Answered step by step
Verified Expert Solution
Question
1 Approved Answer
2024 CLASS EXERCISE CONA 021 You are practicing as an attorney who specialises in Constitutional Litigation. Mr John Jeffries consults with you regarding the fact
2024 CLASS EXERCISE CONA 021 You are practicing as an attorney who specialises in Constitutional Litigation. Mr John Jeffries consults with you regarding the fact that he was recently dismissed from the Department of Correctional Services where he was working as a Correctional Officer at the Polokwane Prison. Mr Jeffries informs you that he is a Rastafarian who wears dreadlocks for religious/cultural reasons and that he was fired because he refused to cut his hair as instructed by his superior, Mr Maluleke. Jeffries tells you that he received written instructions on the 15" of January 2023 from Mr Maluleke that he had to \"comply with the Dress Code\" for Correctional Officers which meant that he had to cut his dreadlocks. Jeffries argues that the so- called Dress Code makes no mention of dreadlocks, or any other hairstyle for that matter, but the document emphasises that \"neatness of particular importance\". Jeffries was recently transferred from the Pollsmoor Prison in the Western Cape where he started work as Correctional Officer in 2000. At Pollsmoor he also wore dreadlocks without anyone complaining about it. In fact, he informs you that there were not only other (female) Correctional Officers at Pollsmoor who wore dreadlocks, but here at Polokwane there are also two female Officers who are Muslim and wear head-scarves with their uniform. When your client discussed this with his superior, Mr Maluleke said that he doubts that Jeffries is \"really a Rastifarian\" and is only pretending to be one. Jeffries refused to cut his hair and thereafter, on 7 May 2023, received a notice informing him that, because of his failure to comply with, or carry out, a lawful order without just or reasonable cause he was suspended with immediate effect and that a disciplinary hearing was to take place on 17 January 2023. Jeffries failed to attend this hearing as he was informed that he was not allowed any legal representation during the hearing, and also because of his apprehension of bias against him on the part of the chairperson of the disciplinary committee who is a close friend of Maluleke. The hearing continued in his absence and Jeffries was fired with immediate effect. Your client informs you that he is indeed a practicing Rastafarian and attended a ritual in 2001 to become a prophet, but has not followed up on that path yet since he has to provide financially for his family where he is the only bread-winner with 7 dependants, including his elderly parents. He also informs you that he always wear his hair tied up, mostly under a cap, and that in his opinion it looks neat. He also informs you that the Department has specific guidelines for offenders who belong to the Rastafarian faith in that they receive specially prepared (vegetarian) food and are allowed to wear dreadlocks. He believes that it is unfair to treat him differently. After your consultation with Jeffries you had a telephone conversation with Mr Maluleke. He tells you that he believes that it is not unfair to demand Jeffries to cut his hair since they have had problems with drugs being smuggled into correctional facilities, and that in all those cases it was by officials wearing dreadlocks. He also states that the association of Rastafarians with substances like marijuana is well known and they don't want the Polokwane facility to be tainted with drug smuggling. Mr Jeffries tells you that he has not been able to find any other employment and that he wants to continue working for the Department since he was very happy in his job. QUESTION: Identify rights (include sections) infringed above and by whom
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started