Laura Oneale is the EKP’s senior South African correspondent, covering stories in Afrikaans & English. This is Laura’s personal blog – her words, thoughts and passion for her beloved South Africa.
Incompetency and the Legal System
While I have no illusions as to how far we must go to enact real change, I remain hopeful that the dialogues our website generates will have a profound consequences on the future of South Africa.
The South African Constitutional Court (Case CCT 01/14) decided that police officer Renate Barnard, was not eligible for promotion within the ranks of the South African Police Service (SAPS).
Renate was not black!
For a long while, there have been rumors about judges in the South African legal system making the most extraordinary rulings, rulings that have no basis in the law-rulings based solely on colour, where the good of the nation’s sacrificed for the sake of racial politics.
Under Apartheid, racial laws, never hindered growth.
In the new South Africa the state and nation is sacrificed to advance the warped ideals of the few.
Therein lies the biggest difference between the two discriminatory policies.
Now Renate, will take her battle against the SA Police Service to the United Nations & International Labour Organisation, it has been reported by News 24.
“This comes after the Constitutional Court set aside an order of the Supreme Court of Appeal that the Saps discriminated against the former police officer by not promoting her.
This will be Barnard’s last attempt to show that South Africa’s employment equity laws are not in line with international conventions on racism, reported The Star.
However, Barnard may run into problems as the conventions do consider the history of racial discrimination in the workplace and that it must be addressed.
Barnard’s affirmative action case goes back to 2005 when she applied for the post of lieutenant colonel, which was superintendent according to the old rankings, for the first time, Sapa reports.
She twice applied unsuccessfully for promotion to superintendent within the police’s national evaluation services, which deals with complaints by the public and public officials about police services.
Despite recommendations by an interview panel and her divisional commissioner, the national police commissioner did not appoint her to the position on the basis that racial representation at the level of superintendent would be negatively affected.
The position was advertised for a third time, but was withdrawn when Barnard reapplied.
Trade union Solidarity’s case against the SAPS, on behalf of Barnard, was referred to the Labour Court. In February 2010 the court ruled in the union’s favour.
The court ruled Barnard be promoted retrospectively from 27 July 2006 to superintendent.
In May 2011, the SAPS was granted leave to appeal and in November 2012 the Labour Appeal Court held for the SAPS.
The SCA ruled in November last year in favour of Barnard and the union.
The SAPS then applied for leave to appeal in the Constitutional Court. The court heard the matter in March and judgment was reserved at the time.
Barnard resigned from the police in June. She told reporters on Tuesday she was currently working in the private sector, doing forensic investigations.” News 24