Lagrange J in Solidarity v Minister of Safety and Security (J879/12) [2016] ZALCJHB 15 (26 January 2016) at para [62]
“In this instance, unlike in the Correctional Services matter there is no provision in the SAPS plan setting out the circumstances in which a deviation from the plan would be acceptable. Any member of SAPS management dealing with appointments or promotions would find no guidance in the plan as to when, or on what basis, it would be acceptable to make recommendations or decisions on employment or promotion that did not advance the numerical representation goals of the plan, and which also would not negatively affect their own performance assessment or possibly result in disciplinary action being taken against them. The National Commissioner claims in her answering affidavit that the plan does not make race or gender decisive considerations in appointments and promotions, but “… simply introduces them among the many factors to be taken into account when making employment decisions.” However, none of the provisions of the plan indicate when any of those other factors might legitimately permit an appointment or promotion to be made which does not advance the pursuit of the numerical goals. On the wording of the plan itself, it does not cater for exceptions”.