White cop 'not against AA'

2009-11-19 23:36

Johannesburg - She's not on a crusade or trying to attack affirmative action - she's merely asking for compensation for a post which, strictly speaking, should have been hers.

This was the argument delivered on Thursday in the Johannesburg Labour Court by Captain Renate Barnard's legal team. Barnard is arguing that she should have been promoted to the level of superintendent, after allegedly being overlooked due to her skin colour.

Barnard, with the support of Solidarity, claims that even though she wasn't awarded the post, it was left vacant because no other suitable candidate could be found.

The police's defence on Monday was that promoting Barnard would have made their affirmative action targets even more difficult to meet.

Johannes Ramathoka, head of the Saps's employment equity unit in Pretoria, then testified that her appointment would have hampered their goal of reaching employment equity targets for post level nine, the level of superintendents.


On Thursday John Grogan, Barnard's legal representative, told Judge Paul Pretorius that they're not asking for Barnard to be appointed to another position, nor are they asking that she be promoted to superintendent.

"She's simply asking for the compensation which she would have received had she been appointed to the position for which she had applied."

Grogan suspects that Barnard didn't get the position simply because that would have "messed " with the police's affirmative action figures.

"But affirmative action is not the only aspect which should be kept in mind when filling a position, especially if no other candidate is then appointed to that position."

He said Barnard has no problem with affirmative action.

"But then it must be executed in the right way. Nobody benefited from the fact that she wasn't appointed. The position remained vacant and no-one else was suitable for the position."

Prevent imbalance

William Mokhare, the Saps's legal representative, said the fact that Barnard was not appointed was not intended to target her as an individual or to penalise her.

"It was to prevent an imbalance, since there had already been too many white women appointed on her post level.

"One can't look at this matter in a vacuum, but should see it as part of the bigger picture of affirmative action."

Mokhare said furthermore that the other (black and coloured) candidates who were recommended for the post along with Barnard, were not appointed either.

"Therefore this is no longer a matter of unfair discrimination, but rather one of Barnard's dissatisfaction with the fact that a position was not filled."

Pretorius reserved judgement.

'More concerned about AA than delivery'

Dirk Hermann, deputy chief executive of Solidarity, said on Thursday they were especially concerned about the police's legal team's "racial tirades" during the court case.

According to Hermann, Solidarity will be documenting the court proceedings and will send this documentation to Police Minister Nathi Mthethwa.

"We want to know from him whether the government also has such harsh, rigid opinions regarding affirmative action. His reaction will then determine our future actions."

According to Hermann, Barnard has a "strong legal case", but they also want to explore the political aspects of affirmative action.

"Mokhare acted on behalf of the Saps, in other words his opinions represent those of the Saps.

"And it's troublesome that the police are apparently more concerned about race and affirmative action than they are about service delivery."

Read more on:    saps  |  racism  |  saps equity case

Read News24’s Comments Policy


Inside News24


Zille: Only DA can challenge ANC in F State

The DA is the only party that can challenge the ANC in the Free State, opposition party leader Helen Zille says.


Latest elections multimedia

Why Jack Parow wants you to vote on 7 May
The ad the SABC doesn't want to air
Elections 2014 in one cartoon
This year's election posters
  • Monday Muizenberg - 15:04 PM
    Road name: Main Road Southbound
    HEAVY DELAYS between Muizenberg and Fish Hoek
  • Monday Sir Lowry's Pass - 13:45 PM
    Road name: N2 Westbound
    HEAVY TRAFFIC over Sir Lowrys Pass - expect delays
More traffic reports...

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now!

Kalahari.com - shop online today

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on kalahari.com. While stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as kalahari.com’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! Offer valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Nokia Lumia 800

The stunningly social Nokia Lumia 800 features head-turning design, ...

From R2395.00

I'm shopping for:


There may be a break through, either through quiet contemplative time to connect to your deep side or forced on you by...read more

There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.