SAPS welcomes Barnard ConCourt ruling

Johannesburg - The SA Police Service on Tuesday welcomed the ruling of the Constitutional Court which found the institution had not acted unfairly or discriminated anyone.

"This matter has been in the public domain for a long while. During that period, the SAPS was painted in a negative light," national commissioner General Riah Phiyega said in a statement.

"Following a very long and difficult legal process, we welcome the judgment."

The court on Tuesday set aside an order of the Supreme Court of Appeal that the SAPS discriminated against former police officer Renate Barnard by not promoting her.

Acting Chief Justice Dikgang Moseneke said in his majority judgment that the SAPS employment equity plan was not challenged. The court found the plan was lawfully and rationally implemented by the police commissioner in the matter concerning Barnard.

Barnard's affirmative action case goes back to 2005 when she applied for the post of lieutenant colonel, which was superintendent according to the old rankings, for the first time.

She twice applied unsuccessfully for promotion to superintendent within the police's national evaluation services, which deals with complaints by the public and public officials about 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.

The position was advertised for a third time, but was withdrawn when Barnard reapplied.

Trade union Solidarity's case against the SAPS, on behalf of Barnard, was referred to the Labour Court. In February 2010 the court ruled in the union's favour.

The court ruled Barnard be promoted retrospectively from 27 July 2006 to superintendent.

In May 2011, the SAPS was granted leave to appeal and in November 2012 the Labour Appeal Court held for the SAPS.

The SCA ruled in November last year in favour of Barnard and the union.

The SAPS then applied for leave to appeal in the Constitutional Court. The court heard the matter in March and judgment was reserved at the time.

Barnard resigned from the police in June. She told reporters on Tuesday she was currently working in the private sector, doing forensic investigations.

Phiyega said SAPS was pleased as the judgment brought the matter to a close.

Read more on: saps renate barnard
Sokhela Sakhile 2014/09/02 11:10:24 PM
wow honestly from where I stand in this matter this person was very persuasive in getting a promotion why did'nt they just giv it to her man aag!!! She must have been dedicated and desparate for a promotion at the sametime. I did not know that you can demand promotion till you can go outside this country!!! UN.
Unusual username 2014/09/02 11:19:00 PM
The same thing is happening all over the country and contributing to the over 30% vacancy rates in public service positions. Rather appoint no one than a white one. I applied for a post at an Eastern Cape municipality which I sat an entry exam and a panel interview for not once but twice. Each time different AA candidates were rolled in to score the job but failed the exam. I was put forward for the post by the panel being the only candidate who passed and was qualified but stonewalled by management. Why? Because I'm white. I'm not even from Sth Africa so you can't pin apartheid on me. That was 2 years ago. The post is still vacant despite the best efforts of the opposition party to force an appointment to ensure service delivery is met. But don't worry guys I moved to Cape Town and got a better job as do plenty of others. Enjoy the Stone Age you 62%.
Hendrik Johannes van Staden 2014/09/02 11:49:59 PM
Less said the better, this just is prove that our judges are run by the ANC and that only their comrades are promoted although they are incompetent and lacks skills. I apologise to those who do not fall in the category and are skilled and competent.
Kathrine Lawrence 2014/09/02 11:57:57 PM
Racism is alive in well in SA. Actually am convinced that racism is worse now than at any time during the 'Apartheid' era. Thank you ANC for absolutely nothing!
Alwyn du Preez 2014/09/03 12:39:39 AM
Anc = african national communism. This is where they move to with all government departments. If you do not have anc membership, your future are doomed. Nklandla, guptas etc is all communist activities.
Mickey J Wild 2014/09/03 01:06:15 AM
She is make more money now contracting her skills to the police, because all the skilled people have left. They shot them selves in the foot, and proved the system is going down hill. Now it's the blind leading the blind, using tax money to fix the mess.
Alfa Blanco 2014/09/03 02:34:31 AM
Effectively what they are saying is the only competent person to have applied for the position was white. Isn't that a bit racist, SAPS?
Chris Bester 2014/09/03 03:05:28 AM
Not surprising at all, the judges feeds from the ANC!!
Thato Morakganye 2014/09/03 04:09:06 AM
There is no point in whining and groaning about something you can't do anything about. The question is, what are you going to do?
Pieter Van Zyl972 2014/09/03 04:39:49 AM
Time to go. This was really a sign that even the courts will uphold racist ideas and policy. So much for the Rainbow Nation.