Court asked to declare SAPS's affirmative plan invalid
The trade union Solidarity filed papers with the Johannesburg Labour Court today in which the court was petitioned to declare invalid the affirmative action plan of the South African Police Service (SAPS) in its entirety as it was in conflict with the Employment Equity Act and the Constitution of South Africa. In the papers Solidarity focused on the SAPS's enforcement of quotas according to the national race demographics.
If Solidarity's application is successful, it may have far-reaching implications for the entire public service since the affirmative action policies of other government departments are based on the same principle as those of the SAPS.
Moreover, the private sector will also be bound by a successful verdict.
This will be the first time the court is asked to declare the entire affirmative action plan of the SAPS invalid. It follows after Solidarity has already taken the SAPS to court in 14 separate cases.
According to Dirk Hermann, Deputy General Secretary of Solidarity, the core of the problem in this case is not individuals whom the SAPS has wronged but the plan itself. "We cannot continue taking individual cases to court. Now for the first time we are taking to court the root of the problem, namely absolute racial representation."