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Johannesburg - The Constitutional Court will hand down judgment on Tuesday in the application by the SA Police Service (SAPS) for leave to appeal against a ruling on affirmative action.
The SAPS wanted to appeal a Supreme Court of Appeal decision that it had discriminated against lieutenant colonel Renate Barnard on the basis of race.
Barnard had twice applied unsuccessfully for promotion to superintendent within the National Evaluation Services (NES), which deals with complaints by the public and public officials concerning the broad spectrum of police services.
Despite recommendations by an interview panel and her divisional commissioner, the national police commissioner did not appoint her to the position on the basis that racial representation at the level of superintendent would be negatively affected.
Martin Brassey SC, for trade union Solidarity, which represented Barnard, argued the decision not to promote Barnard was based on her race and not merit.
Hamilton Maenetje SC, for the SAPS, argued that the commissioner's decision not to appoint Barnard was rational and justified in terms of employment equity.
White officers were over-represented on level nine, where Barnard would have been appointed in the SAPS.
In March, acting chief justice at the time, Dikgang Moseneke, reserved judgment on the application.
Barnard resigned from the police in June.
