Solidarity will intensify Renate Barnard's fight against racial ideology 

2 September 2014

The Solidarity trade union announced that it will now continue Renate Barnard's fight for justice in new ways. This comes after the Constitutional Court today ruled against Renate Barnard.

For nine years, Barnard was involved in a legal battle with the South African Police Service (SAPS) after having been overlooked for appointment twice because of the colour of her skin. To Solidarity, the Renate Barnard case is not the end of the legal battle over affirmative action; it is the beginning.

"Something that wrong cannot be right. Renate Barnard only had one dream and that was to serve the South African public through the SAPS. The only thing that stood between her and her dream was the colour of her skin. Barnard and the public are the losers in this case," Solidarity Chief Executive Dirk Hermann said.

"We are deeply disappointed by the Constitutional Court's judgment. It is clear that the fight for justice will take longer than nine years and we will continue with it on different levels. Firstly, we will confront the Constitutional Court with more court cases. In the Barnard case, we merely attacked the application of the SAPS's affirmative action plan; not the plan itself. The next case of Solidarity which is likely to be heading to the Constitutional Court, is the case on behalf of ten employees of the Department of Correctional Services (DCS). In this case, we attack the injustices of the affirmative action plan itself. This case has already been referred to the Labour Appeal Court.

"Secondly, we will now take the battle to international forums. The ruling by the Constitutional Court means that the internal remedies in the South African legal system have been exhausted. Our legal team has been instructed to investigate legal proceedings in terms of the United Nations' Declaration on the Elimination of All Forms of Racial Discrimination, as well as Convention 111 of the International Labour Organisation, of which South Africa is a signatory.

"Thirdly, we will fight a more aggressive battle of ideas against the ideology of absolute racial representivity in South Africa. History will show that the judgment by the Constitutional Court was wrong and we will prove this with our battle of ideas.

"We tip our hats to Renate Barnard, though. She has become the symbol of someone who stands up for what is right. Her fight against the way in which she was treated by the SAPS has become an inspiration to many. The Constitutional Court ruled against Renate Barnard but Solidarity will continue her battle for justice," Hermann said.

Statement issued by Dirk Hermann, Chief Executive of Solidarity, September 2 2014

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