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Soldier promoted by court order

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INDEPENDENT NEWSPAPERS

Minister of Defence Lindiwe Sisulu. Photo: Sizwe Ndingane

Pretoria - 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 Lt-Col 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.

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.

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, Brig Gen Mondo Mbiza, said in an affidavit the prescribed requirements to be promoted to a higher rank included not only qualifications but also representivity.

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. - Sapa

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Goro, wrote

IOL Comments
07:10am on 13 February 2012
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This is reverse racism but at least none of you people die from it...right? I think its best for you to go to Europe, it not hard to see that the goverment got no plans for you-there's more blacks hating you than more black liking you...and the most that hate you are in the government, whom happen to be decision makers...yall in trouble!!

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Anonymous, wrote

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02:27pm on 11 February 2012
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If we choose to look at this from a racial perspective, then of course, this debate will return to the black white issue, obviously not forgetting other colours in our land. The situation is one of an individual, where a person was not promoted, and for him, the lesson was to learn to stand up for himself, which he did, and now he has grown, regardless of meeting all the requirements beforehand, it's his character that has taken a step up. Well done, Carter. With regards to the previously disadvantaged, the now new disadvantaged, the boring babble about colour and EE and AA, well - South Africa, as a nation is still in recovery from colonization, and an we were an extreme example of the difficulties, including withholding the languages which were spoken, so that people were incapable, even after their education. Other colonists have enforced language, we, as in our situation, it was withheld. Now, the people who have done these horrible robberies of others property, are not here anymore. They remain forefathers to many, but certainly have moved on to greener pastures. They did the best they could with the knowledge that they had. The cycle is reversed, and people are still being robbed and killed - as the lesson was presented. Let us please just get over it already. Flee the country if you must. But know that "they" are you. There is no "they", so please start taking owernership for your OWN NATION, and think about what you are personally doing to impact on the lives which you come across. Make personal decisions that would improve this nation, and stop spreading hatred, as this will seriously not lead towards a more positive future. Don't look for scapegoats anymore, be responsible and make a difference now. South Africa, is still a baby, and the labor pains of just being born as a democracy are still fresh, and this will take another few decades to be forgotten, this is the pattern with most nations....read the history. We will overcome, in time, but don't contribute to the past wounds, rather just support each other and stop looking at skin, we are all people. Coming back, well done, Carter, for standing up for yourself and what you want in your life, and for achieving it. Well done.

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Precious, wrote

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01:19pm on 11 February 2012
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We cannot keep on promoting people who dont have the experience in their field. Experience and knowledge are the key factors in any field. Look at Limpopo, what a shambles, no one there to do the right thing. they have gotten away with huge corruption and now want a bail out! Its never been heard of in SA. Please use the right people for the job. And get rid of the ones in the Youth league who are guilty. (ie. Malema and co.)

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razisd, wrote

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12:22pm on 11 February 2012
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he belongs to the presently disadvantaged population

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paul prinsloo, wrote

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11:50am on 11 February 2012
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Depends on what hospitality services ind the Defense Force entails; hospitality is not a war any old qualified fool can play, depending on the services offered in the war of hospitality, Luit.Colonel Carter might have had the diplomas and degrees, but lacks something that the lady was born with and which is in high demand in the hospitality war where war weary officers recuperate after merciless encounters with the enemy. Just a theory though, these battles are fought in secrecy and I know that although they might be fierce, the public is protected from any knowledge thereof.

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Anonymous, wrote

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11:52am on 11 February 2012
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Simple solution: Offer him a pension package that makes up for the salary increases he would have had if he had been appointed during the years the position in question stood vacant. In other words, the man should be given back pay plus a full pension for the position he was clearly more qualified for than the current occupant. AA can only be applied to EQUALLY qualified applicants. That is not the case here.

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Anonymous, wrote

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11:47am on 11 February 2012
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Simple solution: Offer him a pension package that makes up for the salary increases he would have had if he had been appointed during the years the position in question stood vacant. In other words, the man should be given back pay plus a full pension for the position he was clearly more qualified for than the current occupant. AA can only be applied to EQUALLY qualified applicants. That is not the case here.

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Doug Hendry, wrote

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11:35am on 11 February 2012
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Well done Colonel Carter. A fight well fought, and justice seen to be done. They should stick their constitutional imperatives up the rectum of political ignorance

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Anonymous, wrote

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11:16am on 11 February 2012
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Apartheid ANC government

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Henk, wrote

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11:12am on 11 February 2012
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Affirmative action is a crime against Human advancement. Always choosing the second best available to placate the race obsessed!!

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matt, wrote

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11:00am on 11 February 2012
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The system works ? In this case yes and well done to the Court. Now they need to the judgement to be implemented !!!!!

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gus, wrote

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10:33am on 11 February 2012
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We are not a democracy,we are ruled by tribal "people"cutesy of our friends in the west..less we forget..}the head of the defence force is unqualified its a huge list of b...s,the only good thing is that in a call to arms this lot will be led by no one really,their future is bleak,oh also this white experienced soldier WILL be victimized.

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lance corporal, wrote

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10:06am on 11 February 2012
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Lindiwe Sisulu,u are not above the law.

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Anonymous, wrote

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09:23am on 11 February 2012
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The army might as well be the Titanic!

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Living in Exile, wrote

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09:18am on 11 February 2012
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We need somebody to take the government to task on this AA bulldust. How do you classify somebody as previously disadvantaged? The old pencil in the hair test? I am a white man who was ent to jail by the previous regime for refusing to do military service. I married an Indian woman. Two daughters. What the hell are they classified as??? Human beings or other race? Thats why i am still living in exile!!!

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Anonymous, wrote

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09:09am on 11 February 2012
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I am far from racist but here it is in black and white, he didnt get the promotion because he was white. Thought this was the new SA?? The following rings true to form now " It's not what you know, its what colour you are and who you know"..

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biffo, wrote

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08:58am on 11 February 2012
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@ WTF.... WELL SAID!!!!!!! They will NEVER LEARN.

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Joe64, wrote

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08:54am on 11 February 2012
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Strange how the most mundane tasks needs to be run by courts these days, is it perhaps the result of affirmative action one wonders? No integrity required.

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Anonymous, wrote

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08:49am on 11 February 2012
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Are u saying that black people are idiots,because it was the peoples vote,not the MP that voted hime into Power,and no,he or anyone who leads the ANC will be president,its just that white people are not ready for Power,and buddy in your life time. a black Gov is all you will ever know,useless you get packing.

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Grant P, wrote

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08:29am on 11 February 2012
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My optometrist asked me why my family and I are emmigrating to Australia, my reply was for my children's future education and employment opportunities thereafter. He had a worried frown on his face after that - he has kids here as well. I want my kids to grow up in a land of equal opportunity for all - I just feel sorry for those that cannot won't get out.

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