SAPS uses emotion to mislead the public about racially motivated appointments, promotions - Solidarity

13 April 2015

Trade union Solidarity today said the South African Police Service (SAPS) is trying its best to divert public attention from its race driven appointments and promotions by making emotionally-charged statements to the media. Solidarity has reacted to a statement in which National Police Commissioner Riah Phiyega criticised Solidarity for its lawsuit against the police's use of the national demography when promoting members to the ranks of captain, major and lieutenant.

The trade union further believes the Labour Appeal Court's judgment, given last Friday in Solidarity's affirmative action case against the Department of Correctional Services (DCS), paves the way to appeal against the recent Labour Court judgment on the said promotions in the police.

"The employment equity plans of the SAPS and the DCS are based on exactly the same principle. Just like the DCS, the SAPS too only uses the national demography as criterion when making appointments and awarding promotions - a principle that has now been stopped in its tracks by the DCS judgment. Therefore, Solidarity now has the necessary legal grounds to stop the SAPS's unfair implementation of affirmative action once and for all," Dirk Groenewald, head of Solidarity's Centre for Fair Labour Practice, said.

Groenewald believes the National Police Commissioner's emotionally-charged comments following last week's judgment are rather a weak attempt by the SAPS to distract attention from its race-based appointments and promotions. "The SAPS is probably aware of the fact that the Labour Appeal Court judgment is fatal for their cause and they are now trying to divert attention by criticising Solidarity's actions," Groenewald says.

The Labour Court's judgment of 2 April on the promotion of members of the police to the said ranks is mainly based on the SAPS's employment equity plan. The court must, however, still decide on the lawfulness of this plan.

"We believe the court's reasoning on why the police's promotion of members in the said ranks doesn't amount to a quota system is inconsistent with the Constitutional Court and the Labour Appeal Court judgments in this regard. We therefore believe the Labour Appeal Court or, ultimately, the Constitutional Court would reach a different conclusion," Groenewald said.

Statement issued by Dirk Groenewald, Head: Centre for Fair Labour Practices, Solidarity, April 13 2015

Earlier statement:

Solidarity will appeal against ruling on police promotions

9 April 2015

Solidarity will appeal against the Labour Court's ruling regarding the South African Police Service's application of affirmative action during appointments and promotions on the level of lieutenant, captain and major. Solidarity's legal battle with the SAPS regarding its application of affirmative action, which started in 2011, is therefore still not over.

"The latest court ruling is disappointing and highlights the need for guidance from the Constitutional Court regarding this issue. We believe the Labour Appeal Court or, ultimately, the Constitutional Court will give a different ruling. We are, however, disappointed that the case will be drawn out further because of the judge's ruling," said Dirk Groenewald, head of Solidarity's Centre for Fair Labour Practices.

In terms of the ruling, the promotions and appointments of police members in the mentioned ranks were not based on a quota system. The court nevertheless found that the SAPS had had no other alternative but to adhere to the racial targets as set out in its employment equity plan.

Meanwhile, the trade union cautioned the SAPS in writing yesterday that it should not continue to make appointments in terms of the Safety and Security Sectoral Bargaining Council agreement, pending the outcome of another court case against the police regarding its affirmative action plan. Solidarity moreover pointed out to the SAPS that the interdict of 28 February 2013 regarding this case is still in force.

"Should the SAPS continue to make appointments in the meantime, Solidarity, besides the appeal process, will initiate a legal action in the form of a contempt order against the SAPS. We believe that the core of the SAPS's affirmative action plan is misguided and that a higher court should have the opportunity to give clarity on this issue. Moreover, there is still no clarity over the lawfulness of the use of a quota system that is based on the national racial demographics and we aim to get a definite answer in this regard through continued litigation," said Groenewald.

"If last week's ruling is upheld in a higher court, employers will be able to impose numerical goals rigidly, leading to race being placed above factors such as skill and experience during appointments and promotions," according to Groenewald.

Solidarity is representing Johannes van der Walt, Monty Stone and Natascha le Roux in the case.

More about the court case:

1. Johannes van der Walt is a white employee with 30 years' service and he currently holds the rank of captain. He was not considered for promotion to major. In August 2011, van der Walt filed a grievance in this regard. In September 2011, he was told that the most senior members, limited to the number of positions per each racial group, would be considered for promotion and that not all members who met the minimum promotion criteria could be promoted. The case was referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) and later referred to the Labour Court.

2. Monty Stone is a white employee with 31 years' service and he currently holds the rank of captain. In June 2011, Stone received a document with the names of 62 candidates who were promoted to the rank of major in Gauteng. However, his name was not on the list. He filed a grievance on the same day. In July 2011, Stone was also told that not all members who met the minimum criteria could be promoted. The case was referred to the CCMA and later referred to the Labour Court.

3. Natascha le Roux is a white employee with 24 years' service, currently holding the rank of warrant officer. Le Roux has already acted in several senior positions, among others Divisional Commander with the Organised Crime Unit in East London, a position for a captain. In January 2012, le Roux filed a grievance when it came to her attention that several colleagues, mostly junior to her, had been promoted. In February, she too was informed that not all the members meeting the minimum criteria could be promoted. The CCMA referred the case to the Labour Court.

Statement issued by Dirk Groenewald, Head: Centre for Fair Labour Practices, Solidarity, April 9 2015