Solidarity's case against police ranks resumes
27 January 2015
Solidarity's case of unfair discrimination against the South African Police Service (SAPS) regarding its new ranking system has resumed in the Labour Court in Johannesburg today. Solidarity maintains that the system discriminates unfairly against minority groups when appointments on the levels of lieutenant, captain and major are made.
"The new ranking system is another way in which the SAPS, by means of its affirmative action plan, applies quotas according to the national racial demographics, thereby disregarding experience at the expense of service delivery," Dirk Groenewald, Head of Solidarity's Centre for Fair Labour Practices, said.
The facts of the case:
- 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.
- Solidarity says the result is that white people who, as a result of the new ranking system, meet all the minimum requirements for promotion, cannot be promoted as the number of positions allocated to white people have already been filled.
- In 2011, during the first phase of the implementation 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.
- In September 2012, Solidarity filed court documents requesting the Labour Court to declare the affirmative action plan of the SAPS invalid in its entirety as it was in contravention of the Employment Equity Act and the Constitution of the Republic of South Africa.
- The union also applied for an urgent interdict to temporarily halt the implementation of the second phase of promotions under the new ranking system.
- 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.
- Solidarity brought the court case on behalf of Johannes van der Walt, Monty Stone and Natascha le Roux.
- These police members have more than 80 years' experience combined.
More about the cases:
1. Johannes van der Walt is a white employee with 31 years' service, currently holding 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 allocated to 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 32 years' service, currently holding 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 was 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 25 years' service, currently holding the rank of warrant officer. Le Roux has already deputised in several senior positions, among others as Divisional Commander with the Organised Crime Unit in East London, a position designated for a captain. In January 2012, Le Roux filed a grievance when it became clear that several of her colleagues, mostly her junior, had been promoted. In February she too was informed that not all members who meet the minimum criteria could be promoted. The CCMA has referred the case to the Labour Court in April of that year.
Statement issued by Dirk Groenewald, Head: Centre for Fair Labour Practices, Solidarity and Johan Kruger, Deputy General Secretary: Solidarity, January 27 2015
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