SA Police to defend anti-white policy in Constitutional Court
January 14, 2014
Renate Barnard… too white for promotion
The South African Police
Service (SAPS) now wants to refer the Renate Barnard affirmative action case to
the Constitutional Court. Yesterday, court papers were served on Solidarity
which is representing Barnard. Solidarity will oppose the SAPS’s application
for leave to appeal.
‘Solidarity is shocked by
the SAPS’s decision to defend its unlawful race practices all the way to the
Constitutional Court,’ Dirk Hermann, Solidarity’s Executive Officer said in a
statement. According to Hermann, the Supreme Court of Appeal in Bloemfontein
passed an excellent judgment that balances the rights of all. ‘We get the
impression that the SAPS believes that affirmative action annuls the
constitutional rights to equality and dignity of white employees like Barnard.
Should that be the case, then affirmative action would have a higher authority
than the Constitution itself. This would imply that South Africa is an
affirmative action state and not a constitutional state. We are of the opinion
that an appeal to the Constitutional Court is inappropriate. The SAPS should
abide by the Supreme Court of Appeal’s judgment.’
Hermann says the greatest
injustice brought about by this is the time it is taking to get justice for
Barnard. ‘She has been fighting for justice for the past 8 years, and a
constitutional court application will simply delay this process even more. She
exudes passion to serve the South African public, and surely something is
patently wrong if the colour of her skin is the only stumbling block preventing
her to live out her calling.’
Hermann added that although
Solidarity believes that, for Barnard’s sake, it is inappropriate to refer this
matter to the Constitutional Court, it will be advantageous for South Africa to
obtain legal certainty about these burning issues in the highest court.
In November, the Supreme
Court of Appeal in Bloemfontein ruled in favour of Solidarity and Barnard. The
SAPS was ordered to pay the costs associated with the litigation in the Labour,
Labour Appeal Courts as well as in the Supreme Court of Appeal, as well as
Barnard’s backdated remuneration.
Barnard’s affirmative
action struggle began as far back as 2005. Twice, she had applied for the same
position. In both instances she was found to be the best candidate and the
interviewing panel recommended her appointment. The position was, however, left
vacant. The position was advertised a third time, but was scrapped after she
had again applied for it.
