SAHRC Chairperson in Barbershop Equality Court Case

The terms of the matter brought by South African Human Rights Commission(SAHRC) chairman Jody Kollapen against hair salon owner Jacobus Herklaas Du Preez - whose salon turned Kollapen away because of his skin colour - was agreed to after Kollapen testified in the Equality Court (at the Pretoria Magistrate’s Court) today.

The respondent, Mr Du Preez, owner of a few hair salons, and owner of the men’s hair salon, Mansahaarsalon in Centurion acknowledged that:

·    The salons under his control discriminated on the basis of race by turning away non-white people.

·    The policy was demeaning, affected people’s dignity and was in violation of the Constitution

Mr Du Preez publicly and unequivocally apologised to all those whom he turned away.

Du Preez undertook not to unfairly discriminate on the basis of race in the operation of his business.

He agreed to pay R10 000 in damages to a charity/charities chosen by Kollapen. The payments will be made in R500 monthly instalment starting at the end of April.

Du Preez also agreed to use the services of a professional hairdressing instructor, Peggy Kane, who will train staff to cut all types of hair - especially hair types classified as ethnic or African.

The SAHRC will prepare a report after liaising with the bargaining council for the hairdressing industry and service providers to ensure that all courses include a component training hair stylists to cut the hair of all people in South Africa.

The Commission will submit this report to the magistrate before 15 December 2005

Said Kollapen: “This is not only about hairdressing but a case about dignity. We are advancing equality and the issue of human dignity. We have ensured that the respondent’s discriminatory policies have been brought to an end. 

“It has also sent out a strong message that inequality, discrimination and racism do not pay. In fact, it costs a lot of money, as the respondent now has to pay R10 000 in damages. Even when people apologise, we should not leave it at that. They must be made to pay damages.”

On September 25, 2003, Kollapen was denied a haircut at the salon because he was not white. The salon employees were acting in accordance with the owner’s ‘whites only’ policy.

Kollapen filed papers with the court in October 2003, but there were delays in getting the matter heard. The case was heard and an order made by the Equality Court on Tuesday March 29, 2005.

The SAHRC ensured two witnesses who were also victims of discrimination and were prepared to testify.

In addition, two experts on hairdressing were called on to refute the reasons given by the respondent - namely that his staff was skilled to cut only white people’s hair.

Following the agreement, Du Preez invited Kollapen for a haircut at any one of his salons.

Issued by: South African Human Rights Commission