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Race quota case going all the way

The South African Police Service's (SAPS's) affirmative action plan is unlawful because it implements racial quotas that are prohibited by the Employment Equity Act. This is the lead argument raised by trade union Solidarity in opposing papers filed against the SA Government in in the Constitutional Court.<br />Solidarity is fighting the SAPS's leave to appeal against the Court of Appeal in Bloemfontein's ruling in favour of Lieutenant Colonel Renate Barnard and Solidarity. In November the SAPS were ordered to pay the costs associated with litigation in the Labour Court, the Labour Appeal Court and the Highest Court of Appeal, as well as compensation to Barnard.

by Grant Foster
2014-01-31 06:54
in News
Race quota case going all the way

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.

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