Solidarity gets court order; another step closer to affirmative action success

The delay tactics by the South African Police Service (SAPS) in the affirmative action court cases that the trade union Solidarity is handling on behalf of eight members were nipped in the bud today by a judge's order in the Labour Court in Johannesburg that the pre-trial minutes need to be finalised and handed in today. The process has already been completed. This means that the cases can now, after more than a year in which the SAPS was dragging its feet, eventually be put on the roll.

Solidarity regards this as a step forward in the process to ensure justice for these members who have been jeopardised by the implementation of affirmation action in the SAPS. "The SAPS has been delaying the finalisation of the minutes for more than a year, thus trying to frustrate the legal process. However, the judge's order today puts us on course to ensure that justice prevails," explained deputy general secretary of Solidarity, Dirk Hermann.

The trade union is handling eight cases regarding the implementation of affirmative action in the SAPS. These cases have been consolidated in two groups: the implementation of affirmative action as is relates to the promotion of employees, and the implementation of affirmative action as it relates to the reappointment of former police members.

The case of one of the police members who died in a tragic helicopter accident in July this year, Tinus Gouws, forms part of these consolidated cases. Gouws, who had been employed by the SAPS for over 20 years, was not promoted from inspector to captain due to the implementation of affirmative action, even though he was the best candidate for promotion. Gouws' case will still be continued posthumously.

Solidarity emphasized that a victory would still be of value to Gouws' family. If the court ultimately decides that the implementation of affirmative action was unfair, a request can be made for compensation to be paid to Gouws' estate for the period in which he was not promoted. In addition, the promotion will result in an improvement in the pension payout to Gouws' family," Hermann explained.

Hearing dates for the various cases are now being awaited. Although it is not yet certain when exactly the cases will be heard, the hearings could take place as soon as early next year.

Meanwhile Solidarity is waiting for the finalisation of the pre-trial minutes of three additional affirmative action cases. All three cases were lodged against the SAPS in September and deal with the implementation of affirmative action based on race and gender.

Statement issued by Dirk Hermann, Deputy general secretary: Solidarity, November 17 2010

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