Correctional Services capitulates in affirmative action case
In a new turn of events in the affirmative action case between Solidarity and the Department of Correctional Services in the Johannesburg Labour Court, the Department admitted that mistakes had been made regarding Herman Denysschen's application for a promotion and agreed to promote him with retrospective effect. According to the order of the court, Denysschen will be promoted retrospectively from July 2008. Correctional Services must also pay Solidarity's legal fees.
According to the order of the court, Correctional Services admits that affirmative action was the reason that Denysschen was not promoted and that its enforcement of affirmative action was inconsistent.
"We are very pleased with this order. After a battle of almost three years there is justice for Mr Denysschen. The outcome of this case also sends a strong message to other government departments regarding the way affirmative action is implemented. However, we are disappointed that a costly legal process had to be followed to let justice prevail," said Dirk Hermann, deputy general secretary of Solidarity.
As Correctional Services conceded to all Solidarity's demands in court, the case did not go to trial.
In the specific case, Denysschen applied for a promotion post in the logistical department of Correctional Services. His application was rejected on the basis of affirmative action, even though an interview panel, which was 75% black, had recommended him for the post. The advertisement for the post had stated clearly that anyone, regardless of race, could apply.
The human resources division of Correctional Services had indicated that appointments from the non-designated group were permitted in the case of logistical posts owing to the skills shortage and the large number of vacancies. However, Correctional Services decided to leave the post vacant instead of appointing a white male.
This case is the second in a series of 12 affirmative action cases that Solidarity brought against the South African government. Solidarity, representing Renate Barnard, won the first case against the South African Police Service (SAPS), but the SAPS appealed the ruling of the court. Eight of the other cases were consolidated and will come before the Labour Court on 17 November for finalisation of the pre-trial minutes.
"We trust that the SAPS will realise after the Denysschen case that affirmative action cannot be enforced outside the framework determined by the court. We appeal to the SAPS to not oppose the affirmative action cases and to do the right thing by promoting the employees concerned. The SAPS should not have to be forced by the court to let justice prevail," Hermann said.
Statement issued by Dirk Hermann, Deputy general secretary: Solidarity, November 11 2010
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