This judgment against race quotas this week came after about movement Solidarity took on the Tshwane Municipality over unfair discrimination. In terms of the judgment the municipality has to promote and remunerate Mr Jan Pretorius, a water audit officer, retrospectively.\r\nAmong other things, Judge Faan Coetzee found that the municipality was inflexible when it had repeatedly overlooked Pretorius for promotion. The court furthermore found the municipality\u2019s appointment policy, in terms of which Mr Pretorius was discriminated against purely based on race and gender, amounts to a quota system which is inconsistent with the Employment Equity Act.\r\nSolidarity Chief Executive Dr Dirk Hermann says that in its judgment the court pointed out that the municipality\u2019s appointment policy was based purely on numbers without any measurable targets. \u201cTherefore, it amounts to the subjective exclusion of individuals from the non-designated group. The judgment makes it clear that government departments that do not have employment equity plans cannot hide behind policy documents that do not have proper employment equity and measurable targets,\u201d Hermann said.\r\nHermann believes this week\u2019s judgment is unique as it is the first time that a court has found that a white male was unfairly discriminated against as a result of a quota system. \u201cThe court found that it was unlawful to fill posts purely on the basis of the national race demography or even to leave posts vacant at the expense of suitably qualified white males. The court also found that the municipality had no legal grounds to exclude a suitably qualified candidate from the interviewing process. In addition, they did not take into account that the position required a scarce skill,\u201d Hermann said.\r\nHermann added that from now on all employers would be compelled to follow a more nuanced approach to affirmative action. \u201cOnce again, the judgment confirmed that numerical targets in employment equity plans or policies must take a variety of factors into account. This judgment thus sets the necessary legal grounds for future lawsuits on cases of unfair discrimination against individuals from the non-designated group as a result of quotas,\u201d Hermann added.\r\nIn terms of this week\u2019s court order Pretorius has to be officially appointed to the post of foreman of trades as of 1 May, a post that has been left vacant. In addition, the municipality also has to backdate Pretorius\u2019s remuneration. Retrospective compensation will be the difference between his current salary and that of Foreman: Artisans calculated over the period 8 October 2013 to 30 April 2016.\r\nBackground to the case:\r\nDue to the colour of his skin Pretorius, who has been working for the Department of Water and Sanitation since 1999, was overlooked for promotion when he applied for the position of foreman: trades in August 2012 and again in July 2013 notwithstanding the fact that a panel had selected him as the most suitable candidate for the position. Moreover, the municipality did not have an approved employment equity plan at the time.\r\nThe post Pretorius had initially applied for in 2012 was again advertised in July 2013. For a second time Pretorius applied for it but this time he was not invited to an interview nor was he shortlisted. After Pretorius had lodged a grievance with the municipality in this regard he was informed in October 2014 that no white person could be considered for the position.\r\nIn May 2013 the Tshwane Municipality adopted an employment equity plan backdated for the period 1 July 2012 to 30 June 2017. Pretorius was not appointed to the position he had applied for apparently based on this plan. The plan contains a resolution which stipulates that no white person may be appointed to the said position.