70 police posts not filled because of affirmative action - Solidarity
The South African Police Service (SAPS) has not filled around 70 posts because of affirmative action. These facts have emerged from police minutes that will be used as evidence in a new affirmative action lawsuit between Solidarity and the SAPS. The case will be heard today, 8 November, in the Labour Court in Braamfontein.
Dirk Groenewald, Head of Solidarity's Labour Court Division, says the union is acting on behalf of Lieutenant Colonel Bernard van der Westhuizen, who was refused promotion on the grounds of gender. ‘He was refused promotion because of the implementation of a policy in terms of which 50% of police employees at each job level must be male, and 50% must be female. The SAPS's affirmative action plan is centred on an absurd and rigid numbers-based approach. With this case, we want to demonstrate the full ramifications of the recent Labour Appeal Court ruling in the Renate Barnard case, in terms of which it is justifiable to leave posts vacant and to rigidly implement racial demographics.'
Groenewald said that in Barnard's case one post was withdrawn, whereas in Van der Westhuizen's case at least 70 posts have not been filled. ‘It must have a negative impact on service delivery. The irony is that we will be going to the Labour Court to prevent the police from not filling posts on the very same day that inquiries into police efficiency are being carried out by among others the Farlam Commission.'
The media are invited to attend the court proceedings:
Date: Thursday 8 November 2012
Time: 10:00
Venue: Labour Court, 86 Juta Street, Braamfontein
Facts pertaining to the Van der Westhuizen case:
* Barend Jacobus van der Westhuizen has been in the employ of the SAPS since 27 December 1988.
* Van der Westhuizen currently holds the rank of Lieutenant Colonel in the police's Information and Systems Management division.
* On 26 June 2009 eight positions in this unit were advertised as part of the annual promotion opportunities. Van der Westhuizen applied for the position of System Manager: Business Intelligence/Geographical Information Systems. Interviews were held on 25 August 2009 and the member was recommended as the ‘only' suitable candidate for appointment to the position.
* On 20 October 2009 Head Office issued a letter to all departments in which instruction is given to all departments to review all promotions from level 8 upwards in order to achieve an equal gender division of 50%. This instruction is the result of a meeting between the then Police Commissioner, Bheki Cele, and some of his deputies on 19 October 2009.
* On 28 October 2009 the panel responsible for the filling of the above and other posts met to review its recommendations in the light of Cele's instruction. It was recorded that because of the core functions and technical nature of three of the posts the panel was not in a position to review the recommendations, and that the recommended candidates be appointed to the specific positions. The position for which Van der Westhuizen had applied was designated as one of these positions. It was furthermore mentioned that this particular post had been vacant for over a year already.
* On 9 November 2009 during a presentation to the National Commissioner the panel's recommendations were rejected and the three posts were withdrawn with the instruction to readvertise them. On 10 November another three posts in the Visible Policing Unit were withdrawn. On 11 November it was confirmed that Mpumalanga was withdrawing 25 posts and Gauteng 8 posts because of affirmative action.
* In August 2010 Solidarity brought an application on behalf of Van der Westhuizen, which will be heard on Thursday, 8 November in the Labour Court in Braamfontein.
Statement issued by Dirk Groenewald, Head: Labour Court Division, Solidarity, November 8 2012
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