Affirmative action in SAPS overturned

2011-03-23 13:27

Johannesburg - Trade union Solidarity on Wednesday said it had won its eighth affirmative action case against the SA Police Service and government in the Labour Court.

"In terms of a ruling [on Tuesday], two white police members, Emil and Martha Oosthuizen, must be appointed retrospectively in accordance with a settlement reached between Solidarity and the SAPS," spokesperson Dirk Hermann said in a statement.

He said this followed their application for reappointment in 2008, which was denied because their reappointment did not promote representation.

They both worked as fingerprint experts in the SAPS from 1990 until their resignation in 2006.

In July 2009 they applied for about 20 positions separately, and were finally reappointed in August 2010.

Hermann said that in terms of the court order, police records had to be adjusted to show their reappointment date as March 2009.

"Solidarity is turning the unreasonable way in which affirmative action is implemented in the SAPS and the public service on its head case by case," he said.

"The test of all these cases is to determine whether the ideology of absolute representivity should be implemented at the expense of service delivery."

Hermann said that in not one case could the ideology withstand the trial by court.

The union had won eight consecutive affirmative action cases against the SAPS and government, out of twelve cases brought before the court.

In one of these cases last year, the court ruled that Captain Renate Barnard be promoted to superintendent.

Hermann said the SAPS had appealed the ruling and the case would go to the Labour Appeals Court on May 4.

"In our opinion, this case is essential since a higher court will now determine whether affirmative action in South Africa is reasonable or not," Hermann said.

  • Brad - 2011-03-23 13:33

    Now this is a union i can get behind. Show the idiots running this place that they can't get away with it all the time!

      the_truth - 2011-03-23 15:23

      The problem is, when we get resistance, we give up to easily, or you do not have the moeny to fight, or you do not belong to Solidarity.

  • Meanleader - 2011-03-23 13:36

    Don't hold your breathe , we've got racist anc judges residing on these cases !!!!

      BRONZE - 2011-03-23 13:42

      And the same "racist ANC judges" have allowed for 8 consecutive wins against AA? How about thinking first before saying something ok.

      Jacques Jones - 2011-03-23 14:10

      admittedly they might be anc supporters but as bronze said they have awarded 8 of the 12 cases in favour of them. there are still some people out there who believe in the rule of law, even though they vote anc(go figure)

      cerveza - 2011-03-23 15:17

      @Jacques - just like there were non racist white people that voted NP, what is this world coming to if you can't judge a persons whole life outlook, intelligence and integrety just based on his/her political party?

      FaxM8 Fax - 2011-03-23 15:39

      With the IQ of a garden spade !

  • Macho Mike - 2011-03-23 13:44

    Eish, i am not surprised. With an idiot like Cele in charge, little wonder that those in responsible positions below him are clueless, and try do their own things.

  • bosegoos - 2011-03-23 13:45

    If this senseless litigation where the SAP always comes second, is to proceed, an order should be made by the Court that the Commissioner as the accounting officer of his Department should be held responsible for fruitless expenses in his personal capacity. That is the only way Gen Cele will learn. The poor man left Parliament tail between the legs for again not being able to put a plan forward to satisfy the Portfolio Committee. That is what you get when you appoint someone for his political views and not because of capability.

  • jiamalunga - 2011-03-23 13:47

    Go Solidarity!!! Show the new Racists!!!

      kolobe - 2011-03-23 14:23

      are you the old racist?

      TheBigBoss - 2011-03-23 14:30

      I see one brain cell Kolobe is still around. Just shows how thick skin the guy is, or just thick brained

      LBS - 2011-03-23 15:28

      Well hellooo Kolobe, you should rather keep quiet!

      ir8m8 - 2011-03-23 16:26

      i think its fair to say that the whites are and were as racist as the blacks are and were today, no point throwing stones from a glass house, especially when we have apartheid on our shoulders and you have the Xenephobic violence exhibited a couple of years ago...

