Police's AA ruling justified - court

2012-11-02 14:08

Johannesburg - The SA Police Service (SAPS) was justified in denying promotion to a police captain because she was white, the Labour Appeal Court ruled on Friday.

Judge Basheer Wagley said the court upheld the SAPS's appeal against a 2010 Labour Court ruling.

Solidarity brought the matter to court on behalf of police Captain Renate Barnard, who was refused a promotion because of affirmative action.

Hermann said Barnard twice applied for the position, and was on both occasions recommended as the most suitable candidate by the interview panel.

When this happened a third time, the matter was taken to the Labour Court, which ruled that she be promoted.


Outside the court, Barnard spoke with tears in her eyes of her passion for police work and said she was disappointed at the decision.

"I am disappointed because I am a loyal member of [the] police. I believe in justice... This is not the end of the road," she said.

Solidarity deputy general secretary Dirk Hermann said the union believed she deserved the promotion.

"This ruling gives us an opportunity to test this important issue in the Constitutional Court."

He said Solidarity was pursuing 32 cases against the government related to the issue of absolute representation.

"In the bigger picture, it will be good to get clarity on this matter," Hermann said.

  • lorain.maseko - 2012-11-02 14:21

    I hope she takes it further and wins, especially because she was recommended as the most suitable candidate.

      lsfreak - 2012-11-02 14:39 Wonder if I'll get a passport, if not for me then for my kids. Cause this country is shot ;'(

      daleinn - 2012-11-02 15:08

      if not AA , why not EE? ... the repurcussions of this stretches far and wide, with public and civil sector flexing its employement policies openly , while the private/corporate sector own policies are just as bias in promoting, and employing.... one side of the portrait is too black and the other is too white? = inequalities!! census, irish coffee , call it what you want.

      luther.kingsley.5 - 2012-11-02 15:23

      Then we ask why are the government departments infested with corruption and crime.... easy, because they employ based on colour and not merit. A white person can perform miracles in this country, but will be denied every opportunity, these neanderthals will rather drown in their own vomit of corruption and crime than ever see a white person succeed. Girl its time for you to do what the rest of us whites have done over the past 18 years, start your own business or join a majority white company, its the only way your talents and skills will be appreciated.

      mark.a.fysh - 2012-11-02 15:25

      At least it can and may go to a real court now. I have my reservations about the Labour Court. It is a politicallly-charged institution that has it's own justice system for politically motivated labour laws. Like the tax court, you are first dragged through this quasi-legal mincer, before you can apply in a real court - and then, only the Constitutional court; in this case, anyway. I think this is denial of true justice. Anyone who knows better, please inform me and I will bow to superior knowledge.

      christopher.shining - 2012-11-02 15:39

      @kagiso...your sons will be paying for your sins too in the not so distant future..

      willem.vanrensburg.562 - 2012-11-02 15:46

      My word..what a ridiculously sad and stupid story. Its difficult to imagine that the best person for the job should be turned down because of the colour of their skin. I think the ANC government should be embarrassed by this, it really is apartheid all over again, It was Mr Mandela who said that this would never happen again...seems he was wrong..such a pity that the country will suffer because of stupid racist laws that discriminate against innocent people, just like the very regime which they fought for so many years...

      christopher.shining - 2012-11-02 15:47

      Its that time where us whites must plot, plan and take over again... And it will benefit the black population as well, they will have a better life under good management!

      rodney.bevan.58 - 2012-11-02 16:36

      kagiso, don't be so narrow minded, look at the bigger picture "Hermann said Barnard twice applied for the position, and was on both occasions recommended as the most suitable candidate by the interview panel." Essentially, what this means is there are now three police officers in positions that they are not qualified for. Not sure about you, but I would prefer the police to be suitably qualified to do their work, no matter what the colour of their skin.

      BigChiefPlumbPudding - 2012-11-02 16:48

      Yes Rodney, but you're thinking like an intelligent civilised person who would like to live in a true democracy. Stop that now - this is Africa. (sarcastic)

      armand.horn.58 - 2012-11-02 19:45

      @Kagiso. 2 Wrongs doesn't make a right. What you do now will be wrong in the future, then your kids will suffer again.

  • kala.bafazi - 2012-11-02 14:22

    It's not because you are white, You did not get the job because you are too honest. How can the government continue with its fraud and corruption if there are honest police in the ranks? Its just not good for business.

      lucille.ogilvie - 2012-11-02 14:30

      well said!!!

