The Equality Court on Wednesday ordered a Durban landlord with a ”whites only” policy to pay a woman R10 000 in compensation and scrap his discriminatory policy.
The court declared the offending clause in the lease agreement unconstitutional and invalid and ordered the man to notify his tenants that it was no longer enforceable.
In July this year, the landlord of the Dunmarsh building in Amanzimtoti agreed to let a flat to a Mrs Gerber, but changed his mind when he learnt that she was married to an Indian man.
The South African Human Rights Commission (SAHRC) expressed its satisfaction with the outcome of this case.
”The court order sends a clear message that people who unfairly discriminate will be held accountable for their conduct,” wrote commissioner Karthy Govender in a statement.
The lease agreement stated that ”the lessee acknowledges that he knows and understands that the premises can be let for occupation by the members of the white group only and that he hereby declares that he is a member of that group in terms of Act No 36 of 1966, as amended”.
When Mrs Gerber told the landlord that she was married to an Indian man, he consulted his tenants about the matter. ”Subsequently, the landlord telephoned the complainant and informed her that he could no longer let the flat out to her as the other tenants objected to living next door to Indian people.”
When the woman and her husband met the landlord, he provided a different explanation for not letting the flat to her. ”The landlord stated that the complainant had provided him with an incorrect surname in the first instance and could therefore not let out the flat to her.”
The woman said she had been waiting to be issued with a new identity document, which would reflect her married name. The ID book she had used when applying to let the flat still reflected her maiden name.
She then lodged a complaint with the SAHRC and court papers were filed in the Equality Court alleging unfair discrimination on the basis of race.
After negotiations between the commission and the landlord’s lawyers, a settlement agreement, which was made an order of court, was reached. — Sapa