  • Grant - 2011-03-23 13:48

    This is good news - these kind of results gives one hope that a reasonable, negotiated future is possible for all in SA. It shows that reason can prevail over rhetoric in the long run.

  • cialb - 2011-03-23 13:57

    This is really great news. I have always felt that AA as well as BEE is fundamentally unconstitutional and of course blatantly racist, particularly the extraodinary SA model. Ironic that it is the Right that is now fighting racism so sucessfully.

  • Shorts1 - 2011-03-23 14:12

    It is about time that this affirmative action is overturned in every sphere of our lives here in South Africa. If, after over twenty years, those currently still being favoured & protected by equity employement rules & regulations have still not made the grade, it is probably because they never will as they are incapable of doing so even with this policy in place. As a result, the level of dyfunctionality within our society grows steadily everyday, to the utter detriment of all concerned.

      ir8m8 - 2011-03-23 16:30

      no you see i disagree, i come from a home where the basics were a given, school etc etc, but after that i was on my own 2 feet, while working, raising a family and studying, it has taken me 18 years to finally catch up with my peers who went straight to varsity, but i am still behind because some of them have now moved on to do honours etc etc. now do the equation comming from a bantu education system, sorry but it will actually never level out for those generations, they will always have skill shortages, so apply AA, but earmark it only for the generations that came directly out of Apartheid, the kids entering the workforce today should NOT enjoy this liberty!!

      DW - 2011-03-23 16:48

      @ ir8m8 - I agree with your sentiments and have a similar story to yours. This causes a bit of a dilemma - applying AA or BEE to those who came from a bantu education still enforces mediocrity. If their education was not up to scratch then, they simply will not have the same abilities as those who had a very superior education to them. I personally think that the education system since apartheid is 100% worse than before. The standard of matric today is so low that it is not worth the paper it is written on. AA and BEE should be applied (no matter when this was achieved), but only where the candidate has similar qualifications or abilities to the other candidates who are applying. It makes absolutely no sense to give a job to an inferior candidate just because of his skin colour. He/she should qualify first based on ability, and the second criteria should be BEE/AA. The non-application of this has resulted in massive skills shortages and huge inability to do what is required with the resulting chaos in many businesses and public service departments. You are doing no-one any favours by giving them a job based on their skin colour alone, least of all your business/department. The answer is not to give jobs to inferior candidates but to improve (not destroy, as has been done) the education of ALL people in South Africa. Do this, and eventually BEE will not be necessary. The trouble with the current policies is that they encourage lower standards across the board.

  • ManOTMoment - 2011-03-23 14:16

    One small step for white people ....................

      coolwaynie - 2011-03-23 14:19


      Rob Gunning - 2011-03-23 14:37

      I disagree, it's one small step toward non-racialism.

      ManOTMoment - 2011-03-23 14:42

      Yes ....and what Rob said!!

      ir8m8 - 2011-03-23 16:35

      and you wonder why people like kaMazibuko think all white people are racist, if you persist in "box"-ing race into every comment and every subject we will never just be South Africans, we will remain us and them.

  • Alwyn - 2011-03-23 14:16

    To late all the best cops left for the private sector,look at everything that happened regarding cops the last two weeks,they have no discipline or leadership

      ir8m8 - 2011-03-23 16:36

      dont bluff yourself mate, many a cop of the 80's & 90's, white guys who my father used to have to deal with were as dirty as the water in the Hartebeespoort dam.

  • coolwaynie - 2011-03-23 14:18

    Faarking racist SAPS.

  • Deset Rat - 2011-03-23 14:19

    Affirmitive Action Overturned? So that means The General Cele is fired then? His appointment cannot be described other than an "affirmative action" appointment, as he has not come up through the ranks and nor has he a clue on police matters, besides telling the world he has no legal training.

      THX1148 - 2011-03-23 14:27

      we can but hope :-)

  • braamc - 2011-03-23 14:20

    Maybe all can be happy in there new fancy HQ in Pta?

  • Delarey - 2011-03-23 14:29

    Well done, keep up the good work.