      Forgotten - 2012-11-02 14:54

      Agreed Kala

      BigChiefPlumbPudding - 2012-11-02 16:49

      Of course. 100%

      winifred.watson.9 - 2012-11-03 08:56

      Thats the problem, they dont want to employ honest people because that will stop their click of corrupt buddies. Thats why they cant work within a budget, tenders are minipulated they all work together, you watch my back and I will watch yours. Thats why this country is infested with corruption. If all people of colour worked together it would not be so easy to be corrupt, but when only 1 colour work together its a problem because there is nobody making them accountable. Democracy was meant for all people to be free, ok so they held the minority back for 18 years to give the majority a chance to step up which a lot of them took the opportunity to do so. Education deteriorated during this time and the tripart alliance interferred in the labour side, which resulted in business not employing people who could not do the job and it was to costly to employ them and still have to train these people. Corruption then started to infest itself, we saw it blatantly in government, municipalities and every organization under government. This was because, firstly, they did'nt have the experience and secondly they did'nt have to account for their actions to anybody. The person who they were supposed to account for was also corrupt and so the chain started. If all the people were allowed to work freely together there would have been far less of the corruption and just maybe the poor might have been slightly better off today. They are adhering to this AA EE BEEE for a reason,

  • Eterni80 - 2012-11-02 14:24

    who says apart-hate is dead - it's just under new management.

      Spiral - 2012-11-02 15:08

      lol! Indeed

  • JuliusYouPrick - 2012-11-02 14:28

    They don't want you higher up otherwise it will be more difficult to be as corrupt as they already are.

  • wesley.bischoff - 2012-11-02 14:29

    Oh hahaha, how silly of us. We should know they are allowed to be racist. It is their right, you know?

      george.slade.161 - 2012-11-02 14:55

      Actually its their Culture.

  • goeie.jaarling - 2012-11-02 14:33

    Only in Africa and specifically in South Africa we still have to deal with racism like this, everywhere ells in the world this will be seen as the highest form of racism....but as our president says "don't do like the white man do like the African", which is off cause retardation in its purist form coming from a retarded person.

      parys.fotograaf - 2012-11-02 17:04

      You are so wrong. In all nation states with multiple groups and / or races you always find crime and racism. Clearly this can only be overcome by letting each nation have its own sovereign state. Note Suadan, Catalonia, Scotland and Quebeck...the ball is rolling and it is becoming a huge snowball.

  • Jeremy - 2012-11-02 14:35

    I'm really sad to hear this ruling. I wonder what the Appeal Court's reasons were fopr overruling the first Labour Court hearing? I'm prepared to accept that if two people with equal qualifications go for the same job, it should go to the "previously disadvantaged" candidate. But in Barnard's case it appears there were no other candidates - and surely the police management structure is more than 80% black by now anyway?

      arthur.marks.754 - 2012-11-02 14:50

      @jeremy, you mean "mismanagement" is 80% black.

  • Spearshaker@Inkandla - 2012-11-02 14:38

    @ NEWS24: Can't you just improve the quality of your reports and reporters? FFS! you report the obvious within pub lic domain with no additional analysis and reportage to deepen understanding of the issues underscoring the gist of your report!!!! You and your reporters/journalist appear to utterly useless and unprofessional! JUST DO YOUR JOB PROPERLY FFS!!!!

      markplstephens - 2012-11-02 14:52

      calm down man, the simple truth is, if you want proper reporting with analysis and and array of opinions, you have to pay for it. buy a newspaper or watch the enews channel. or if you really are too snoep, read old articles on the M&G website. news24 is just to let you know what is happening. also, if you read half the stuff that makes the headlines on this site, and the quality of comments posted, you will realise its basically a tabloid

  • david.a.meyer.925 - 2012-11-02 14:45

    "The SA Police Service (SAPS) was justified in denying promotion to a police captain because she was white..." Apartheid lives!

      kenpeg.dawson - 2012-11-02 15:27

      Mfundo, what do you mean no one complained. Did all the schools burn down by themselves. Did your people burn their passes and plant bombs et al. Do you see that criminal behaviour from the minority?

      darren.peach - 2012-11-02 15:43

      @mfundo.kamagwaza. Tell me, Your point was very clear and Justified but why do you have to use the Term ; Little Offspring's in the context that you did. It makes you sound very aggressive and hateful towards whites and it creates a uneasy atmosphere.

  • jacquesfrancois.dutoit - 2012-11-02 14:49

    "I am a loyal member of [the] police. I believe in justice... This is not the end of the road," the real reason she was not promoted :|

  • janti.cloete - 2012-11-02 14:54

    Personally I can't see why ANY white person would want to work in service delivery..... I mean you know you will never get anywhere...

