A group of mostly coloured prison officials is taking the department of justice and correctional services to the Constitutional Court, claiming that they were unfairly racially discriminated against.

The 10 employees want the department to compensate, or appoint them retrospectively, after it used national instead of Western Cape demographics to deny them promotions and appointments.

Linda-Jean Fortuin, Christopher February, André Jonkers, Geo-nita Baartman, Pieter Davids, Derick Wehr, Jan Kotze, Desiree Merkeur, Deidre Jordaan and Teresa Abrahams said the department failed to comply with the Employment Equity Act.

According to papers they filed at the Constitutional Court last week, eight of the officials, except Jonkers and Fortuin, applied for new positions or promotions, were shortlisted and interviewed, and were strongly recommended.

However, they were not appointed because they were of a race or gender group deemed to be over-represented at a particular level within the department.

Fortuin was appointed to a senior position at Pollsmoor Prison, but only two years after being recommended. The union representing the officials, Solidarity, is demanding an explanation for the delay.

Jonkers applied for four positions but after interviews he was told he had not been recommended for appointment to any of them. He had obtained the highest score in two of the positions he applied for.

"Each individual was denied appointment or promotion because that person's race [alone or coupled with gender] was considered adverse to achieving the goal of absolute national demographic representation in every region and unit and at every level of employment," reads the group's court papers.

Coloureds account for about 50% of the economically active population in Western Cape and 8.8% nationally. Three of the warders whose positions are still vacant want to be appointed retrospectively while the others want compensation or damages.

"In the alternative, and if the court declines to make appointments, compensation or damages may be awarded to all of the individual applicants," they say.

Davids, who is from a non-designated group because he is a white male, was also not appointed on the basis of the application of the national demographic statistics.

The long-running battle was initially settled in 2013 when Labour Court Judge Hilary Rabkin-Naicker ordered the department to ensure that national and regional demographics were taken into account when setting equity targets.

But the prison officials appealed to the Labour Appeal Court, saying the plan meant rigid application of quotas did not comply with the law and was unfair discrimination. In April their appeal was dismissed. The Constitutional Court will hear the matter in November.