Soldier promoted by court order

2012-02-10 22:11

Johannesburg - A career soldier who has been on the same salary scale since 2006 has obtained a court order, forcing the Defence Force to promote him and adapt his salary level.

Pretoria High Court Judge Sullette Potterill ordered the minister of defence, chief of the SANDF and surgeon general to promote Lieutenant-Colonel Michael Joseph Carter, 59, to the rank of Colonel.

The judge also ordered that Carter be promoted to a higher salary level and be awarded nominal yearly promotions and increments backdated to October 2006.

Carter, who joined the defence force as a private in 1970, took his employer to court after being repeatedly overlooked for the post of Senior Staff Officer (SSO) Hospitality Services in favour of "less qualified" women.

Acted in position on numerous occasions

He said in court papers he had acted as SSO in the position on numerous occasions, and his name had been on all the succession plans for the post as a suitable candidate since 2004.

Two woman predecessors had also recommended him as the best man for the job, yet the post remained vacant for years and he never received any feedback when he applied.

Carter said a woman commander, whose highest educational qualification is Grade 12, was promoted to Captain to fill the post in 2008.

This was despite the fact that she had not been a commander for four years and did not have a National Diploma or equivalent qualification which the post demanded.

Carter's military qualifications include an SA Military Health Service Senior Management programme and he has a bachelor's degree and diploma in food technology.

He also developed various electronic systems to support the hospitality services environment in the SANDF, including a ration requirement system.

According to court papers, all attempts by Carter to lodge a grievance through the required channels were met with a stony silence.

He said the failure to promote him had already cost him over half a million rand and would have a huge effect on his pension.

AA measures

The SANDF argued that Carter's lack of promotion was consistent with affirmative action measures.

The Director of Product Systems Support in the department of defence, Brigadier General Mondo Mbiza, said in an affidavit the prescribed requirements to be promoted to a higher rank included not only qualifications but also representation.

He said when a white woman was promoted to the post, he had called Carter and explained to him that the whole process "had to do with balancing the imbalances of the past".

"The applicant (Carter) could not just grab it, it was a political and constitutional imperative to prefer a woman over a man for the said post.

"There is no way the promotion (of the female officer) can be reversed," Mbiza said.

  • Irene - 2012-02-10 22:57

    Aaaaah, how did I know the colour of the soldier just by reading the headlines?

  • Marcell - 2012-02-10 23:27

    Easy solution: Give him all that was ordered. They place him on full retirement as if he was 65. Problem solved, but I bet you need the white man to do the work for the incompetant non whites ?

      Mark - 2012-02-11 11:05

      spot on mate

      clyde.september - 2012-05-14 18:52

      "..a white woman was promoted to the post.." ..supposed you missed that bit..

  • John - 2012-02-10 23:43

    The Racist Anc at Work.

  • marina.poniatowska - 2012-02-11 00:48

    Good for him.

  • Cheryl - 2012-02-11 02:54

    affirmative action insults those it was intended to help. To be promoted for anything other than performance and potential, sends the message you have neither capacity or capability.

      Ben - 2012-02-11 06:26

      It should be an insult, like receiving a bonus on top of a too high salary when you did not earn it but, sadly, that depends on your intellectual level, background and, of course level of civilisation.

  • raymond.kok3 - 2012-02-11 07:10

    once again the place in the world where a rainbow has only one colour

  • Trevor - 2012-02-11 07:27

    This is why SA is in the doghouse it's in and it will get worse as it has every single year...AA has never and will never work....people can say what they want about "imbalances", how much longer can the country absord these idiotic polices of the ANC...from where I'm not sitting, the ANC is proving to be the most racist organisaton in SA, no better than the old NP.If you disagree then I'll reply, stop living in the past, stop using it as an excuse and look where we are RIGHT NOW, SA RIGHT NOW needs the BEST it has to offer, not the blackest at any cost!And before someone points out it's a white on white issue this...I don't care for colour, I attack the POLICY of AA...not one instance.

  • reinier.van.den.bergh - 2012-02-11 07:29

    Balancing the past = screwing up the future

      gerry.woodrow - 2012-02-11 11:36

      Good one Reinier! I agree. Balancing the past could be screwing up the future for South Africa and everybody living here. But more so for the poor who are really taking the brunt of some of the present policies.

  • Mehluli - 2012-02-11 07:31

    We need to undo the injustice of the past but with the courts acting they way they are doing we are far over from correcting the apartheid past.The only way forward is to amend the compromised constitution.It has reached its sell by date.

      africanwolf - 2012-02-11 07:47

      Exactly scrap BEE , AA and all other racist policies employ people according to skills and qualification,and not color, then it will be better life for all , not only a certain group. AFter 17 years in power i am sure government had enough time to implement all the above racist policies, now it's time to stop.

      Malcolm - 2012-02-11 10:37

      @Mehluli: The government has had 17 years to undo all and any injustices of the past and their continuing one-sided selfishness must end forthwith. The constitution is certainly not compromised and does not need any amending for it was negotiated by diverse tribes in order to protect minority groups. SA is the only country in the world where affirmative action is in favour of the majority who have complete political control. The fact that the political majority requires affirmative action to protect them against a 9% minority group is testament to a complete failure on their part to build their own wealth making structures; such that their only solution is to take it from others.

