Solidarity wins affirmative action case

The Labour Court in Johannesburg today ruled in favour of the trade union Solidarity in a watershed case regarding the implementation of affirmative action. In October last year Solidarity argued the case in the Labour Court on behalf of Captain Renate Barnard against the South African Police Service (SAPS) over their implementation of affirmative action.

According to Dr. Dirk Hermann, deputy general secretary of Solidarity, the ruling means that the SAPS had gone too far in its implementation of affirmative action and that they were guilty of unfair racial discrimination in the name of affirmative action. "The implication of today's ruling is that companies and state institutions that use representivity as the most important criterion in the implementation of affirmative action are acting illegally. We will fight each possible instance where this is the case."

Solidarity has nine other similar cases, eight of which are against the SAPS, which will possibly heard in court later this year. "We are positive that today's ruling will prevent employers, including the state, from completely denying white South Africans any opportunity for promotion," Hermann said.

Statement issued by Dirk Hermann, Solidarity deputy general secretary, February 26 2010

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