Johannesburg - Labour union Solidarity has been granted an interdict to halt all employment equity promotions and appointments within the South African Police Service (SAPS).
Police management will now have to wait until the Constitutional Court hands down judgment in a matter between the union and the Department of Correctional Services.
Solidarity brought the urgent court application to Labour Court last month, and argued that if SAPS continued to hire and promote officers based on its employment equity plan a floodgate of litigations would be brought against SAPS, if the Constitutional Court finds in the union’s favour.
In the Constitutional Court case the union argued that the use of national racial demographics in setting numerical targets without considering other factors reduced the department’s employment equity plan to a quota system.
Because of this application being granted, 5122 posts advertised earlier this year will not be filled.
SAPS argued against the interdict, saying that the posts had to be filled and were crucial to service delivery.
“'SAPS's ability to to deliver on its constitutional and statutory obligations would be adversely affected, the recruitment process for purposes of addressing service delivery would adversely affected and so would staff moral and career advancements which is not in the public interest,” said SAPS attorney Hamilton Manetje SC, during the court application.
However, Solidarity is adamant that their interdict does not prohibit all promotions and appointments, but only those based on the disputed employment equity plan.
The union’s chief executive, Dirk Hermann, has lauded the success of their application.
“The court has clearly drawn a line in the sand as far as affirmative action is concerned. Government’s affirmative action strategy will have to be revisited in its totality,” said Hermann.
The union said this application placed it in a strong position to pursue further action.
This interdict is one of many court cases in which Solidarity is challenging SAPS's previous employment equity plans.
Labour Bureau