Solidarity seeks rapid decision on SAPS positions placed on hold
The Solidarity trade union announced today that its case against the South African Police Service (SAPS) over its refusal to implement promotions on merit under its new ranking system, might be heard before the end of the year. The union will appeal to the Judge President of the Labour Court that the court date should be brought forward. Earlier this year Solidarity obtained an interdict in the Labour Court in Johannesburg under which no promotions to 1 634 posts with the ranks of lieutenant, captain and major, may be made.
Dirk Groenewald, head of Solidarity's Centre for Fair Labour Practices, said the pre-trial minutes had been signed by the parties and submitted to court. ‘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 five years' service, are being 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.'
On 20 April 2010 the SAPS introduced a new ranking system 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 to force the police to promote three white police officers, members of Solidarity, in accordance with the new ranking system. The union applied for an urgent interdict to stop the implementation of the second phase of promotions under the new ranking system temporarily.
The Labour Court 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 have 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 29 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 30 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. 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 23 years' service, currently holding the rank of warrant officer. Le Roux has already acted in several senior positions, among others Divisional Commander with Organised Crime 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, Centre for Fair Labour Practices, Solidarity, October 2 2013
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