The matter lodged by Solidarity related to the recruitment policy for the CPDP.  Solidarity alleged that the CPDP recruitment process unfairly discriminated on the basis of race and gender, because it excluded all white male candidates.  

The matter was investigated by the Commission, which in its finding on the matter recommended that SAA formulate a clear set of admissions criteria, clear timelines for the CPDP, and that the guidelines be widely publicised and communicated.

Solidarity appealed the SAHRC finding in May 2016.

In its finding on the Solidarity appeal the SAHRC recognized that the CPDP was developed in light of a legitimate purpose to promote transformation in the aviation industry.  The Commission further indicated that SAA (the CPDP) has to strike a delicate balance between pursuing transformation and preventing undue harm being endured by non-designated groups.  

In May 2017, the Commission was provided with a substantial amount of new information by some of the parties involved in the matter, including SAA and Solidarity.  Given the importance of the issues under consideration, the Commission determined that it is within the public interest to further consider the merits of the case.

It is on this basis that Solidarity’s appeal was upheld to enable the Commission to further consider the legalities of the measures in question. Solidarity’s appeal in this matter was upheld on procedural grounds and not on substantive grounds.

The Commission has thus not made a decision on the matter.  And media reports stating that:
“SAA discriminated against white men, SAHRC finds” are incorrect.  

The Commission wishes to further state that a media statement released by Solidarity on 19 September 2017, titled “Solidarity wins appeal to the HRC about SAA cadet programme”, is misleading. As is the quote contained in the Solidarity statement and attributed to Solidarity’s Chief Executive, Dr Dirk Hermann, to the effect that: “The SAA has been found guilty of unfair racial discrimination and, judged against the Constitution and basic requirements for fair human rights, it did not pass the test.”

The SAHRC has not made a finding against SAA for unfair discrimination.  The matter remains before the Commission for further consideration.

Ends

Issued by the South African Human Rights Commission

Gail Smith, SAHRC Spokesperson – This email address is being protected from spambots. You need JavaScript enabled to view it., Tel: 060 988 3792