South Africa Case Law

Solidarity obo Pretorius v City of Tshwane Metropolitan Municipality and Another (JS523/2014)

Solidarity obo Pretorius v City of Tshwane Metropolitan Municipality and Another (JS523/2014) [2016] ZALCJHB 155; [2016] 7 BLLR 685 (LC); (2016) 37 ILJ 2144 (LC) (12 April 2016)

Court

Labour Court Johannesburg

Case number

JS523/2014

Judge

Coetzee AJ

The court found that the exclusion of the applicant from the promotion process was based solely on race and gender, without reference to any valid employment equity plan, numerical targets, or measurable objectives as required by the Employment Equity Act. The Staffing Policy relied upon by the employer did not qualify as an affirmative action measure under the Act, as it lacked numerical goals, flexibility, and a deviation policy. The employer failed to justify the discrimination as fair and did not comply with statutory requirements. The court held that the applicant was unfairly discrimina…

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• Employment Equity Act
• Affirmative Action
• Unfair Discrimination
• Collective Agreements
• Promotion
• Numerical Targets

Solidarity and Others v SA Police Services and Others (JS 469/12)

Solidarity and Others v SA Police Services and Others (JS 469/12) [2015] ZALCJHB 120; [2015] 7 BLLR 708 (LC) (2 April 2015)

Court

Labour Court Johannesburg

Case number

JS 469/12

Judge

Tlhotlhalemaje

The court found that the SAPS Collective Agreement, as implemented together with the Employment Equity Plan, constituted a valid affirmative action measure under section 15(1) of the Employment Equity Act and section 9(2) of the Constitution. The Agreement did not propagate rigid quotas but rather set flexible numerical targets, which are permissible. The implementation was not arbitrary or discriminatory, as promotions were made according to multiple criteria, including seniority, qualifications, and performance, within the framework of demographic representivity. The measures did not create…

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• Employment Equity Act
• Affirmative Action
• Collective Agreement
• Unfair Discrimination
• Numerical Targets
• Constitutional Equality

Munsamy v Minister of Safety and Security and Another (D253/03)

Munsamy v Minister of Safety and Security and Another (D253/03) [2013] ZALCD 5; [2013] 7 BLLR 695 (LC); (2013) 34 ILJ 2900 (LC) (3 April 2013)

Court

Labour Court Durban

Case number

D253/03

Judge

Whitcher

The court found that the measures used by the respondent to deny the applicant promotion were not in line with a defensible employment equity plan. The point system for representivity was arbitrary and lacked any rational basis, and there was no evidence of proper consultation or that the measures were permitted by any employment equity plan. The application of national demographics only to the designated group, while reserving a disproportionate number of posts for whites and a minimal number for Indians, was irrational. The respondent failed to prove that the discrimination was in line with…

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• Employment Equity
• Affirmative Action
• Unfair Discrimination
• Consultation Requirements
• Numerical Targets
• Remedies For Unfair Discrimination

South African Police Services v Solidarity obo Barnard (JA24/2010)

South African Police Services v Solidarity obo Barnard (JA24/2010) [2012] ZALAC 31; [2013] 1 BLLR 1 (LAC); 2013 (3) BCLR 320 (LAC); (2013) 34 ILJ 590 (LAC) (2 November 2012)

Court

Labour Appeal Court

Case number

JA24/2010

Judges

Mlambo JP, Davis JA, Jappie JA

The Labour Appeal Court upheld an appeal by SAPS, holding that non-appointment of a white female candidate was justified under its employment equity plan.

• Employment Equity Act
• Affirmative Action
• Section 9 Constitution
• Unfair Discrimination
• Numerical Targets
• Service Delivery