Solidarity and SAPS to come head-to-head in Labour Appeal Court
Higher court could provide greater clarity on affirmative action, says Solidarity
The trade union Solidarity has welcomed the decision by the Labour Court today to approve the South African Police Service's (SAPS) application for leave to appeal in the Captain Renate Barnard case. Solidarity and the SAPS will therefore come head-to-head over the application of affirmative action in the Labour Appeal Court. Solidarity says, however, that the ruling is disappointing for Barnard, as she will now have to wait longer to receive justice.
"It is of critical importance that a higher court provides greater legal clarity on the application of affirmative action and this is exactly what the result will be of the SAPS's appeal process. Solidarity welcomes this opportunity, because the ruling of a higher court will bring greater legal certainty in the case," explains Dr Dirk Hermann, Deputy General Secretary of Solidarity. "A constitutional ruling should ideally be given in this regard."
Hermann emphasises that there is an element of disappointment in today's ruling. "We regret that the process will be drawn out further, as Captain Barnard has been waging a struggle against the unfair application of affirmative action in the SAPS for the past five years. It is unfortunate that it will take longer before justice can be served for Barnard," says Hermann.
Hermann maintains that although it will take time for the process to be concluded, it is important to focus on the ultimate benefits of the process for all South Africans who suffer as a result of the unfair application of affirmative action. "The legal precedent that could be set at the Labour Appeal Court will eventually ensure that companies and government institutions that use representivity as the main criterion in applying affirmative action are called to account," explains Hermann.
Solidarity achieved victory in a landmark case regarding the application of affirmative action in February this year, after the Labour Court ruled that the SAPS had treated Barnard unfairly.
Statement issued by Dr Dirk Hermann, Deputy General Secretary: Solidarity, May 6 2010
Click here to sign up to receive our free daily headline email newsletter
