Captain M Munsamy applied for three superintendent posts in 2000.He was recommended for one of the posts, but was not appointed because “Indian males were over-represented and Africans under-represented” at the level of superintendent, acting Labour Court Judge Benita Whitcher said in her judgment. In respect of the other two posts, police management said he lacked experience for one, and the other required a female to be appointed for “representivity”.
Munsamy achieved the rank of major, which is equivalent to superintendent in the old ranking system, in May 2011. He then sued the police ministry for unfair discrimination, claiming the difference between the salary he was paid and the salary he would have been paid if he had been promoted 11 years earlier.
Judge Whitcher found in his favour and ordered the SA Police Services to pay the cost of the lawsuit.
Some more comment from our side: Watch this space. The state will in all probability appeal. The case will be dragged out over two or three years. It will cost a lot of money. Munsamy will eventually win and the people who will pay for all of this, will be the South African tax payer. And we all know only about 10% of South Africans pay over 90% of SA’s taxes.
