The South African Police Service (SAPS) has been ordered to pay R543 672 in compensation to a police captain who was overlooked for a Hawks promotion despite achieving the highest score in the interview process. This was announced by trade union Solidarity.

The Commission for Conciliation, Mediation, and Arbitration (CCMA) found that the SAPS had committed an unfair labour practice in its treatment of Solidarity member Captain Natasha Steyn.

Steyn had in 2022 applied for the position of lieutenant-colonel in the Directorate for Priority Crime Investigations, colloquially known as the Hawks. She received a score of 83% in the interview process, the highest among the candidates, and was unanimously recommended for appointment by the Hawks’ provincial panel.

The recommendation was subsequently overturned by a national moderation committee, which appointed another candidate, who had scored 71%.

According to Solidarity, the SAPS cited national employment equity considerations as the reason for the decision. That is, “racial quotas”.

The CCMA ruling noted that section 15(3) of the Employment Equity Act prohibits the use of rigid quotas. It also found that an employment equity plan could not be used as an absolute barrier to the promotion of a person from a non-designated group.

The ruling follows another recent decision at the CCMA, in which another SAPS officer – Captain Christiaan du Plessis – was denied shortlisting in a process to appoint a new station commander, while other, weaker candidates had been shortlisted. The CCMA ordered compensation to be paid to Du Plessis.

Solidarity said in relation to the Du Plessis case that it pointed to incompetence and a lack of accountability, which constituted “an epidemic within the SAPS that can no longer be ignored”.

Both of these cases follow a 2023 settlement between the government and Solidarity concerning the application of employment equity in the workplace. It affirmed that the process would continue, but stipulated that this would not be through rigid racial quotas or absolute barriers.

Theunis van Staden, Solidarity's coordinator for the SAPS and the public sector, said the case was particularly concerning given staffing shortages in the Hawks.

“The Hawks as the unit that must investigate organised and serious commercial crime and corruption is currently facing a staggering 2 515 policing vacancies. Approximately 1 500 of these are investigative posts where experienced investigators, such as Capt. Natasha Steyn, are needed,” he said.

Van Staden said Steyn had been the strongest candidate in the selection process but was nevertheless not appointed.

“This is what happens when racial quotas become more important than merit,” he said.

The union said the pattern of rulings strongly suggested that the problems could not be regarded as isolated administrative errors. It called for personal accountability for panel members, moderation committees, and other officials whose promotion decisions were found to be unfair or irrational.

“When a panel or decision-maker disregards the rules, the police member loses years of career progression, and the taxpayer pays the damages,” Van Staden said.

He said Solidarity would continue challenging what it regarded as unlawful promotion practices and called on SAPS to take action against officials responsible for decisions found to be improper.