Solidarity obo van der Walt and Others v South African Police Service and Others (J 412/13) [2013] ZALCJHB 130; [2013] 8 BLLR 816 (LC); (2013) 34 ILJ 2943 (LC) (28 February 2013)

Solidarity obo van der Walt and Others v South African Police Service and Others (J 412/13) [2013] ZALCJHB 130; [2013] 8 BLLR 816 (LC); (2013) 34 ILJ 2943 (LC) (28 February 2013)

The court found that the application was urgent and not self-created, as the applicants acted promptly upon learning of the impending promotions. The SAPS's implementation of SSSBC Agreement 2 of 2011, which allocated promotion posts strictly according to race and gender population estimates, amounted to a quota...

Source-derived case information.

Citation
[2013] ZALCJHB 130
Parties
Applicant: Solidarity obo van der Walt and Others; Respondent: South African Police Service and Others
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 February 2013
Case Number
J 412/13
Procedural Posture
Urgent Application / Interim Interdict Pendente Lite Pending Determination of Main Disputes
Outcome
Application for interim relief pendente lite granted.
Judges
Steenkamp
Legal Topics
Employment Equity, Interdict Pendente Lite, Demographic Targets, Quota Systems, Right to Equality, Collective Agreements
Labour Law Constitutional Law Employment Equity Interdict Pendente Lite Demographic Targets Quota Systems Right to Equality Collective Agreements

Source-derived case record

Summary, issues, holding and outcome

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Parties

Solidarity obo van der Walt and Others

Applicant

South African Police Service and Others

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pendente Lite Pending Determination of Main Disputes

Legal Issues

  1. 1 Whether the SAPS's implementation of SSSBC Agreement 2 of 2011 constitutes an unlawful quota system prohibited by law.
  2. 2 Whether the applicants have established a prima facie right to interim relief pending the determination of the main disputes.
  3. 3 Whether the urgency of the application is self-created or justified.

Ratio Decidendi

The court found that the application was urgent and not self-created, as the applicants acted promptly upon learning of the impending promotions. The SAPS's implementation of SSSBC Agreement 2 of 2011, which allocated promotion posts strictly according to race and gender population estimates, amounted to a quota system prohibited by law. The applicants established a prima facie right to relief, as the process created absolute barriers to promotion for certain groups, irrespective of merit or experience. The court held that alternative remedies were impractical and would result in significant disruption if implemented after the fact. Irreparable harm would result if the promotions...

Court Disposition

Application for interim relief pendente lite granted.

Orders

  • The applicant's non-compliance with court rules regarding time periods and service is condoned; the matter is heard as urgent.
  • An interdict pendente lite is issued restraining the first and third respondents from appointing individuals in the ranks of Lieutenant, Major, or Captain under SSSBC Agreement 2 of 2011 until judgment is handed down in cases JS469/12 and J879/12.