concourtIOL News reports that the Constitutional Court (ConCourt) is due to make a ruling on whether Minister of Finance Pravin Gordhan (then Commissioner of the SA Revenue Services (SARS) had powers to fire a white employee for calling his supervisor a “k****r”.  

This unfolded on 27 July 2007, when Jacobus Kruger, an employee at SARS, said: “Ek kan nie verstaan hoe '* k****r dink nie” (“I don't know how a k****r thinks”).  At the disciplinary hearing, Kruger pleaded guilty.  A plea bargain was struck in terms of which the chairperson of the inquiry found him guilty as charged, imposed a final written warning, suspended him without pay for 10 days, and directed him to receive counselling.  However, Gordhan overturned the ruling and imposed a sentence of dismissal.  Kruger challenged the dismissal at the CCMA, which ruled in favour of Kruger and ordered SARS to reinstate him subject to the original ruling.  SARS then unsuccessfully approached the Labour Court and the Labour Appeal Court.  SARS finally approached the ConCourt, which is due to rule on Tuesday on the complicated legalities raised.


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