Affirmative action: Solidarity accuses Tshwane Municipality of contempt of court: Municipality flouts De Sampaio court order

Trade union Solidarity today accused the Tshwane Municipality of contempt of court, as the municipality cancelled a job interview with Solidarity member Marco de Sampaio without reason. The interview should have taken place before the end of November in terms of an order of the Labour Court and was scheduled for this morning. However, the municipality cancelled the interview for no apparent reason and without rescheduling it.

Solidarity clinched victory in a case regarding the unfair implementation of affirmative action against the Tshwane municipality, in which the trade union represented De Sampaio. In terms of the court order issued after the parties had reached a settlement, employment equity may not be used as a criterion in filling the post for which De Sampaio applied.

The court also instructed that De Sampaio must be included in the shortlist for the vacant post and invited for an interview. The candidates' experience, qualifications and competence are the only criteria that may be taken into consideration. Furthermore, the municipality agreed that the position will not be left vacant and that it will therefore be filled after the interviews. The municipality also agreed that if De Sampaio is ultimately not appointed in the post, it will provide Solidarity with reasons in writing.

"The interview was scheduled to take place this morning, but it was cancelled at short notice. No reasons were given for the cancellation," explained Dirk Groenewald, Head of Solidarity's Labour Court Division. The trade union has already requested a written explanation for today's events from the municipality, but insists that this action amounts to contempt of court.

De Sampaio applied for the position of Deputy Director of Systems Development at the municipality's Water and Sanitation Department for the fourth time in September this year. He has been acting in the position for the past three years already. On each occasion he was not considered for the position due to the unfair application of affirmative action and the post was left vacant.

Background information regarding the De Sampaio case

Marco de Sampaio, a professional technologist, has been working for the Tshwane Municipality since 1999.

He has been acting in the position of Deputy Director for System Development at the Department of Water and Sanitation since 2008.

He applied for the specific position for the first time in 2008. Although he was initially shortlisted, he and two other white candidates were removed from the list. According to an entry on the short list, the list had to be recompiled and employment equity taken into account. However, the position was not filled.

The position was subsequently advertised on three more occasions (in 2009, February 2011 and September 2011). De Sampaio applied every time, but did not make it onto the short list. The position has not been filled yet.

Statement issued by Dirk Groenewald, Head: Labour Court Division, Solidarity, November 30 2011

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