White rights downgraded, Solidarity says

2012-11-02 17:21

Johannesburg - A ruling related to affirmative action by the Labour Appeal Court has diluted white South Africans' right to equality, trade union Solidarity said on Friday.

Deputy general secretary Dirk Hermann said this could not be acceptable in a constitutional democracy.

"We don't believe the Constitution sanctions this kind of racism."

Labour Appeal Court Judge Basheer Waglay upheld an appeal by the SA Police Service (SAPS) against a 2010 Labour Court ruling, which ordered the promotion of police Captain Renate Barnard to the level of lieutenant colonel.

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

Hermann said Barnard applied for the same position twice and was each time recommended as the most suitable candidate by the interview panel, but was not appointed.

When this happened a third time, the post was withdrawn, as being "not critical".

The matter was taken to the Labour Court, which found she should have been promoted.

However, the post had already been withdrawn.

The Labour Court ruled that the implementation of affirmative action had to be rational.

It also found that the rights to equality and dignity of non-designated groups needed to be protected.

Barnard has been a policewoman for 24 years and said she remained passionate about her work and the police service in general.

Her father, grandfather, brother and brother-in-law were all employed by the SAPS.

Barnard said she had not been ostracised for pursuing her case.

"I have received a lot of support from all my colleagues, of all races and genders," Barnard said.

Her fight for promotion was "not a racial issue", she said.

Because of the nature of the case, Barnard said she sometimes felt as though she were being branded as racist.

"In court, I felt like I was the accused. I am definitely not a racist."

She said she had not thought it would be necessary go to such lengths to be promoted.

Solidarity's Labour Court department head Dirk Groenewald said the Labour Appeal Court's decision had implications for service delivery.

"With [South Africa's] statistics on crime, we have to put service delivery first, in the interests of all South Africans."

The SAPS' interpretation of the legislation meant it measured progress in affirmative action against national demographics, rather than its skills base.

As such, until quotas were met, individuals of non-designated groups had no prospect of promotion.

In addition, Herman said: "The Employment Equity Act makes it clear that you cannot have a quota system."

Hermann said this impinged on people's rights to equality and dignity.

Usually, the next step would be an application to the Supreme Court of Appeal.

However, as the matter was deeply intertwined with constitutional matters, Solidarity hoped to proceed directly to the Constitutional Court.

The Labour Appeal Court found on Friday that service delivery was not negatively affected by the decision not to promote Barnard.

This was because it was the national police commissioner's prerogative to leave a post vacant. It was not the court's place to second-guess this decision.

The judgment also disregarded claims that the SAPS employment equity plan was focused on employing blacks, regardless of other criteria.

In his judgment Waglay said: "That, to me, suggests that should a black candidate be unsuitable, that candidate will not be appointed".

No order was made for costs because Waglay found that the matter raised important constitutional questions.

  • warren.rodel - 2012-11-02 17:27

    BEE, does it work? Of course not everywhere.

      francois.vorster.925 - 2012-11-02 17:53

      Do we now have AA & BEE courts as well???

      michael.salomon.589 - 2012-11-02 18:43


      grant.callaway.50 - 2012-11-02 18:57

      We need an independant state - we should take the cape. Allow anybody who wants to live and work by fair rules to take citizenship there. It will flourish! Let the ANC rape the rest of South Africa, but at least give the decent South Africans a place to call home.

      Oraniaboer - 2012-11-02 19:24

      Hay man we dont need the government to take care of us whites rights we will make a plan ourselves. EFF THE ANC.

      willem.vanrensburg.562 - 2012-11-03 11:39

      COMRAID, COMRAID, COMRAID, COMRAID...Isn’t this what it’s about... The country is not that important, saving face is not important, Chinese invasion, Nigerians, Somalia’s ,Zimbabweans, Malawians, Xenophobia Stealing, Zuma’s house, hospitals, education, potholes, bribery, failure, Crime, inflation, farm murders, poverty, housing, toilets..ALL NOT IMPORTANT STUFF... employing the comrades, that’s important.

      joe.blogs.98837399 - 2012-11-04 05:53 Let's go to Court !

  • kyle.r.lottering - 2012-11-02 17:28

    whats new. Somehow its like im a sinner for being white. Oh well.

      goeie.jaarling - 2012-11-02 18:57

      At least now we feel how it felt during apartheid, something we had nothing to do with. Can we also start planting bombs now?

      SharonE - 2012-11-02 19:16

      The courts seem to be following the president's lead on this. For some reason he thinks that minorities have less rights than the majority.

      willem.vanrensburg.562 - 2012-11-03 12:10

      KYLE...WE SHARE YOUR FEELINGS.. nothing in nature will ever destroy itself. Animals don’t commit suicide, nor do plants...This government is a species all on its own, it will destroy itself, it’s just a matter of time. And they will not be to blame for that either lol...they never are..stand tall, you are not to blame for their failures.. die vuur brand nader..

