Judgment reserved in police AA case

2011-05-04 21:18

Johannesburg - The Johannesburg Labour Appeal Court on Wednesday reserved judgement on an attempt by the SAPS to contest an earlier ruling promoting a white woman police officer to superintendent.

Trade union Solidarity, which is representing Captain Renate Barnard, said it was expected to take between three months and a year for a ruling to be made.

The union's Dirk Hermann said arguments in court on Wednesday centred on how to apply affirmative action in line with the Constitution. He said the matter might end up in the Constitutional Court.

On February 26 last year the Labour Court ordered the police to promote Barnard to superintendent after she was denied the move because of her skin colour.

"She applied for a promotion as superintendent of the complaints investigation unit for the first time in 2005. She has been working as a captain in the same unit since 2004," Hermann said.

A selection panel twice identified Barnard as the best candidate for the post in the inspectorate, created to improve service delivery to the public. The job was advertised in September 2005. Barnard and other candidates applied for it.

After interviews were held, the panel allocated a mark of 86.67% to her, which was 17.5% higher than the next-highest score allocated to a Captain Shibambu.

The panel found the difference in Barnard and Shibambu's scores so great that service delivery would be jeopardised if Shibambu was appointed in the post.

Although the panel recommended Barnard for appointment, Assistant Commissioner Rasegatla resolved not to appoint her because doing so would not be in line with affirmative action policies. The position was not filled.

When the position was again advertised in 2006, Barnard reapplied and was once again the most suitable candidate.

This time Rasegatla decided she should be appointed. In his recommendation to former police commissioner Jackie Selebi, he pointed out that other candidates had had a year to improve to compete with her, but had not done so.

Selebi turned down her appointment on the grounds that it would not promote affirmative action.

He subsequently withdrew the post.

  • - 2011-05-04 21:28

    Well who needs service delivery anyway. Appoint the lesser qualified person. Judging by all the protests it won't be the first time affirmative action has beaten service delivery. Tjops

      paulf - 2011-05-05 05:49

      The ANC uses Affirmative Action (reverse racism) to maintain control of all government departments and institutions. It is a legal way to install ANC cadres in jobs that are well paid as a reward for supporting the ANC and also guaranteed future support. Although Affirmative Actions was suppose to help blacks to improve their backlog in the economy, it is in reality used to promote the ANC's power over every aspect of public life in South Africa. Whites were removed from positions in government and institutions and replaced by ANC members with no experience, qualifications or ethics. The result is massive corruption, a huge drop in government services, explosion in crime, ext. And the best of all is that the very people, the poor oppressed black masses are now even worse-off than during Apartheid. People dying a violent death has risen three fold, Crime has increased 1000%, government service has just about collapsed, government corruption steals about 10% of the tax income, our schools are rated 130 th out of 139 countries, we are slipping on every international scale related to governance. So the only way the ANC can stay in power democratically is through racism. Elections based on race politics guarantees victory.

  • madmom1 - 2011-05-04 21:48

    Rather appoint an idiot because he is ANC (not colour) than a person who happes to be white and a go guys...its what we all were asking for

  • Mundu - 2011-05-04 21:49

    ANC racism.

  • Rastus - 2011-05-04 21:51

    Well - lets find the most incompetent - we don't want to let things run smoothly - do we!!

  • Enigma - 2011-05-04 22:07

    To be fair, we should acknowledge that the authorities refused to appoint anyone, rather than appoint an unsuitable candidate.

      Felix - 2011-05-05 09:12

      I find that even more insulting...

      Mad Hatter - 2011-05-05 09:58

      So much for equality and being treated the same under the law . Constitutional hypocracy : We are all equal ,except for you guys coz in an equal society one group has a set of rules and another group has a different set of rules .

  • Blip - 2011-05-04 22:42

    Why, after all the evidence has been led and all the legal arguments and counter-arguments have been heard, is ANY judge permitted to "reserve judgement" and delay giving his or her verdict? It's not as if the judge/assessors are going to spend three months to a year going into seclusion to consider their verdict. They'll be back on the bench tomorrow, hearing a different case and getting on with their lives. But the person whose case is "judgement reserved" at the whim of a judge cannot get on with their lives until that verdict is announced. The judge is therefore actively and deliberately victimising the victim. This is sheer judicial bullying and it is utterly unacceptable. The judge must rule right NOW -- justice deferred is justice denied.

  • 1gascan - 2011-05-05 06:46

    "We are not racist" - yeah right! With every passing day, the government is slowly revealing its true colours (no pun intended). People from all walks of life are noticing!

  • Anonymous Thinker - 2011-05-05 09:43

    Affirmative action at it's finest. Our police force is suffering and when someone who is best qualified to help it out comes to the front, they reject her because of "affirmative action". Isn't there a law against not hiring someone based on skin color? It's called discrimination. That she is a woman qualifies her for AA. Amazing how the ones that made the law don't follow it. No wonder there are so many law breakers. There is no one in power to lead by good example.

  • Gabba - 2011-05-05 10:47

    It grates me so much to see that the ANC keep saying "You are racists....You are Racists" etc etc..... But then this?? How is this not racist???? Shame, that poor woman could have excelled in her career but only to be held back by selfish, self-centered people who can't handle it when someone has better credentials and is white. So much for the "New South Africa" we all hope for....

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