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.