  • BRONZE - 2011-03-23 14:38

    I am all for AA. But I hate it when people think I've come this far because I'm Black and the road has been smooth. It hasn't. Anyway, I'm glad that unions such as this can fight for what they believe in in such a manner. It is better than some people on this forum who bi**h and moan and say pointless racist remarks that spark nothing but further hatred for each other. Those people just sit on their butts and spew vile all over the place that changes nothing. If not, then they leave the country all bitter and pretend life is good on the other side while talking trash about our country. At least with the people that this union represented they took up the fight and battled their way to winning, I'm sure you deserve those jobs. All respect to them and best of luck. Now let me see how many ppl will accuse me of being a coconut *rolling eyes*

      Felix - 2011-03-23 14:52

      Why are you all for AA?

      tumelo.marumule - 2011-03-23 14:57

      Malaka: Yes, a real Coconut indeed. who died and made you a 'voice of reason' between blacks and white? Remember where u come from, monna!

      blondetopaz - 2011-03-23 15:11

      bronze, it will be more than being a coconut. lol. i totally agree with you. Majority of these ppl do spew vile, angry comments. I, as a white, truly try to see both sides of the story. there is always your side, my side and then the i will be branded a leftish, rose-tinted glass wearing, selling out the white, blah blah blah. Viva coconuts and leftish, rose-tinted, blah blah whiteys! In fact viva ALL south africans.

      blondetopaz - 2011-03-23 15:12

      leftist, oh my hat. my brain is officially dead and down to 2 cells.

      Grant - 2011-03-23 15:15

      Thank you BRONZE. tumelo - a 'voice of reason' has no colour! Just intelligence and a sense of what is right and fair. Note though that 'fairness' is not four jackals and a lamb voting for the dinner menu.

      blondetopaz - 2011-03-23 15:22

      @ tumelo. you are just jeelaas that comrade Coco has some vision, intelligence and common sense. Do you remember where you came from Monna?

      BRONZE - 2011-03-23 16:01

      Tumelo my brother, if anyone stood in my way because of my skin colour I'll fight to hell and back, just like these unions did on behalf of their clients. If I can do it, so can they. As for AA I really do believe that the wrongs of the past must be corrected in some way and I like it when I see people benefiting from it. I just don't like the way it's being implemented now. AA must never be chosen in favour of solid experience, simple as that. Hence we will keep getting such verdicts. When I have two people of same calibre but different races then I'd apply AA. But if one is more capable than the other but happens to be White, I'll be damned if I hired the non-White - to hell with AA. I want people that can produce quality work at the end of the day. *Now I take cover under desk*

      ir8m8 - 2011-03-23 16:44

      @tumelo.marumule, firstly do you know what the word malaka means, it is actually a greek word and is obscene in the worst possible way. apparently your racism does not bear bounds when it comes to using the colonialist foul language. Secondly, i feel pity for you, you cannot even breathe let alone see past the colour of your skin let alone anyone else's. We live in a democracy, yes thats what Madiba and the rest of the ANC Cadre's negotiated in 1990-1994, it means we have the right and freedom of expressing our opinions, that means my freind that he as a black man and me as a white man are allowed to stand up and tell our own respective ethnic group, be they african or caucasion, that they are a bunch of morons. That is our Constitutional right, it is one of the very freedoms this country, the one that you apparently were so apt in the liberation of, is founded upon. Here's another colonialist swear word for you: Pushti, put that in front of the other one and look in the mirror.

      DW - 2011-03-23 16:55

      Bronze for president! A reasonable, thinking man!

  • El Cid - 2011-03-23 14:52

    VIVA justice, VIVA!!!! Go SolidARITY GO....iT IS ABOUT TIME THAT THESE RACIST anc SWINE ARE SHOWN THAT aa AND bee ARE ABHORRENT PRACTICES. We are still living in "apartheid" South Africa. Down with AA; Down with BEE.

