January 26, 2016

South African Police Services employment equity plan unlawful - Labour Court

The Johannesburg Labour Court has found that the SA Police Service's employment equity plan from 2010 to 2014 was unlawful


"Today’s judgment by the labour court is a huge victory for Solidarity, and the knowledge that the courts are not tolerating the unfair implementation of affirmative action, is reassuring," deputy general secretary Johan Kruger said.
The court ruled that the SAPS's employment equity plan amounted to a quota system and therefore contravened the Employment Equity Act and the Constitution.
After fighting the matter for just over 10 years, Solidarity said the ruling would have a bearing on the outcomes of 12 other discrimination cases they had filed against the SAPS since 2005.
Over the years, the trade union had argued that the police's employment equity plan was inconsistent with the provisions of the Employment Equity Act, as it was solely based on national demographics. This led to its members being unfairly discriminated against.
"The unfair affirmative action practices of the SAPS will be nipped in the bud by today's ruling," he said.
The ruling highlighted the duty of employers to align their employment equity plans with the relevant legislation, Kruger said.
Hawks spokesperson Hangwani Mulaudzi, speaking on behalf of the SAPS, said they would respond once their lawyers had studied the judgment.