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Trade union Solidarity today announced that it would take the South African Police Service (SAPS) to court as the Police is acting contrary to the provisions contained in section 60 of the Employment Equity Act. This comes after Major General Malebe-Thema made racist and discriminating comments towards training staff at the SAPS’s Training Academy in Oudtshoorn late last year without any consequences.

According to Anton van der Bijl, head of Solidarity’s Centre for Fair Labour Practices, the constitutional rights to dignity and equality of the affected staff members have been seriously impaired by this conduct. “Not only did Malebe-Thema humiliate the staff members in the presence of recruits at the Academy by disparaging them on the stage, but she also acted in a discriminating manner towards the said staff members because of their race,” Van der Bijl said.

“After the affected members of staff followed internal grievance procedures and Solidarity filed a complaint with the Human Rights Commission following her behaviour, the SAPS has not taken action against Major-General Malebe-Thema by the deadline of 20 January,” Van der Bijl said. “Under section 60 of the Employment Equity Act Solidarity can now tackle the SAPS in the Labour Court for its failure to take steps against Malebe-Thema,” Van der Bijl explained.

According to Van der Bijl, the trade union will take this course as the SAPS did not act decisively against Malebe-Thema. “Solidarity is demanding that this incident be probed impartially and that the necessary disciplinary action be taken against Malebe-Thema,” Van der Bijl said.

For a previous press statement about this incident, click here= (https://solidariteit.co.za/en/charge-laid-human-rights-commission-hrc-racist-general-solidarity/).

Section 60 is attached for ease of reference

Issued by Solidarity