The Police and Prisons Civil Rights Union (POPCRU) is taken aback by Solidarity’s continued attempts to block transformation by way of interdicting the South African Police Service (SAPS) from appointing and/or promoting any individual in terms of the Post Promotions 2015/2016 – 2016/2017 financial years.
Key to this reality is that the Labour Relations Act, 66 of 1995 states the injunction that “to promote the achievement of equality.. [by] advancing …categories of persons disadvantaged by unfair discrimination”, which forms the context under which the SAPS’s employment equity plan for the period 1 January 2015 until 31 December 2019 was developed.
We are satisfied that in line with Section 16 (1) of the Employment Equity Act, which prescribes on who must be consulted by the employer, also defines a representative trade union as “a registered trade union, or two or more registered trade unions acting jointly, that are sufficiently representative of the employees employed by an employer in a workplace”, Solidarity does not meet the entailed requirements.
It therefore follows that Solidarity does not have sufficient membership to justify recognition at the workplace and participation at the bargaining council as it does not meet the standards of being a “representative trade union”. It is not recognised by the Safety and Security Sectoral Bargaining Council (SSSBC).
They, both with the Acting National Commissioner, claimed to have reached a settlement in January this year, and both claimed the details thereof were confidential, with the Acting National Commissioner further indicating the promotions are going ahead, yet at the slightest implementation of the of the 2nd phase, they run to the courts, exposing their dishonesty.
Their application is not urgent, it is premature and falls to be dismissed with costs. We are of the firm view that the Employment Equity Plan is valid, enforceable and binding on Solidarity until it has been successfully challenged in another court of law.
We will not tolerate Solidarity, due to its lack of sufficient membership, in trying to influence the content of the current Employment Equity Plan by running to the courts for its narrow purposes of attempting to subvert the entire collective bargaining process and the majoritarian principle that underpins it.
Issued by POPCRU on 29/03/2016