Solidarity and Tshwane Municipality meet in court in affirmative action case

Trade union Solidarity and the Tshwane Municipality will face each other in the Johannesburg Labour Court tomorrow (Thursday, 17 November) in a controversial case regarding the unfair implementation of affirmative action. Solidarity will be representing its member, Marco de Sampaio, who applied for the position in which he has been acting in a temporary capacity for three years already, but for which he was not considered due to the unfair manner in which affirmative action is applied.

According to Dirk Groenewald, Head of Solidarity's Labour Court Division, judgment is expected to be delivered in the matter on Thursday already.

In documents Solidarity submitted to the Labour Court earlier this month, the trade union demands that the municipality discontinue the approach it has taken to implementing affirmative action thus far. De Sampaio has been working for the Tshwane Municipality since 1999. He has been acting in the position of Deputy Director for Systems Development at the Department of Water and Sanitation since 2008.

De Sampaio applied for the specific position for the first time in 2008 and, in spite of being shortlisted, was not appointed in that position. According to documents in Solidarity's possession, De Sampaio and two of the other three candidates' names were removed from the short list. An entry was made on the document that the short list should be recompiled and that employment equity should be taken into account. All three candidates who were removed from the list were white.

The position was subsequently advertised another three times, in 2009, February 2011 and September 2011 respectively. De Sampaio, a professional technologist, applied for the position every time, but didn't make the short list in 2009 or in February this year. Meanwhile, it would appear as if he has again not been shortlisted following his application in September this year.

According to Dirk Hermann, Deputy General Secretary of Solidarity, the manner in which the Tshwane Municipality applies affirmative is based on a racial instead of a corrective approach. Solidarity maintains that this municipality is acting contrary to the Employment Equity Act.

This case is the 22st in a series of cases regarding the unfair implementation of affirmative action that Solidarity has undertaken on behalf of members.

Statement issued by Dirk Hermann, Solidarity deputy general secretary, November 16 2011

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