Zille taken to CCMA over appointment

WESTERN Cape premier Helen Zille has been dragged into an affirmative action and political row involving a coloured woman who says she was overlooked for a senior position in the provincial government on suspicion that she is an ANC supporter.

The post was given to a white man.

Colleen Ann Constable is challenging a decision by the Western Cape Department of Community Safety not to appoint her to the position of chief director: safety secretariat.

She has cited community safety MEC Dan Plato as the first respondent and Zille as the second. The third respondent is the man who was appointed to the position.

Zille and the department of community safety said they would defend themselves at the hearing.

Constable, who holds an MBA in public administration from Harvard and is a former policeman with more than 20 years' experience, applied for the position, which was advertised in June last year.

In an affidavit filed with the CCMA, Constable said the interview panel consisted of former community safety MEC Lennit Max and Zille's political adviser, Ryan Coetzee.

She said Max contacted her the same day telling of an SMS he had received and asking why she had left her former job as deputy chief of the city's metro police. Constable said she left the job to pursue her MBA.

In August, she received another call from Max, who asked more questions regarding her previous job, saying he needed to take the information to the provincial cabinet for a recommendation.

A month later she inquired about the lack of communication from the department and was informed that the position would not be filled and that the "focus areas of the post" would be changed.

But, Constable said, she was startled to learn that the post had been filled.

According to her former attorney, a decision had been taken at a meeting of the provincial cabinet - at which Zille is said to have been present - that an internal candidate, who was a director in another department, would be "promoted" to the post.

Constable said her former attorney told her the SMS that circulated among the interview panel said she was "perceived to have ANC orientations" and that she was "problematic".

Constable said she was surprised that none of the claims were put to her during the interview process. She wants the CCMA to intervene, arguing that she has been discriminated against on the basis of her perceived political orientation.

"I am of the opinion that the main reason why I was not appointed was because of my perceived ANC orientation, which constitutes discrimination on the grounds of conscience, belief and political opinion."

She also argues that appointing a white male to the post without taking him through the same rigorous selection process meant he received preferential treatment.

"Additionally, the appointment of a white male above that of a coloured female does not comply with the affirmative action programme and policies that the provincial administration should have in place, and therefore my non-appointment constitutes unfair discrimination on the grounds of gender and sex."

Constable this week referred the Sunday Times to her attorney, who confirmed that the matter would be heard at the end of the month.

Zille's spokeswoman, Trace Venter, said the premier's office would defend itself at the CCMA. She refused to comment further.

Max confirmed that he was part of the panel, but would not comment on Constable's claims as they now formed part of the CCMA hearing.