Andile Ngcaba's racial discrimination lawsuit set to proceed in court

TOP businessman Dr. Andile Ngcaba’s R117 million lawsuit against information technology services company Dimension Data looks set to proceed after the tech giant failed to have the case separated into three different matters.

- LOYISO SIDIMBA

Ngcaba is suing Dimension Data for paying him less than his white colleagues when he was a shareholder and its chairman, citing racial discrimination.

On Tuesday, Gauteng High Court, Johannesburg Judge Stuart Wilson dismissed the firm’s application to separate three special pleas but reserved costs for the main action.

The special pleas raised by Dimension Data included that the high court lacked the necessary jurisdiction to adjudicate Ngcaba’s claims, both of which according to the company, concern its duty as an employer not to discriminate against an employee and therefore this type of claim is within the Labour Courts jurisdiction.

In its submission in the high court, Dimension Data stated that as Ngcaba’s claim relates to discrimination against him as an employee, the Labour Court has jurisdiction, under the applicable provisions of the Employment Equity Act.

However, Ngcaba maintained that the discrimination he alleges has more to do with his status as a shareholder and investor in Dimension Data and is a straightforward breach of contract.