Disabled person challenges magistrate-appointment criteria

Acting magistrate Parvathi Singh approached the Pretoria Equality Court, saying she had been unfairly discriminated against on the grounds of disability when she was not short-listed for permanent appointment as a magistrate. She said she was overlooked because she had a visual impairment, making it impossible to get a driver's licence, a requirement for appointment. Singh also challenged the "rigid and inflexible" way the Magistrates Commission, which makes recommendations to the justice minister on whom to appoint, had applied its race and gender criteria. Singh said the commission's view that Indians were over-represented in the magistrate's courts had constituted an "absolute bar" to her appointment.

Counsel for the friends of the court, Tembeka Ngcukaitobi, argued that section 174(2) of the constitution - which says the need for the judiciary to broadly reflect the South African population in terms of race and gender must be considered when appointing judicial officers - must be considered together with section 9(2) of the constitution, which requires steps to be taken to promote categories of people disadvantaged by unfair discrimination. According to Business Day, Department of Justice officials said Singh's experience - and not her disability - was at the core of the decision not to appoint her. The case was postponed until next month.

Read the full artice on www.businessday.co.za.