SAPS guilty of unfair labour practice; Solidarity member receives promotion

11 May 2021

Judgment was rendered in the Commission for Conciliation, Mediation and Arbitration (CCMA) that a Solidarity member, Lieutenant-Colonel Annarie Breytenbach, must be promoted immediately to the rank of Colonel and that her promotion must be dated back to 1 November 2019. In terms of the ruling, the South African Police Service (SAPS) is guilty of unfair labour practice.

Solidarity took the matter to the CCMA on behalf Breytenbach after another SAPS officer was appointed in a promotion position in 2019 at the expense of Breytenbach. According to Solidarity, Colonel Nyembe was unfairly given preferential treatment in the appointment process and she was unfairly promoted to the position of Colonel, which is the Commander’s position at the “Epping Warehouse”.

Solidarity claims that in comparison with Breytenbach who has acted in the position for ten years and has a total or 19 years’ experience at the Epping Warehouse, Nyembe did not have the necessary experience at all. She had no experiences at the specific two Warehouses in the SAPS and therefore she was not suitable for the position. However, regardless of these facts, she still achieved a higher score during the appointment process.

“The fact that the SAPS still unfairly favours certain candidates and then appoints them in promotion positions at the expense of the better candidate remains cause for concern. Candidates must meet certain requirements and specific protocols must be followed, but apparently the SAPS management ignore this when it suits them,” said Ronel Stander, organiser of the public sector at Solidarity. “This is unacceptable and, as in the case of Colonel Breytenbach, Solidarity will not hesitate to challenge these actions by the SAPS. They must realise that such actions will not be tolerated.”

In terms of the ruling, the SAPS was guilty of unfair labour practice by its preferential treatment of Nyende. The arbiter further ordered that Breytenbach be promoted to the rank of Colonel and that Nyende’s appointment be set aside.

“This ruling gives a clear message to the SAPS management. Solidarity will continue to act as watchdog for its members and will ensure that that they are treated fairly. We also do not exclude the possibility that in future, we will insist that individuals are held responsible in their personal capacity for these types of actions. However, we are very pleased that justice and fairness have prevailed in this case,” Stander concluded.

Read the ruling here.

Issued by Ronel Stander, Organiser: Public Sector, 11 May 2021