  • dave.waller.18 - 2012-11-02 14:55

    "Affirmative action is intended to promote equal opportunity. It is often instituted in government and educational settings to ensure that minority groups within a society are included in all programs. The justification for affirmative action is that it helps to compensate for past discrimination, persecution or exploitation by the ruling class of a culture,[4] and to address existing discrimination" Wikipedia definition of Affirmitive Action. Something doesnt quite add up where are the equal opportunites been promoted here. Its time to stop hiding behind this and for the ANC government to admit to been the rascist scum they are.

  • Forgotten - 2012-11-02 14:55

    Racism at its best ladies and gentlemen!!! FFS

      parys.fotograaf - 2012-11-02 17:07

      ..ja, dished out by the "legal system".

  • eduard.marais.5 - 2012-11-02 14:55

    there is an elephant in the room ... Face it, it is due to AA that the SAPS is in shambles and accordingly that crime is so rife crime is affecting everybody i wish people would stop worrying about race so much .... yet the ANC mentions it every damn day

  • allan.e.basterfield - 2012-11-02 14:59

    Welcome to the not so new (18 years) apartheid SA backed to the hilt by a racist judiciary!!!

  • rob.gunning.1 - 2012-11-02 15:01

    Racist bastards! Hope their children suffer the same treatment

  • avanwyk2 - 2012-11-02 15:08

    The good news is that now it is official, white people are now the currently disadvantaged.

  • andre.vandeventer.16 - 2012-11-02 15:09

    It is blatant discrimination like this that creates bitterness with whites in the "new SA". A court is supposed to be a place where justice is served and there is no justice in this ruling. Let the concourt give it's verdict on this. The ANC said in 1994 that "discrimination must never happen again..." At least the NP was open about it's laws, but the ANC is deceiving the world with it's falseness!

  • gerrit.vanpletzen - 2012-11-02 15:13

    It's never about appointing the best candidates anymore. It's about reverse racism , that is why South Africa has no future.There is no place anymore for somebody who is good at their job,but unfortunately the wrong colour. I wonder how the judge saw it, and how he could justify it.

      tiaan.vanderberg.75 - 2012-11-02 19:38

      Gerrit, i agree. I just want to make a note. There is no such thing as reversed racism. Racism is Racism.

  • theresa.pickering.1 - 2012-11-02 15:18

    This is blatant discrimination. If she is the most suitable candidate she should be given the post. SA needs to stop this crap. Before long we are going to have sanctions placed on us like Zim by other countries! If she is white it shouldn't matter! May the best candidate get the job. Window dressing is for fools! It is because of this that SA is going backwards. Jobs are given based on color no longer expertise.

  • malcolm.stevens.129 - 2012-11-02 15:19

    AA / EE and BEE promote racism and work against unity in the country. Get rid of them and then we can start rebuilding the society which the government has broken.

  • gerrit.vanpletzen - 2012-11-02 15:20

    AA reminds me of the banned documentary:Africa Adieu, which shows what can happen to a country after independence.

  • malcolm.stevens.129 - 2012-11-02 15:21

    The SA police force is riddled with incompetent, lazy cops. If this lady was not one of the above it's a shame she is not promoted. If she is incompetent, lazy, corrupt then I couldn't care less about her not getting a promotion.

  • gary.desousa.7 - 2012-11-02 15:23

    The International court of Justice sounds like a good place to be going to with this,crimes against people etc

      mark.a.fysh - 2012-11-02 15:32

      I agree with you Gary. Shine the international spotlight on gvt discrimination. Embarrass this SA Regime.

  • terrylee.heuer - 2012-11-02 15:27

    The ANC motto is \we may forgive but will never forget\ so they are making sure whites just never forget no matter how far down the line we have come there is no democracy!!! I feel for this woman we do really need her in the force she is dedicated and loves what she does how many cops can say that out there most of them are corrupt and are involved in serious criminal activity we need good people on the force and she is one of them no matter the colour of her skin!!!

  • sarecen.smith - 2012-11-02 15:32

    this isnt news, the racist anc, shows there true colours once again..

  • diana.gill.18 - 2012-11-02 15:59

    What makes native policemen so much more preferable to the whites? Enough to remember how our brave professionals have handled the riot situation at Marikana.

  • oosthuizen - 2012-11-02 16:17

    This is disgusting.. its creating a "us against them" attitude due to the states racism against white people!

  • Minesh Ramjas - 2012-11-02 16:23


  • michael.i.wright - 2012-11-02 16:38

    So, on three occasions, a post was either filled with a less suitable candidate or no-one at all. Now you know why the SAPS is such a screw up.

