SAPS management welcomes Concourt decision

02 September 2014

Pretoria - Today, the Constitutional Court upheld South African Police Service's appeal, found in favour of the SAPS, and found that there was no unfair discrimination based on race as no person was appointed in the post in the matter involving Ms RM Barnard.

"This matter has been in the public domain for a long while. During that period, the SAPS was painted in a negative light. Following a very long and difficult legal process, we welcome the judgement. We are very pleased as the judgement now brings this matter to a close, gives clarity for everyone including the entire public service on how matters of this nature must be dealt with in the future," said National Commissioner of the SAPS General Riah Phiyega.

Ms Barnard applied for a promotion post at National Inspectorate in 2005 and was scored the highest during interviews. She was recommended by the panel to be appointed but the Divisional Commissioner: National Inspectorate recommended that the post not be filled due to the fact that the recommended candidates will aggravate the representivity status of the underrepresented and not enhance service delivery.

The post was withdrawn and re-advertised during 2006. Barnard again applied and was again scored as the highest candidate. The recommendation of the panel was also recommended by the Divisional Commissioner: National Inspectorate, but it was not approved by the then National Commissioner on the following grounds, namely:

1. The appointment will not address representivity;

2. The post is not critical and

3. By not filling the post it will not affect service delivery.

Statement issued by Lieutenant General SM Makgale, Head: Corporate Communication, National Commissioner's Office, September 3 2014

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