TRADE union Solidarity has approached the Labour Court in Johannesburg to interdict the use of national demographics in the police’s employment equity plan.
The South African Police Service (SAPS), which advertised 5,000 jobs last month, said in its heads of argument that should Solidarity be granted the interdict, the police ministry would have to return its 2015-16 and 2016-17 promotions budget to the Treasury.
Solidarity, which is locked in another case concerning the same issue with the Department of Correctional Services at the Constitutional Court, wants the Labour Court to interdict the police’s employment equity plan until the highest court in the country gives clarity on the application of regional demographics when instituting affirmative action.
Regional demographics are particularly important in the Western Cape and KwaZulu-Natal, which have large coloured and Indian populations. The Employment Equity Act requires companies with more than 50 employees to have affirmative action plans, but it prohibits quotas.
Solidarity contends that, like the SAPS’s previous employment equity plan, which was declared invalid, the current plan amounted to a quota system.
Advocate Ngwako Maenetje SC, for the police, said the SAPS relied on flexible targets, based on national demographics, because of a need to be "broadly representative of SA". He said relying on regional demographics would "balkanise" SA.
Advocate Corne Goosen, for Solidarity, said the union was applying for an interim interdict as this was "least intrusive". Judge Anton Steenkamp reserved judgment.
Picture: THINKSTOCK
TRADE union Solidarity has approached the Labour Court in Johannesburg to interdict the use of national demographics in the police’s employment equity plan.
The South African Police Service (SAPS), which advertised 5,000 jobs last month, said in its heads of argument that should Solidarity be granted the interdict, the police ministry would have to return its 2015-16 and 2016-17 promotions budget to the Treasury.
Solidarity, which is locked in another case concerning the same issue with the Department of Correctional Services at the Constitutional Court, wants the Labour Court to interdict the police’s employment equity plan until the highest court in the country gives clarity on the application of regional demographics when instituting affirmative action.
Regional demographics are particularly important in the Western Cape and KwaZulu-Natal, which have large coloured and Indian populations. The Employment Equity Act requires companies with more than 50 employees to have affirmative action plans, but it prohibits quotas.
Solidarity contends that, like the SAPS’s previous employment equity plan, which was declared invalid, the current plan amounted to a quota system.
Advocate Ngwako Maenetje SC, for the police, said the SAPS relied on flexible targets, based on national demographics, because of a need to be "broadly representative of SA". He said relying on regional demographics would "balkanise" SA.
Advocate Corne Goosen, for Solidarity, said the union was applying for an interim interdict as this was "least intrusive". Judge Anton Steenkamp reserved judgment.
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