Saps denies racial discrimination
2009-11-16 14:38
Johannesburg - The South African Police Service (Saps) has denied it racially discriminated against one of its captains by not appointing her to a more senior position, the Labour Court in Johannesburg heard on Monday.
Lawyers representing trade union Solidarity on behalf of Captain Renate Barnard told the court she was overlooked for the superintendent position within the police's priority and ordinary complaints unit because she was white.
The unit was tasked with dealing with public complaints and investigating cases the public said police were not giving attention to.
Saps lawyer advocate William Mokhare said appointing Barnard to the post would be have gone against its mission of addressing employment equity.
"Had she been appointed it would have aggravated representivity, leading to over-representation of whites at post level 9."
Twice denied post
A police captain with 20 years experience, Barnard argued earlier through her lawyer, advocate Johan Grovan, that she was twice denied the post because she was white.
She applied for the position in 2005 and again in 2006. On both occasions the national police commissioner decided not to appoint anyone, although Barnard had been rated the highest of all applicants by the interview panel.
"The applicant [Barnard] was subjected to differentiating treatment by the respondent [Saps] on the basis of her colour, namely white.
"Had the applicant not been, she would not have been subjected to differentiation and the fact that she is white is the dominant cause for the pertinent differentiating treatment she received from the respondent," argued Grovan.
He said the Saps had acted unfairly towards Barnard and, by not appointing Barnard to the senior position within the unit, impacted on service delivery.
Grovan said Barnard was better skilled than all the other candidates who had applied for the post.
Mokhare disputed this, saying two other candidates who were interviewed along with Barnard had been skilled and possessed equal qualifications as Barnard.
Service delivery
The two other candidates recommended by the interview panel would have "met representivity" had the national commissioner decided to appoint one of them.
"Her non-appointment did not affect service delivery because she would have continued to fulfil the same tasks. She would have still attended to complaints from the public.
"It is not correct that the applicant is better skilled," Mokhare argued.
Before Judge Paul Pretorius adjourned for lunch, Mokhare called senior superintendent Johannes Thetolo Ramothoka to testify on behalf of Saps and explain the Saps employment equity policies.
The case continues.
- SAPA