SAPS ranking system does not afford whites equal opportunities ─ Solidarity
Trade union Solidarity had referred to the Labour Court a case of unfair discrimination on the grounds of race to force the South African Police Service (SAPS) to promote three police members in terms of the new ranking system. The police members have a total of almost 80 years' experience.
Dirk Groenewald, head of Solidarity's Labour Court Division, said it is one more way in which the SAPS enforces quotas in terms of its affirmative action plan based on the national racial demographics, failing to appreciate experience at the cost of service delivery. "On 20 April 2010 the SAPS introduced a new ranking system whereby two new ranks ─ lieutenant and major ─ were established to afford warrant officers and captains the opportunity for promotion. The available positions in the ranks of captain, lieutenant and major were divided into groups according to race and gender.
Although the numbers of positions allocated to each race and gender group have not been disclosed, it is clear that also in this instance the SAPS is following a mathematical racial approach in order to fill the positions in terms of its national affirmative action plan. Last month Solidarity filed papers to petition the Labour Court to declare invalid the SAPS's affirmative action plan in its entirety as it was in conflict with the Employment Equity Act and the Constitution of South Africa."
Groenewald said only 9% of the available lieutenant and major positions have been allocated to white people. "This means that whites meeting the minimum requirements for promotion thanks to the new ranks cannot be promoted because the numbers of positions allocated to whites have already been filled. This, despite the fact that several employees of the designated group, with much less seniority, were promoted since more positions had been allocated to their race group."
Solidarity is conducting 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 28 years' service, currently holding the rank of captain. He had not been considered for promotion to major. Van der Walt filed a grievance in this regard in August 2011. The next month he was informed that the most senior members, limited to the number of positions per each race group, had to be considered for promotion and that not all the members meeting the minimum promotion criteria could be promoted. The case was referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) and later to the Labour Court.
2. Monty Stone is a white employee with 29 years' service, currently holding the rank of captain. In June 2011, Stone received a document with the names of 62 candidates promoted to major in Gauteng. However, his name was not on the list. He filed a grievance on the same day. In July 2011 Stone, too, was informed that not all the members meeting the minimum criteria could be promoted. The case was referred to the CCMA and later to the Labour Court.
3. Natascha le Roux is a white employee with 22 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 in April.
Statement issued by Dirk Groenewald, Head: Labour Court Division, Solidarity, August 10 2012
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