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Trade union Solidarity today achieved a huge settlement on behalf of one of its members in the South African Police Service (SAPS). This followed after this member had been overlooked for promotion repeatedly as a result of affirmative action.

According to Anton van der Bijl, head of Solidarity’s Centre for Fair Labour Practices, this member was discriminated against based on his race. He added that the trade union was pleased that justice was done today. “Despite the fact that Mr Van Heerden was the best and preferred candidate for the advertised position, he was still discriminated against merely because of his race, which is prohibited by the Constitution,” Van der Bijl explained.

According to Van der Bijl, race constituted the primary reason why Van Heerden had not been considered for the position. Van der Bijl furthermore explained that section 15(3) of the Employment Equity Act prohibits the establishment of quotas. “The Employment Equity Act unequivocally prohibits the reservation of jobs for a certain racial group, and for this reason we took on the SAPS and its Employment Equity Plan on behalf of the member as the SAPS’s refusal to promote this candidate on the grounds of his race basically amounted to the reservation of jobs,” Van der Bijl said.

Solidarity and the SAPS today made the settlement an order of the court which, in essence means that Van Heerden has been appointed to the rank of Lieutenant Colonel as of today and all benefits are backdated. “It is really encouraging that the SAPS has dealt with this matter with an open mind, acknowledging that Van Heerden was entitled to promotion. Such instances strengthen the good relations between us and the SAPS,” Van der Bijl added.

Issued by Solidarity