  • Soulchild - 2011-03-23 15:20

    wow a reason to smile again

  • Joy - 2011-03-23 16:22

    Hurray ! At last ! Affirmative action (BEE) is really not working properly!

  • Johan - 2011-03-23 16:55

    bravo !!!!

  • Sword&Cross - 2011-03-23 18:23

    Affirmative Action in South Africa has been almost the sole reason for the tragic state of affairs the nation is in right now. Exercising EXTREME RACISM as in punitive measures against whites and minorities as has become blatantly clear, does not engender non-racism nor lift levels of education, expertise, transfer of skills. In short - it is stupid and a failed exercise worldwide wherever attempt to implement it was made.

  • jayt612 - 2011-03-23 18:41

    Every country needs a strong industrial base and properly maintained infrastructure, otherwise it will deteriorate and go to ruin. One also has to adhere to proper industry standards ~ not just lip service. Synthetic politically correct type job creation wont work either! Where is the proper mentoring? Where is Olifantsfontein? I can only think, that maybe certain skill sets go hand in hand with certain mindsets. Quick fix solutions are merely an indication of desperation and denial. The already long proven, efficient and dedicated engineering skills base in SA is now being eroded. Where has AA (or similar) been applied successfully in any neighboring countries ~ I notice many job adverts online at BestJobs SA, JobMail and many other agencies advertising and looking for specialists outside their own countries! What would be the reason? In my opinion all engineering specialists in SA should be exempted from AA. The real Skills needs of SA should take national preference over AA. Doing so also makes economic and strategic sense. The country's engineering knowledge base is now at risk. One cannot buy high level experience and know-how. It comes with years of pain and dedication ~ attention to detail. I have noticed that certain countries in the world (USA and some Euro countries) are being de-industrialized, while China and a few other Oriental countries are being over-industrialized. I may well be that China is being engineered somehow to be the next super power, with India close behind in second spot. Then China will eventually control most global industries/supply lines to the Western world and maybe even run the world's new reserve currency after the demise of the USD, which in all probability will be backed by Gold and Silver. Thereafter China could end up governing the whole world - not impossible! A Better Life for ALL? Meaning ALL people in SA. Yes, no problem! The Freedom Charter is very clear on that score. AA was tried in the USA, did it ever work out? Expediency has its place and time, yes. SA now NEEDS engineering professionals to save it from ruin. AA and BEE is like apartheid, blocking good clever professionals from helping build SA. Govt should consider a moratorium on AA and BEE for a year or two. Alternatively, a Job Tender system may well be the best compromise in the current circumstances (considering both sides of the Job argument) We need to try and maintain a balance of expectations, which is practical and doable. Jobs can be advertised subject to CTC Remuneration Tender from ALL the NON RACIAL applicants. Then obviously the lowest tender will be selected by an Employment Agency or similar accredited body. This concept may well be the "saving grace to a vexing job allocation problem". Then we can have fairness among ALL from society and no finger pointing. Lastly AA and BEE cannot be expected to be on the Law books forever and amen. A time will have to come, better sooner than later, when the expectations and saturation point of AA and BEE is or has been reached. How far is SA from that point? There has to be a timeline, otherwise its merely expedient. Why not let simple economics make the decision? Very simple: when the Job applicant applies for any advertised position he/she must put in a Tender value/quantum for the respective Job on Offer. Easy and simple: (He/she would then tender his/her proposed CTC pay level) Then we will see who is really determined to work and who really wants that specific Job on offer. It makes for very wise sense! Engineering professionals with good long experience add immense value to ANY business or entity. In turn then many more Job openings are the end result. This is common knowledge in the industry - ask any real professional. AA and BEE is becoming outmoded in the new business global paradigm. Please name my any other country where it’s democratic society practice AA and BEE! Time to revisit, re-look and modify the whole Job Allocation balance among ALL the people of SA. ALL the unemployed people of SA deserve a better New Deal. We as a Nation can do it. Let us ALL make it work.

  • Tumelo Marumule - 2011-04-26 20:19


  • pages:
  • 1