Dead cop's promotion trial to go ahead

2010-11-17 22:19
Johannesburg - A policeman's battle to be promoted "even though he is dead" is set to go to trial in the Labour Court in Johannesburg after documents were signed by trade union Solidarity and the SA Police Service (Saps) on Wednesday.

The parties signed the pre-trial minutes moments before the case was due to be heard in court.

"It took Saps a year to sign, but they have done it," said Solidarity's lawyer Dirk Groenewald outside court.

Tinus Gouws and four other policemen, a police pilot, and a crew member, were killed when their helicopter plunged to the ground bursting into flames in a field near Verena Road, about 7km outside Witbank, in July. They were on their way to the scene of a bakery robbery.

If Saps had not signed, Solidarity was going to ask the court to compel them to do so, so that the case could be placed on the court roll.

At the time of his death, Gouws was engaged in a legal battle with Saps over his failure to be promoted due to affirmative action.

His case has been consolidated with seven similar cases being represented by Solidarity in court.

Only suitable applicant

These cases have been consolidated in two groups: the implementation of affirmative action in promoting employees, and the implementation of affirmative action in the reappointment of former police members.

According to the pre-trial minutes, Gouws, a white man who had been a police officer for 20 years, was at the time of his death an inspector in the Saps Air Wing division.

He had applied for a post of Airborne Law Enforcement Officer, Helicopters, with the rank of Captain.

The selection panel recommended him for the position in January 2009, saying he was the only suitable applicant.

However, in March 2009, Saps sent him a letter saying the position had not been filled due to equity restrictions. It was instead left vacant.

The parties disagree about whether the decision not to promote Gouws was based on reasonable and justifiable reasons. They also disagree about whether the Air Wing was "overly-represented" by white males.

Saps admits in the court documents that race was a factor in the decision, but denied that taking race into account when filling positions amounted to unfair discrimination on the grounds of race.

The officers who died in the July crash were hailed as heroes at their memorial service.

"Their children won't have the luxury to call on their fathers now. The SA Police Service must fill that gap. This organisation will be a father to these children and a husband to these widows," national police commissioner General Bheki Cele said at the time.

Solidarity spokesperson Dirk Hermann said on Tuesday they had been trying for over a year to finalise the minutes.

"Until the minutes have been signed by both parties, the cases cannot be placed on the roll."

Hermann said Gouws' family could benefit if the court case was decided in Solidarity's favour.

"If the court ultimately decides that the implementation of affirmative action was unfair, a request can be made for compensation to be paid to Gouws' estate for the period in which he was not promoted.

"In addition, the promotion will result in an improvement in the pension payout to Gouws' family."

- SAPA
Read more on:    solidarity  |  saps
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
1 comment
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

Every man should be able to do these three things

They might seem basic, but can you do these three things?

 
 

Men24.com

Goalkeeper saves five penalties with his FACE!
Hottie of the day: Jesselyn
This invention makes farts smell like chocolate!
11 things men don’t know about their clothes

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

24 hour sale – Up to 70% off

Its black Friday, save up to 70% on a wide range of awesome products at kalahari.com. Offers valid while stocks last. T&C’s apply. Shop now!

Save up to 60% on toys!

Don’t miss out on this hot offer, save up to 60% on toys. While stocks last. Shop now!

Festive gifts!

Check out our awesome range of festive gifts to make everyone’s wishes come true. Shop now!

Seen something you like in our catalogue?

Find the perfect gift and save up to R5000 – As seen on the catalogue. Hurry and shop now!

Save up to R2200 on electronics! – As seen in the catalogue

Wishing for tech gadgets this festive? Save up to R2100 on hot tech products at kalahari.com. 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

Grandiose ideas and plans can trip you up today. Keep things in context and take one step at a time....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.