Ranking system: SAPS says positions have not been filled; case to be heard soon
The Solidarity trade union's case against the South African Police Service (SAPS) over its refusal to implement promotions on merit under its new ranking system, will be heard in the Labour Court in Johannesburg on 9 June 2014. Meanwhile, the SAPS has confirmed that the 1 634 positions for the ranks of lieutenant, captain and major have not been filled after Solidarity obtained an interdict last year in terms of which no promotions to these posts were permitted.
Dirk Groenewald, head of Solidarity's Centre for Fair Labour Practices, said Solidarity brought the case on behalf of three white police officials, Solidarity members, who had not been promoted on account of their race. Combined, these police members have 85 years' experience. ‘Solidarity requested that the collective agreement between the police and the police unions Popcru and Sapu should be declared invalid. According to the collective agreement, positions are allocated to the various racial groups in accordance with national racial demographics. This process resulted in white officers with over 17 years' service in the police not being promoted, but their black colleagues with as little as 5 years' service, have been promoted. It is clear that the SAPS is following a mathematical racial approach to fill the posts in accordance with its national affirmative action plan instead of rewarding officers for their years of service and on merit.'
Groenewald said the SAPS introduced a new ranking system on 20 April 2010 in terms of which two new ranks ─ lieutenant and major ─ were introduced to create an opportunity for promotion for warrant officers and captains. ‘The vacancies in the ranks of captain, lieutenant and major have been divided into groups according to race and gender.
In 2011, during the first phase of the ranking system, a total of 3 817 police officers, which included only 356 white officers, were promoted to the rank of lieutenant. A total of 812 police officers which included no white officers, were promoted to the rank of captain while a total of 513 police officers have been promoted to the rank of major, of which 48 were white officers.'
After the first phase, Solidarity brought a case of unfair discrimination based on race to the Labour Court. The union also applied for an urgent interdict to temporarily stop the implementation of the second phase of promotions under the new ranking system. The Labour Court has ruled that the police may not continue to promote police officers under the new ranking system until the court cases filed earlier by Solidarity about this controversial ranking system and the police's affirmative action plan has been heard. In another lawsuit, Solidarity petitioned that the affirmative action plan of the SAPS should be declared invalid in its entirety.
Solidarity brought the court case on behalf of Johannes van der Walt, Monty Stone and Natascha le Roux.
More about these cases:
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 meet 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 were also told that not all members who meet 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 has referred the case to the Labour Court.
Statement issued by Dirk Groenewald, Head: Centre for Fair Labour Practices, Solidarity, March 4 2014
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