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Concourt to rule on SAPS affirmative action application

───   05:34 Tue, 02 Sep 2014

Concourt to rule on SAPS affirmative action application | News Article

Cape Town - A nine year lawsuit will come to an end on Tuesday when the Constitutional Court hands down judgment in the application by the SA Police Service 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 Lt-Col Renate Barnard on the basis of race.

The case goes back to 2005 when Barnard applied for the post of Lt-Col, which was superintendent according to old rankings, for the first time.

She 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.

The position was advertised for a third time, but was withdrawn when Barnard reapplied for it.

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

The court ruled that Barnard be promoted retrospectively from July 27, 2006 to the position of superintendent (Lt-Col according to the present ranks).

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

The Supreme Court of Appeal ruled in November last year in favour of Barnard and the union.

The SAPS then applied for leave to appeal in the Constitutional Court.
 
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