ConCourt upholds police age regulation policy

2014-06-19 15:44
(Nielen de Klerk, News24)

(Nielen de Klerk, News24)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

kalahari.com

  • Police
    A 'behind the scenes' look at how the emergency services work. Now R310.00
    buy now

Johannesburg - The Constitutional Court on Thursday denied a reservist leave to appeal a judgment that he does not qualify for a permanent post in the police because of his age.

"The application for leave to appeal is refused. There is no order as to costs," Judge Edwin Cameron said in a majority ruling.

The court found Daluxolo Nicholas Sali did not raise a constitutional issue against the police's regulations in the labour court and therefore was not allowed to raise it on appeal.

"A job seeker, reservist or non-reservist, seeking to challenge the age requirements of the SAPS must frontally attack regulation 11(1)," Cameron said.

"Mr Sali... does not tackle the biggest question in it: The validity of the regulation that is the ultimate source of his grievance."

The regulation stipulates that to become a member of the police, an applicant must be between 18 and 30. This was later amended to a 40-year maximum age limit.

Sali approached the Constitutional Court after he was successful at a job interview for a permanent post with the police, but not appointed because he was above the age limit.

At the time of his job interview he had been working as a reservist.

Sali applied for a permanent position when he was 41 and eight months. He had been with the police since August 2006.

In 2009, he was informed that his application was successful. He was required to undergo tests, which he completed satisfactorily, but was not provided with an employment contract.

When Sali asked for his contract he was told he had not been appointed because he was too old.

Sali argued in the Constitutional Court that the relevant regulation and recruitment policy should be declared invalid because it constituted unfair discrimination on the basis of age.

Sali took the case to the Commission for Conciliation, Mediation and Arbitration, but was unsuccessful.

The labour court ruled in favour of the police. It held that because the age requirement was given legal force by regulations, it could not be challenged under the Employment Equity Act.

- SAPA
Read more on:    concourt  |  police  |  johannesburg
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
17 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/Oscar Pistorius
 

6 impressive camping tips

Check out these great tips that will make your camping experience so much better!

 
 

Where were you when you last felt alive?

Free outdoor yoga classes
Watch: 5 skills to improve your BMX riding
Action camera for all occasions
Tips on how to set your fitness goals

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Save up to R1000 on Hisense smartphones!

View the large range of Hisense smartphones. Buy today and save up to R1000!

Deal of the week!

Save R1200 on the Samsung 48” smart full HD LED television now only R8799. Buy now!

Toys 4 for the price of 3

Buy 4 toys and get the cheapest FREE! Offer valid while stocks last. Shop now!

Mind blowing prices – As seen on TV

Get mind blowing prices on 1000’s of products! Shop now.

Save 20% on Nivea beauty products!

Buy any two Nivea beauty products and save 20%. Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

There is a strong social and romantic overtone that plays its way into your day. It may get stronger later in the day when the...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.