Captaining a cause

Solidarity must be celebrating.  They took up captain Renate Barnard's case and have at long last got a result.  For those of you who don't know the story it goes something like this

Barnard was responsible for investigating priority and ordinary complaints against the SA Police service. In 2005 a superintendent level position was created by the police to improve service to the public in view of handling complaints. In that year Barnard and six other applicants applied for the position. An interview panel gave her 86.7% for the interview and recommended her unanimously.   However the Saps divisional commissioner recommended that the position not be filled, saying that her appointment would not promote representation.

So they went to the Labour Court and on Friday the SAPS was told to promote her to the rank of superintendent with effect from July 27 2006. The SAPS was also ordered to pay Barnard's legal costs.

The court found that "the failure to promote Barnard ws unfair and therefore not in compliance with the provisions of the Employment Equity Act."

This is a monumental decision and apparently Solidarity have another 9 of these applications in the pipeline.  The judgement went that extra step that the City of Tshwane vs the Engineering Council of SA case wouldn't do.

Well done Solidarity - this is work well done.  I know the EE Act well and I know the constitution well enough.  Let's look at these two acts

Section 9 of Constitution of the Republic of South Africa 

9(2) To promote the achievement of equality, legislative and other measures …. may be taken.
(3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds

Preamble to the Employment Equity Act

 in order to--

1. promote the constitutional right of equality and the exercise of true democracy;
2. eliminate unfair discrimination in employment;
3. ensure the implementation of employment equity to redress the effects of discrimination;

Point three under the EE Act says that EE is there to redress discrimination.  Where on earth did our government get the idea that you redress discrimination by discriminating.

And now I see Eyewitness News is telling us that Cosatu is urging the SAPS to appeal the decision.

Go ahead SAPS, take it all the way to the Constitutional Court.  Let's get the highest court to decide what constitutes discrimination.  If it doesn't go your way you could be putting jungle out of a job.

I am also hoping that this Denel story is fictitious too.   What is it with our parastatals - why do they always get it so wrong and why the hell does the government allow them to continuously get away with it.