Western Cape Premier Helen Zille had hoped to have at least three other women in her cabinet, according to papers filed in the Equality Court.
”The fact that there are no female [ministers] in the provincial executive, while regrettable, was assuredly not an oversight on my part,” she said in an affidavit.
The document was drawn up in response to a gender discrimination complaint by Tony Ehrenreich, provincial secretary of the Congress of South African Trade Unions (Cosatu).
Zille in May this year appointed 10 provincial ministers, all of them male, a move which raised eyebrows.
Zille said in the affidavit that right up to the time she announced her executive, she had been trying to get women to take on provincial minister posts.
”In addition to my other endeavours, I extended an invitation to Thozama Bevu of Cope [Congress of the People] who was an obvious choice,” she said.
”This was not taken up, however, because Cope decided against a coalition.”
She was also constrained by the constitutional limit on the size of her executive council.
”I had hoped to bring two other women on to the provincial cabinet as experts but was advised that this was no longer possible,” she said.
”The provision in the provincial constitution for such an arrangement was no longer available when I took up the office of premier.”
Zille said Ehrenreich’s application was ill-conceived, lacking in merit and an abuse of court process.
It appeared to be just an attempt to undermine her as premier and as leader of the Democratic Alliance.
The relief he was seeking was clearly inconsistent with the doctrine of separation of powers.
”The appointment of the provincial cabinet constitutes the exercise of a prerogative power which is not susceptible to being challenged in a court of law,” she said.
In addition, Ehrenreich lacked standing to bring the complaint, and had failed to show how her executive council selection discriminated against him.
”Cosatu is notably absent as a party to these proceedings, presumably due to the fact that its track record on gender diversity would not withstand scrutiny,” she said.
Ehrenreich has asked the court to order Zille to dismiss her executive and appoint one that includes women.
He also wants the court to order that she initiate a gender sensitivity programme in her administration, and apologise for her ”lapse in judgement”.
”The complainant strongly believes that the respondent has acted directly in prejudicing the women and people of the province and the republic, and that this grave prejudice far outweighs the prejudice to service delivery that might arise from the dismissal of her executive council,” he said in an affidavit.
Ehrenreich wants Zille to pay all his costs related to the action.
Zille has in turn asked for punitive costs against him.
Ehrenreich’s complaint was due to be heard on Wednesday, but proceedings were instead postponed to August 28 because the state attorney’s office, which acts for Zille, had received inadequate notice of the hearing. — Sapa