Barnard’s affirmative action battle began in 2005. She applied for the same position twice. Each time, she was the best candidate and the panel of interviewers recommended her appointment. The post was left vacant, however. The position was advertised for a third time, but it was scrapped after she had applied for it again. She argued she was not awarded the post because of affirmative action.
Now Dirk Groenewald, head of the Centre for Fair Labour Practices, says there is no basis in the police’s application that would result in the Constitutional Court reaching a different finding than the ruling by the Court of Appeal. ‘The SAPS application is a cynical move to deprive Barnard of the justice she is entitled to after her eight-year court battle. We trust that the Constitutional Court would confirm the Court of Appeal’s ruling that equality could not be achieved by mechanically applying formulas and numerical targets. The SAPS’s affirmative action plan and its implementation is racist and sexist.’
Groenewald says the National Commissioner denied Barnard’s promotion solely because it would have distorted the racial quotas on her post level. ‘The Court of Appeal said in its ruling that Barnard would have been promoted if it had not been for the National Commissioner’s wrongful conduct. The SAPS is trying to fight the Court of Appeal’s ruling on the grounds of baseless points of law.’
We say this is more affirmative tears in a country tha cannot afford this firm of racial shenanigans.