Trade union Solidarity filed papers at the Johannesburg Labour Court, asking for the SA Police Service (SAPS) affirmative action plan to be declared invalid.
Solidarity deputy general secretary Dirk Hermann said in a statement that the union aimed to dismantle the entire plan. "We cannot continue taking individual cases to court. Now for the first time we are taking to court the root of the problem, namely absolute racial representation," he said. The union had already taken the SAPS to court in 14 separate cases.
Police Minister Nathi Mthethwa, Labour Minister Mildred Oliphant and police commissioner General Riah Phiyega were named as respondents in the documents. Mthethwa's spokesman Zweli Mnisi said he had not seen the papers, and could not comment on its contents. "[It is] safe to say if the matter is brought before court, then our legal team will handle the matter accordingly."
In the papers Solidarity claimed that the SAPS's affirmative action plan amounted to social manipulation based on blatant race and gender quotas. It said the 'ideal' race-based targets set by the SAPS affirmative action plan between 2010 to 2014 were 79.35 percent for Africans, 2.46 percent for Indians, 8.85 percent for coloureds and 9.34 percent for whites. The union claimed this was unconstitutional. "Under the Constitution it is impermissible to discriminate on the grounds of race and gender. The Employment Equity Act, in outlawing discrimination, echoes this principle," the papers said. It said the "naked pursuit" of demographic representation based on racial factors can never be lawful. "The enactments legitimate affirmative action measures in order to redress the inequities of the past, but they positively decline to sanction social engineering mechanically designed to produce racial and gender representation in the future." It said that the plan did not take into account the regional differences in racial demographics. "For example, the representation of coloured people is made to depend on national demographics despite the preponderance of such persons in the Western Cape."
Hermann said the "problem" with absolute racial representation was that employers were beginning to "believe it was proper thing to do". "Solidarity wants to petition the court to give its verdict on the question of whether this practice is allowed by the Employment Equity Act and the Constitution of South Africa," he said. "The irony is that this racial ideology is hitting ordinary South Africans the hardest: people who are victims of poor service in various areas, including poor policing service."
He said the court date for the case had not been set yet.
Source: Times Live
Showing posts with label Solidarity. Show all posts
Showing posts with label Solidarity. Show all posts
Thursday, July 19, 2012
Friday, February 26, 2010
Promote white cop, SAPS told
In a landmark affirmative action case on Friday the Labour Court ruled that the South African Police Service should promote captain Renate Barnard to superintendent. Trade union Solidarity, on behalf of Barnard, approached the Labour Court to ensure Barnard's promotion. The court found in favour of Solidarity and Barnard and ordered the SA Police Service to pay the applicant's costs.
Solidarity general secretary Dirk Hermann said the judgment was a victory for all South Africans. "We are absolutely delighted. The judgment brought about a new direction in affirmative action," he said after the judgment was handed down. "This means for the police service that merit is also critical for affirmative action."Barnard, at the time of the dispute, was responsible for investigating priority and ordinary complaints against the SA Police service.
In 2005 a superintendent level position was created by the police to improve service to the public in view of handling complaints. In that year Barnard and six other applicants applied for the position. An interview panel gave her 86,7 percent for the interview and recommended her unanimously. "Captain Barnard was 17,5 percent better than the next applicant from the designated group. In view of this fact the interview panel recommended that should she not get the position, it will adversely affect service delivery," Hermann said.
However the SAPS divisional commissioner recommended that the position not be filled saying that her appointment would not promote representation. This, said Hermann, was despite the fact that Barnard was a woman and therefore part of the designated group in terms of the Employment Equity Act. After pursuing internal grievance procedures without success the case was referred to the Labour Court. Barnard, on Friday, wearing a teal ankle length dress told reporters outside the court how happy the ruling had made her. "It was not an easy road, but I am so relieved," she said. "Thank you to my father in heaven and to Solidarity."
The judgment stipulated that she would be promoted to the post of superintendent with effect from July 2006.
Source: IoL
Solidarity general secretary Dirk Hermann said the judgment was a victory for all South Africans. "We are absolutely delighted. The judgment brought about a new direction in affirmative action," he said after the judgment was handed down. "This means for the police service that merit is also critical for affirmative action."Barnard, at the time of the dispute, was responsible for investigating priority and ordinary complaints against the SA Police service.
In 2005 a superintendent level position was created by the police to improve service to the public in view of handling complaints. In that year Barnard and six other applicants applied for the position. An interview panel gave her 86,7 percent for the interview and recommended her unanimously. "Captain Barnard was 17,5 percent better than the next applicant from the designated group. In view of this fact the interview panel recommended that should she not get the position, it will adversely affect service delivery," Hermann said.
However the SAPS divisional commissioner recommended that the position not be filled saying that her appointment would not promote representation. This, said Hermann, was despite the fact that Barnard was a woman and therefore part of the designated group in terms of the Employment Equity Act. After pursuing internal grievance procedures without success the case was referred to the Labour Court. Barnard, on Friday, wearing a teal ankle length dress told reporters outside the court how happy the ruling had made her. "It was not an easy road, but I am so relieved," she said. "Thank you to my father in heaven and to Solidarity."
The judgment stipulated that she would be promoted to the post of superintendent with effect from July 2006.
Source: IoL
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