SA's biggest affirmative action case in the Constitutional Court

In the most significant court case ever on affirmative action in South Africa Solidarity will tackle the South African Police Service (SAPS) in the Constitutional Court on 20 March 2014. The court case is the culmination of Lt-Col Renate Barnard's eight year long battle against the SAPS for its refusal to promote her because she is white. Should judgment go against Solidarity it would mean that South African justice would be exhausted - thus opening the door to international lawsuits.

The case in the Constitutional Court results from the SAPS's request for leave to appeal against the judgment of the Supreme Court of Appeal in Bloemfontein in favour of Barnard and Solidarity. Solidarity is opposing the application.

Dirk Hermann, Solidarity's Executive Officer, says what makes this case all the more unusual is that the SAPS's leave to appeal, as well as the merit of the case, will be heard on the same day, 20 March. ‘This day will be decisive for affirmative action and the ideology of absolute race representation in South Africa, whatever the court's judgment would be. The SAPS's application offers no grounds on which the Constitutional Court could reach a conclusion different to that of the Supreme Court of Appeal. The SAPS's application is a cynical move to further deprive Barnard of the justice that is her due after an eight year long battle in the courts.'

Hermann points out that several other court cases on affirmative action in South Africa hinge on the Barnard case, including the much talked-of court case involving Solidarity and ten employees of the Department of Correctional Services against the department.

Barnard's affirmative action battle had started back in 2005. Twice she had applied for the same position. Each time she was found to be the best candidate, with the interviewing panel recommending her appointment. However, the post was not filled. The post was advertised for a third time but was scrapped when she again applied for it. The SAPS argues that Barnard could not be promoted or appointed because it would undermine the police's efforts to ensure that its staff reflects the national demography at every job level.

Statement issued by Dirk Hermann, Executive Officer: Solidarity, February 20 2014

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