      Archie - 2012-02-11 11:30

      your ANC leaders made the constitution as it stands,whats wrong?havent you got enough protection,30% pass rate at schools no wonder you think stupid.

  • Dhavandran - 2012-02-11 08:37

    get used to it. educational qualifications take a back seat when it comes to the anc. look at the sabc , you don't need a matric to be the ceo ,becos the anc knows that they have stuffed up a perfectly working education by trying to satisfy the masses without improving the infrastructure like basic hygiene,clean water, electricity etc. they sacfrificed standards in favour of aa,they know that their so called matric is welcome to the world of aa where you don't need any education qualifications to be promoted, its the anc way of ridding itself of a guilty conscience of non delivery.

      Duncan Thabiso Mphailane - 2012-02-11 09:13

      Which SABC CEO doesn't have a matric certificate?

      Malcolm - 2012-02-11 10:53

      Hlaudi Motsoeneng was appointed to the position of Chief Operations Officer (COO) at the SABC, raising fears of a blatant political appointment with a questionable record. An internal audit in 2006 revealed that Motsoeneng falsified his qualifications in his initial application to the SABC, stating that he had passed matric when in fact he had failed it twice. He was previously dismissed from the SABC for breaching SABC rules; a dismissal that was upheld by the CCMA. The DA fought against Motsoeneng’s flawed appointment.

  • Duncan Thabiso Mphailane - 2012-02-11 09:26

    No of you(whites) think that the women who promoted before him were white. Nothing in the article suggests that the women are black. Affirmative action works in favour of all women regardless of race.

      Piston - 2012-02-11 10:02

      er...Duncan...a very good friend of mine...white female has by her own admission been surprisingly promoted! Long story. It does not just happen mate. Most of her time fighting off racist lawsuits against her. She wins everytime. The black folk under her are inept, unqualified, aggressive and downright lazy! She gives orders...they don't like it...they sue & call her racist...nice hey?

  • Piston - 2012-02-11 09:44

    Racisism at work....under the guise of sexism...nice one cANCer...

  • Chappies ZA - 2012-02-11 09:50

    Give the Judge a Bells

  • Lucky Manaswe - 2012-02-11 10:20

    If the white government never discriminated against black, indian, colored and white women we won't be having this BEE or AA. Truth is the white government screwed the future of this country by only being concerned about their own especially white men. Now the black government is sitting between a rock and a hard place and they are not winning either way. As much as I acknowledge as a black man that AA sometimes don't work, a white man must also acknowledge the fact that his forefathers screwed our future for their own selfish acts. Now they are dead and some very old to see they really messed up for their own children and black people of this country. Hopefully in 20 years time AA will be dead as black people would have gained necessary education and experience needed. We as the current generation must pave a good path for our children and accept at the moment we won't live equally. Alutta continua

      Tony - 2012-02-11 11:16

      All we have done is substuted a White racist nationalist government for a black racist nationalist one. What I find strange is that under the white regime, the black folk realised that the system was all wrong and unjust, but under the black regime, these same black folk have become "justice" blind, just as the whites were some 17 years ago. In both cases the country suffered. Your wish for a better future - well the various youth legaues are so trapped in the past, I think we are looking at generations ... and by then ,, well you can figure it out. A Luta Continua, but victory has evaded us all....

      Archie - 2012-02-11 11:43

      Lucky, there are thousands of intelligent black south africans out there ,unfortunately they are not political cadres willing to do the communist parties or the unions bidding.Mandela promised us all a future not just the black south africans .He never mentioned BEE etc. it is a tool for protecting the sick,lame and lazy,who do buggerall for the developement of our country .remember ,one wealth creator can provide hundreds of jobs.One big strike loses hundreds of jobs.

      Piston - 2012-02-11 11:51

      Maybe you forget how long the ANC has been in power...But what have they done? You want to perpetuate the wrongs by legislating all that is bad.Add to that wholesale nepotism, jobs for buds, unqualified people and cadre deployment....we are already sliding into Zimbabwe & the rest..oh...sorry i forgot... inherent tribalism. I just wish it were so different...i also want my kids to have a good life and opportunitys for growth. BTW...i'm teaching them to be self employed but i'm sure the ANC will find a way to screw over self employed white people...and please...don't ever promote BEE or any other does NOT WORK!

      Lucky Manaswe - 2012-02-11 12:20

      Piston I'm not promoting anything here. The problem with most of us is our inability to accept when we have screwed up. Like I said AA sometimes it doesn't work for example when a white man and black man competing for a position in which a white man has outstanding qualification and experience, in that case give him the job but in cases were we are in the same bracket just a little difference, give a black man the job that's how AA should be and I understand it to be. You as a white man too you should accept and acknowledge that your race made things difficult for us now. That's the fact and we shouldn't be stopped to talk about it because is there, if you don't want to deal with it, tough. a black government has been ruling this country for less than 20 years compared to many decades under unfair rules to women and black race. How do u correct that without others filling the pain? Even now a white man is not being taken out like how black men were and that's the truth. White men still holds some great positions, they still get employed better than black people. Just take the number of both white and black kids graduating in the same year and a year later go and check how many were employed from each group. Whites are up there. I favor AA when 2 candidates have more or less job requirements mentioned in a job advertisement.

