The trade union Solidarity yesterday presented the South African Police Service (SAPS) with three names of former police members who had been denied appointment in the past based on their race. The SAPS claimed that the appointments would not promote representivity.
Solidarity is asking that the three former members of the SAPS be appointed in terms of the SAPS's new recruitment policy according to which former members are being recruited (see here). The handling of the three members' application will be a test of whether the SAPS is serious about recruiting former members, regardless of race. The three form part of a group of nine court cases that Solidarity is undertaking against the SAPS.
"In light of the new recruitment strategy, the SAPS must do the honourable thing and appoint the three applicants. It would create a sharp contrast if the SAPS went ahead with its opposition of the Solidarity court cases if they actually wanted to recruit former members. Continued opposition of the Solidarity cases would negate the huge recruitment campaign of the SAPS and would create the impression that the SAPS was still recruiting based on race," says dr Dirk Hermann, deputy general secretary of Solidarity.
Meanwhile the assistant commissioner, Nonkululeko Mbatha, emphasized that this approach for the reappointment of former police members was nothing new and was done continuously. This statement by Mbatha is in contrast with the legal documents handed to Solidarity in December. According to the legal documents, the reappointments cannot be made because a notice had been issued in 2002 determining that the "reappointment of all former members of the SAPS must be suspended with immediate effect".
The policy is further emphasized by referring to another notice issued in November 2006 that states: "Following the announcement in the media that former police officials would be reappointed to help combat crime, a number of enquiries and applications were received by head office for consideration... The position of the SAPS with regard to the reappointment of former police officials has not changed from the clearly formulated and comprehensive notice dated 8 April 2002. The reappointment of all former SAPS members was suspended by that notice with immediate effect and the contents of the notice are still in force."
The SAPS's official legal position is, therefore, that former members cannot be recruited. "If the legal position has changed, the three members on whose behalf Solidarity is acting must be reappointed."
In November 2009 Solidarity announced that it had lodged nine court cases regarding affirmative action against the SAPS. "Three of these cases are actually on behalf of members who had applied for reappointment at the SAPS because there are critical shortages in those particular functions. However, the applications were denied and the SAPS argued that the appointments would not promote representivity," Hermann said.
Statement issued by Dirk Hermann, Solidarity deputy secretary general, January 19 2010
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