  • Bra Tebzaah Sibilanga - 2012-11-02 16:48

    It doesn't help to attack both the opinion and the opinionater.I will not withdraw my opinion on this matter.Tell me,how many of you here have ever stood up for a black man who was never promoted at work at the expense of an inexperience white man?How many of you have stood up for a black man or woman who is/was abused by his/her white bosses?None.Yet a single woman who fails to get a job should send the whole country in mourning.No,as long as we dont respect and treat each other as equal human beings,these incidents will forever be with us like a tortoise with a shell on its back.I am not condoning what happened to her,its sad.You should also not condone what is happening in your workplaces when suitably qualified blacks with experience are overlooked for better opportunities.It starts with you and me.Those who know me would tell you how much I would havw fought for that woman if I were working with her.I refuse to be racist,I treat every matter beyond race.

      tiaan.vanderberg.75 - 2012-11-02 19:48

      I agree with you. i think that in the past both Balcks and Whites have been discriminated against in the employment sphere. I understand the rationale behind AA. As a whitey I dont neccesarily like it but I understand it. But like in many arguments there comes a point where the common good of the country should supercede the principles of AA. If we get to the point that we are not going to appoint the best and suitable individual, regardless of colour, we are going to cut our noses to spite our race!

  • parys.fotograaf - 2012-11-02 17:00

    The judges better take note: many judges have met their end because people got fedup with injustice and this is adding to the long list of injustices preached and order from RSA benches.

  • david.stopforth.5 - 2012-11-02 17:16

    That is why SA is going down the drain Best person for the JOB that is IT .

  • Jack - 2012-11-02 17:17

    I wonder how many white people in the 1992(?) referendum imagined that the black government they admitted into power to create a new just, non-racial SA would turn out to be racist, adopt AA, corrupt the democratic system, steal their tax money...Most SA whites feel betrayed and deeply disappointed. A totally new political dispensation is required.

  • jannie.kotze.7 - 2012-11-02 17:45

    This is racism in its worse form to apply AA in the police!! Sis, what a shame that the Labour Appeal Court also partisipate in racial desissions!

  • irene.buthelezi.1 - 2012-11-02 17:49

    Most whites are being forced into self-employment by cANCer and it's actually a very good thing. Maybe that's why whites are wealthier. I personally practice WEE and it works every time. The job gets done, no rip off and no call backs to re-fix what was supposed to have been repaired.

      kenny.bianco.7 - 2012-11-02 20:25

      Except your real identity, u coward

      joe.mangena.1 - 2012-11-02 20:36

      you hate Irene you see on the mirror

  • jannie.kotze.7 - 2012-11-02 17:49

    It seems as if black could not succeed on their own. The only alternative is to have policies that are forced down by goverment such as AA, EE, BEE, BBBEE, TRANSFORMATION, QUOTAS, ETC

      michael.smit.73997 - 2012-11-02 23:25

      oh really tshililo ? my parents never recieved free cars and houses like you think they did. my dad's job on weekends while he was a student was to keep boilers on steam engines full of coal for 12 hours at a time just to pay off his study loan. you always want to BLAME BLAME BLAME. you can never look forward and build. look how japan built itself up after it was nuked and how germany built itself up after WW2. If SA was nuked i doubt your government would be able to do anything if it wasnt for us hard working people, communist china would have bought this country long ago and THEN YOU WILL SEE HOW THE WORKING CLASS SUFFER

      andile.tyhaliti - 2012-11-03 13:20

      @jannie. The is absolute rubbish to suggest that. The fact of the matter is, for decades yr white nationalist government favoured whites and pushed the agenda of white supremacy at the expense of the blacks and now when the situation is being reversed you cry foul. By definition \ Equity is fair discrimination\ as oppessed to your former government. You cannot deny that yourself you benefitted from that gorvernment directly or indirectly. Today you are fortunate to say whatever you like about this government while the former censored you. For the record everybody is dependent on goverment one way or the other

  • tiaan.vanderberg.75 - 2012-11-02 19:50

    Dear Misjudge. You are cutting your nose to spite your race!

  • sesom - 2012-11-03 07:33

    Rubbish Police... All thieves themselves...

  • joe.blogs.98837399 - 2012-11-03 10:03

    Join our Class Action against the South African Government

  • John - 2012-11-09 20:05

    Section 9 of the constitution section 3 needs to be adhered to. The misuse of section 2 is need of correction. All whites should not work for the state organs and agencies. Let them continue destroying themselves by using incompetents who are sly and corruptable. Those who voted ANC will be the ultimate losers! TOUGH LUCK!!

  • Rebecca Smith - 2013-09-05 09:37

    well they're not gonna give it to her if she is "loyal member of [the] police. I believe in justice... " they only promote corruption to keep their fellow cANCer fat cats in power

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