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Solidarity challenges state on equity law  Comments

Affirmative action on trial

November 13, 2009

By Lucky Biyase


Solidarity is putting affirmative action on trial by taking the government to court in 10 separate lawsuits to reverse the "practice of putting ideology above service delivery".

The trade union's deputy general secretary, Dirk Hermann, said yesterday these cases not only constituted discrimination against the union's members, but prejudiced the public in general.

The cases will be brought before the Labour Court, with the first one to be heard on Monday. Nine of the cases are against the SA Police Service (SAPS) and one against the Department of Correctional Services.

He said it was common practice for SAPS to leave vacant posts unoccupied or even phase them out rather than hire qualified white people.

"This is crippling our policing and is detrimental to the people in general," he said, adding that affirmative action in the SAPS was incongruent with the government's plan to prioritise crime fighting.

The SAPS practice was gradually being applied at local government level and at Telkom, where affirmative policies put white people at a distinct disadvantage, he said.

Solidarity's predominantly white workers employed in the telecoms, mining and electrical industries, complain of curtailed career prospects because of affirmative action policies that promote the hiring of black people and women to redress historical imbalances.

Hermann said operational failures at Eskom and Armscor reflected "tensions between the ideology of transformation and service delivery".

The union had budgeted about R1 million for the legal challenge. "You must budget to lose. But we are confident that our cases carry weight.

"Our campaign is two-fold. We are protecting these affected members.

"You must remember that Solidarity members are members of the broader public who are guaranteed protection by the constitution of the country," added Hermann.


Acting Black Management Forum president Tembakazi Mnyaka said the union should look for another argument.

She said: "The issue of transformation is a constitutional imperative which is affirmed in various acts such as employment equity.

"It is meant to right the wrongs of the past against more than 74 percent people of the country. It is not affirming incompetence. This argument is certainly flawed."

She said if it wanted to reverse that it should change the constitution. But Hermann was at pains to point out that Solidarity would support affirmative action if it was "input rather than output focused".

"The focus should be on providing training and development to designated groups. But the problem is that the focus is on the numbers."

Joe Campanella, a Johannesburg-based advocate, said the only route Solidarity could take was to present a case of unfair discrimination against white people.

In this case the government would have to defend its affirmative action policies on rational grounds.

"Their case is based on assumptions," he said. "Their complaint about service delivery is not strong either because it does not mean that when a white person is appointed service delivery will improve.

"It will come down to the issues, but I think their case is enormously speculative and not demonstrable."

Labour analyst Andrew Levy said the possible winner for Solidarity was the question of service delivery.

"If they say that the SAPS cannot protect people because the job is not being done as jobs were reserved, I think that is a valid point."
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Showing page 1 of 1 comment pages, 6 total comments
12 Weeks ago Anonymous wrote :
This new democracy is as much a joke as the apartheid government was. I never supported either of the two because of their inherent incompetencies. Racial discrimination is still alive and well as it was in the old days except though, now its aimed at the minority which is white. No matter how pathetic and ridiculous it is to favour incompetence based on race and skin colour it is also legitimised in law as it was in the apartheid era, evidently we the so-call rainbow nation have really learnt nothing after all, have we!
12 Weeks ago Anonymous wrote :
The only way to change things is to challenge it in as many ways as possible here and overseas , but it is a long process ,ask the ANC .
12 Weeks ago Anonymous wrote :
white people owns companies and are still discriminating black people even now. for instance if you can't speak afrikaans you cant even work at most companies in cape town and even if u r luck to work, ur career is not going anywhere...look at a bigger picture solidarity
12 Weeks ago Anonymous wrote :
I still encouter racial discrimination in the insurance industry .One cant qualify for certain position in areas like the Free State .Reason is you cant speak Afrikaans .You are qualified in terms of the qualifications and experience , but you are being discriminated by the langaunge ,Its still not affair .So Solidarity must look at the broader picture of the whole thing PLEASE . i would like to remain anonymous please .
12 Weeks ago CPF wrote :
As a member of a community police forum, I have a perfect example of a case where an Affirmative Action appointed Captain in SAPS has directly impacted negatively (no disastrously) on crime in our area. This captain drafted a police operational plan for our police station that actually plans for an INCREASE of serious contact crimes in our area. Yes, you heard correctly. An INCREASE of that crime and not a decrease as one would have hoped for. Furthermore, the same AA-appointed captain also planned for a police reaction time of more than 1 hour (60 min plus) in terms of crime complaints! And that whilst the standard reaction time should be 5min as per Police Head Office! What is really funny is that (1) this captain is appointed as the Strategic Management Facilitator in the area, and (2) his station commander actually accepted these Key Performance Indicators as the relevant police station's performance evaluation measures and send it to Police Provincial Head Office, that actually ACCEPTED it! When we as a community police forum confronted the relevant local authorities in this regard, they mentioned that this captain was useless and they don't know how he ever could be appointed in that position, unless he had an AA advantage. Did they discipline him for his incompetence? No, he was transferred to another station so that he can become a problem for another community police forum. And up to this day the local station commander tries to defend the indefensible! Who suffers? Well, we the community that lives in an area where our police have actually planned for ant INCREASE in contact crime and a sub-standard reaction time!! Please get my email from this newspaper and contact me if you need the proof. This would really be funny if it wasn't so sad!
12 Weeks ago citizen kane wrote :
Service delivery before window dressing, however solidarity is wasting its time , everyone including the judges are racially biased but good to prove a point anyway
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