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Court to hear AA test case

Apr 02 2009 11:15 Jan de Lange

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Johannesburg - The most important test case yet for affirmative action will soon start in the labour court.

According to court documents, the government's emphasis on racially representative employees has resulted in the South African Police Services (Saps) opting to leave positions for senior forensic scientists vacant rather than appointing white scientists.

The case has been dragging on since November 2004 when the applications for promotion of four scientists - Majors Lionel de de Jager, Corlett van Ham, Hannes Geustyn and H Ueckermann - were turned down because they were white.

Preparations for the complicated case have now been completed and they are only waiting for a court date. The trial will last about five days.

Two of the scientists, Ueckermann and Van Ham, are women, and according to the Employment Equity Act, also entitled to preferential treatment.

Van Ham was also declared partially disabled due to asthma, which made her even more entitled to preferential treatment.

Ueckermann, a forensic analyst with ten years' experience and an MSc degree, recently emigrated and withdrew from the case.

De Jager had an MSc degree and twelve years' experience in physical and chemical analysis. Van Ham has a BSc Honours degree with seven years' experience as an analyst in forensic laboratories. Geustyn has a BTech degree.

Four senior positions for forensic analysts were advertised in September 2004 for the Saps' forensic laboratories, claim court documents.

All four applied. The only other applicants were an inspector Mowela and an inspector Mabala.

On November 9 2004, all four white applicants were informed that their applications were not successful as no white candidates were considered. Mowela and Mabala were promoted, but to positions for which they had not applied.

The skills level required for the positions is so rare that it would probably never be possible to fill them following demographic representation, said Solidarity deputy general secretary Dirk Hermann on Wednesday. He is involved in the case.

- Beeld

 
 
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