      Lucky Manaswe - 2012-02-11 12:29

      Sorry not Pistol but Cheech. @Archie I agree with your concern but what you mentioned is not AA, its some diseases that also needs to be sorted out. We are debating AA here and its challenges

      Lucky Manaswe - 2012-02-11 12:33

      Hahahaha my bad guys, I'm checking out different comments and messing up the names. Piston my previous assay was directed to you. I hope this time I'm right.

      Geronimo - 2012-02-11 13:53

      I don't get why young white people today must accept or acknowledge anything about the past when they had nothing to do with it. Most just want a free, fair and NON RACIAL South Africa. You are the one reinforcing racial divides. I'm not sure how people are meant to move past race when it is being perpetually shoved down their throats. In this way, the racist ANC has failed - they have divided the country in the same way the racist NP did.

      Lucky Manaswe - 2012-02-11 15:06

      Are people aware that the percentage of unemployed whites is very less compared to the percentage of unemployed blacks. Are u aware the reason why is that so is the inequalities of the past? So how do you solve this without hurting the other? We shouldn't run away from the truth, black people are majority in this country but are the ones faced with this unemployment issue. White government is the one that laid foundation of inequality,if it wasn't for them we wouldn't be debating this now, where is necessary to implement AA let it be done, I already explained where it should be applied. You can't say let's leave the past while they are still affecting us now. NB: not everyone employed via AA is incompetent or doesn't qualify and I used to work with white men with no formal education of our work but big experience, how did they get that job? Don't be ignorant people, if u don't like AA come up with a solution that can satisfy everyone. And again AA doesn't not cater for black people only.

      bobby.mykonos - 2012-02-11 15:28

      @Lucky White South Africans acknowledged that the past was wrong a long time ago, and that steps should be taken to redress the imbalances of the past. The ANC was given a golden wicket on which to build a thriving economy. They had the full backing of the entire planet, and all they have done is enrich themselves and send us down a spiral of poverty from which we are unlikely to ever escape. By all means give preference to the previously disadvantaged but allowing services and organisations to collapse due to inexperience and incompetence is just hurting us ALL. There is no balance under the current system between addressing the wrongs of the past and maintaining a viable economy into the future. "You as a white man too you should accept and acknowledge that your race made things difficult for us now" Do you not see how ridiculous your words are? You are claiming racism while at the same time claiming that I am liable for apartheid because I am a different race from you? Is race important to you or not? Decide now. If it's not important to you then stop using it when it suits your pocket.

      Nikki Bodenstein - 2012-02-13 08:17

      Are people aware that the percentage of black people unemployed is higher than that of whites???? Did you know the percentage of blacks is more than white in this country?? Hello! Not our fault your black brothers and sisters don't want to work! And why would they when they can rather sponge off the government, work casual labour off the books and not pay tax. Oh that and 80% just aren't literate and capable of intelligent logical thought. But keep playing the apartheid/white card. ANC has been in power how long now? Eventually you'll have to come up with something else cause right now you just look like a fool

      Johann - 2012-05-14 18:23

      Realy willl it take another twenty years I did not know it would take that long you've had eighteen years already , may be just may be if struggle less and use you energy to learn and work you won't need 38 years to educate yourself and become a achiever and not a beggar

  • Michael - 2012-02-11 10:44

    In Cmdt Carter shoes I'd be looking to pursue a career elsewhere now, giving his employer a legal bloody nose will ensure the same promotional acceleration as peeing in the generals teacup in plain sight.

      Hugo - 2012-02-11 13:09

      getting a job at 59 would be close to a miracle, not to mention that he has a Dip/degree in food tech

  • xpentelbury - 2012-02-11 11:51

    Well done Mr Carter!!

  • RemoteMedic - 2012-02-11 14:16

    The problem was that he did not want only pap & sous on the menu for the troops, bbut something much more appetising. Good for you Col Carter! From ex-SAMHS White Male Afrikaans Major who just left at young age due to the racist Surgeon General in the position at this present time.

  • Craig - 2012-02-11 15:13

    That is why the Military could not beat water at the moment. That's right cANCer.... put the security of the country in serious jeopardy so you can make the colour look good WTF!!!!!!!?????? cANCer logic at its Finest!

  • Zebelon - 2012-02-11 22:09

    The ANC government system of affirmative action at the expence of all other consideration is rotten to the core.The resultant suffering of citizens at large is of no consequence to the ruling party - striking a balance is not in their blinkered thoughts.

  • Pepsy - 2012-02-12 12:47

    When you consider women and people u trained with in exile over experience and competency, brace yurselves for this kind of embarrasment.

  • Nikki Bodenstein - 2012-02-13 07:45

    Good for him! So sick of affirmative action! Promotions and job placement should be given on merit and qualification not skin colour or gender.

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