which supported the Oak Valley workers in their Equality Court case – said the trust had lodged an application for leave to appeal against Rogers’ judgment, and it was expected to be considered in January.

Full Times Select report (subscription needed)

Rarayi and Others v Oak Valley Estates and Others