On 19 March 2026, the Socio-Economic Rights Institute of South Africa (SERI) appeared before the Labour Appeal Court on behalf of the farmworkers union, the Commercial, Stevedoring, Agricultural and Allied Workers Union (CSAAWU) and its member, Mr Vuyani Qomoyi. In this matter, CSAAWU is appealing a decision of the Labour Court that upheld the dismissal of Mr Qomoyi who worked as a general worker at Namaqua Wines and served as a CSAAWU shop steward. This case raises important questions about free speech and perceptions of racism in the workplace, particularly in the farmwork context.
Mr Qomoyi was dismissed in 2021 for calling his supervisor, Mr Sybrandt Meyer, a “white racist”, when he protested the dismissal of a fellow employee. The fundamental question before the Labour Appeal Court is whether the reference to Mr Meyer as a “white racist” is racist conduct, and whether the Labour Court’s finding that it amounts to racist conduct unjustifiably limits an employee’s right to freedom of expression.
By way of background, in August 2021, Mr Qomoyi was called by Mr Meyer to witness the dismissal of a fellow employee – a reason that was withheld beforehand. No explanation was given as to why he was required to witness the dismissal, nor was this common practice. Mr Qomoyi protested the dismissal and enquired about the procedure followed. When Mr Meyer refused to answer any of his questions, Mr Qomoyi called him a “white racist” who fires black people without a representative present.
Offended by this remark, Mr Meyer charged Mr Qomoyi with “displaying racist behaviour” and in October 2021, Mr Qomoyi was found guilty in a disciplinary hearing and was dismissed. CSAAWU challenged the dismissal before the Commission for Conciliation, Mediation and Arbitration (CCMA) on the grounds that it was neither procedurally nor substantively fair, but was unsuccessful. With SERI’s legal representation, CSAAWU launched an application for review in the Labour Court in May 2022 and the Labour Court heard the application in February 2024. SERI submitted that the CCMA and the Commissioner who presided over the arbitration award misdirected itself in holding that Mr Qomoyi’s accusation that Mr Meyer is a “white racist” was, in and of itself dismissible where there had been no investigation into the truthfulness or otherwise and that the accusation was itself racist.
The Labour Court dismissed the review application with costs and upheld the dismissal. The Court found that calling another employee racist without just cause, truth and reasonable grounds constitutes serious misconduct and reveals that the person who makes the accusation is himself racist or displaying a racist attitude. CSAAWU and Mr Qomoyi have since petitioned the Labour Appeal Court for leave to appeal against the decision of the Labour Court. CSAAWU is arguing that the Labour Court (and the CCMA, before it) ignored the racialised context in which Mr Qomoyi’s utterances were made, and that the Labour Court’s sanction of costs against the farmworkers’ union for litigating the matter was unfair.
CSAAWU’s submission is that on its own, the remark cannot be racist and that falls within the constitutionally protected freedom of expression and opinion. As such, the Labour Court unjustifiably limited Mr Qomoyi’s right to freedom of expression and opinion, particularly because the truthfulness or falsity of the remark was never investigated by Namaqua Wines. CSAAWU further argues that costs should not have been awarded against it as it will have a chilling effect on litigants approaching the court with disputes. Judgment has been reserved.
Download the statement here.
Contact details:
- Edward Molopi, SERI senior communications and advocacy officer: edward[at]seri-sa.org / 082 590 9638.
- Deneco Dube, CSAAWU Deputy General Secretary: 071 746 7551.