Kommal and Another v South African Police Service and Others (JR1115/15) [2018] ZALCJHB 11 (24 January 2018)

Kommal and Another v South African Police Service and Others (JR1115/15) [2018] ZALCJHB 11 (24 January 2018)

The court found that the applicants failed to demonstrate that the management science qualification was a mandatory requirement for the post, and that Kotze's academic qualifications and progression through the EDLP were properly considered by the selection panel. The employment equity argument was dismissed as the applicants did not challenge the finding that equity considerations would not have benefited the second applicant. The procedural irregularity claim regarding missing selection panel records was rejected, as the absence of records alone was insufficient to establish procedural unfairness. Consequently, there were no reasonable prospects that another court would reach a...

Citation
[2018] ZALCJHB 11
Parties
Applicant: Teddy Kommal; Applicant: POPCRU; Respondent: South African Police Service; Respondent: Brigadier C M Kotze; Respondent: Adv E Maree (NO); Respondent: Safety and Security Bargaining Council
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 January 2018
Case Number
JR1115/15
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Variation of Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
Lagrange
Legal Topics
Unfair Labour Practice, Promotion Dispute, Employment Equity, Procedural Irregularity
Labour Law Civil Procedure Unfair Labour Practice Promotion Dispute Employment Equity Procedural Irregularity

Case Brief

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Parties

Teddy Kommal

Applicant

POPCRU

Applicant

South African Police Service

Respondent

Brigadier C M Kotze

Respondent

Adv E Maree (NO)

Respondent

Safety and Security Bargaining Council

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Variation of Judgment

Legal Issues

  1. 1 Whether the court erred in its understanding of the minimum requirements for the post.
  2. 2 Whether the court erred in its application of employment equity criteria in determining unfair labour practice.
  3. 3 Whether the failure to retain records of the selection panel constituted a procedural irregularity warranting review.

Ratio Decidendi

The court found that the applicants failed to demonstrate that the management science qualification was a mandatory requirement for the post, and that Kotze's academic qualifications and progression through the EDLP were properly considered by the selection panel. The employment equity argument was dismissed as the applicants did not challenge the finding that equity considerations would not have benefited the second applicant. The procedural irregularity claim regarding missing selection panel records was rejected, as the absence of records alone was insufficient to establish procedural unfairness. Consequently, there were no reasonable prospects that another court would reach a...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed, with costs.