Court orders army to promote retired colonel
High Court in Pretoria rules that the SA National Defence Force acted unfairly in passing over a now retired colonel for a promotion.
The High Court in Pretoria has ruled that the SA National Defence Force acted unfairly in passing over a now retired colonel for a promotion, Beeld reported on Tuesday.
Judge Sulet Potterill ruled that Lt-Col Michael Joseph Carter, 59, should receive a salary and job promotion backdated to October 1, 2006.
Potterill said the SANDF should promote Carter to the rank of full colonel, and compensate him for the normal, additional perks he would have received in that position.
Carter went to court to force his employers to promote him retroactively, stating that he was the best qualified person for the position of senior staff officer for hospitality services.
Even his senior officers admitted as much in papers submitted to the court, but said that "inferior" officers had been appointed, in line with affirmative action.
A woman who was eventually appointed to the post had only a matric certificate and the rank of captain when she got the job.
Carter had been the acting staff officer for a lengthy period of time.
Potterill rejected an application for leave to appeal, and said there was no prospect of another court coming to a different decision about the merits of the case.