Law Practice News South Africa

Court order stops SAPS from filling vacant post

The SA Police Service (SAPS) has been interdicted from filling a vacancy occupied by a union member in a temporary capacity, trade union Solidarity said on Thursday.
Court order stops SAPS from filling vacant post

"A court order in this regard was issued in the Johannesburg Labour Court," Solidarity said in a statement.

The position may not be filled until a court case on the matter has been heard.

Solidarity had applied for an urgent interdict to prevent the vacancy being filled.

"The SAPS complied with Solidarity's demand before the application was heard, after which it was made an order of the court," said union spokesman Johan Kruger.

Solidarity member Louis Buys had already applied for the position three times without success.

The union instituted legal proceedings against the police on Buys' behalf.

He had been overlooked each time on the basis of affirmative action.

"Solidarity's demand is that Buys must be appointed in this or a similar position that has the same rank and that he must receive retroactive pay back-dated to June 2011," said Kruger.

Documents were filed in the Johannesburg Labour Court in June, as part of Solidarity's efforts to have the police affirmative action plan declared invalid in its entirety.

Solidarity argues that the plan is contrary to the Employment Equity Act and the Constitution. The union's action came after Solidarity brought 14 separate cases against the police, Kruger said.

A police spokesman was not available for comment.

Source: Sapa via I-Net Bridge.

Source: I-Net Bridge

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