  • dan.vanryneveld - 2012-11-02 17:38

    definition of racism according to the United Nations: the term "racial discrimination" shall mean any distinction, exclusion, restriction, or preference based on race, colour, descent, or national or ethnic origin that has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life" now tell me, is the New South Africa not racist???

      rikus.zietsman1967 - 2012-11-02 18:40

      JJ_D - 2012-11-02 18:48

      No Louis, the problem is dumb f*@#s like you of all colours who make it difficult for all of us. Black people will not vote for change (with the DARK being the only viable opposition)if racist bigots like you are seen to represent them? I'd rather take it as a public holiday than vote DA if you represent the supporter base. I damn sure won't be voting ANC. This story isn't a great example of what we want from our democracy. We need each other to effect change, but it won't happen with attitudes like yours. Do you get that or must I come down from my tree to explain it to you?

      kseyffert - 2012-11-03 02:10

      mshiniboys Not fair! It is generally agreed that Apartheid was not fair. Most of the "whites" now living with you in SA voted to support the Changes that enabled the NP government to dismantle apartheid. I know, it was the very fist time I was old enough to go to the poles.... many of you youngsters simply don't know this because it is not in the interests of the ruling body to tell you that most whites want to share this country with you as equals. We acknowledged that faults of our ancestors now please once and for all, stop telling us that we did this to you!

  • stirer.kathray - 2012-11-02 17:48

    In my culture, the best person who is competent enough to do the job, then gets the job. Isn't that logical?

      dan.vanryneveld - 2012-11-02 17:55

      logical to all except our government!! look at it this way, would you rather board a plane with a competant pilot (regardless of race) or a lessor qualified person because of his skin colour?

      louis.olivier.988 - 2012-11-02 18:08

      Not according to these d... heads.

      rupesh.hari.7 - 2012-11-03 01:19

      what culture are you? certainly can't be white because thats not what the whites did during apartheid. Can't be black because of AA now. So not sure what culture you are.

      willem.vanrensburg.562 - 2012-11-03 12:58

      In their culture, if you are very very stupid...then you are clever...

  • jannie.kotze.7 - 2012-11-02 18:03

    You refused white advancement, pretty PLEASE refuse whites taxes

      luvo.luvos - 2012-11-02 18:53

      Bozo you're making it look like its only whites that can pay taxes. They deduct about R6300 taxes from my salary each month not to mention other black professionals. We're all being equally screwed here, Mr Priviledge Ass!!

      Heibrin - 2012-11-03 03:43

      @luvo: do you deny that it is predominantly whites and their businesses that pay the majority of tax?

  • Danie Gerber - 2012-11-02 19:18

    Its funny. When the whites did the same thing in the past everybody was crying apartheid and racism but now that the blacks is doing the same thing its all right. Now its turned around apartheid. This country will never be a rainbow nation as long as there is any form of racism and apartheid alive. The ANC have failed in Nelson's Mandela's vision. Pity most blacks cant see that the ANC have even failed them.

      Natalie Scholtz - 2012-11-03 04:20

      Nicely said sir,I couldn't agree more,just wish that this affirmative action nonsense could stop,cause look at our coloreds,we really have no say in anything that's going on in this country,We struggle 2 get a decent job because these days the post gets advertised then they tell u straight in the app,that u should be black,!!Yes apartheid just got a new form,and I'm so sick of the black people playing that Racism Card,its so Lame,I grew up with blacks and whites,and we all lived togthr and we respected 1Another,Why all this hate,the white people cannot be held responsible for what their Great grand parents did 2 the blacks,why not let the past be past and try 2 move forward,God forgives us,so why not forgive each other,and try 2live together,and give us all a chance in Life

      timmy.ditsele - 2012-11-03 08:51

      Its not that we cant see the ANC is failing us,but we can vote any other party especially DA.The problem is the views above of our fellow country man.If I vote for the DA and it elects some one who still thinks he is superior to black folks in power,thinks our IQ is less than 72 (blacks)thinks he is the only one who understands the problems of the country and he alone can solve them,thinks that any black man must not be trusted,no sir I will not vote at all.

      jeff.puttergill - 2012-11-03 12:37

      Exactly. . . Equality means that the scales are balanced.

  • julio.sanfona - 2012-11-02 19:21

    How about giving everyone an equal opportunity to get good quality education and then employing the best person for the job, regardless of colour or political alliance. Why not incentivize everyone to excel at whatever it is that they do and fire all the under performers? Is that too difficult to understand?

  • stavious.mamatepa - 2012-11-02 19:26

    White people are not selfish like we blacks

      mawandewonderman.mkuba - 2012-11-02 19:43

      Like you. Are u really black by the way?

      siyabonga.nkosi.10 - 2012-11-08 18:21

      stavious do you really know them that way? eish i cant agree with you at all. to me seem worse than the ANC itself

  • gift.rode - 2012-11-02 20:07

    Just one article and the racial fires are burning its whites and blacks.people live misreable lives with such hatred that is ignited by just one article God have mercy on our souls!!!

  • henchman.monco - 2012-11-02 20:20

    It seems like there'll never be love, peace and happiness between africans and whites here in this country, satan is controlling your minds and you can't see that

      bee.deekay - 2012-11-02 23:56

      lol, ok, that's a good one henchman, good one

  • Jakkals Venter - 2012-11-02 20:57

    Yes i will also play the same game i got 2 restaurants and will start employing only white people BEE se moer 25 black people is going to lose there jobs and you no what is worse they are all good people but i will do it.

      zimbobwe.mugabe - 2012-11-03 05:10

      You know what the say about jakkals??? I'm not surprised you uttering this nonsense. The white people you are going to employ will bankrupt you with their high salaries. You are living the high life now because of black people and their pittance salaries. You will kiss your laptop/computer good bye and news24 will be in the past. Imagine your life without speaking nonsense on news24??? It will be dull and boring!!!

  • Montagnes.Bleues - 2012-11-02 23:31

    SA is now the MOST RACIST nation in the world, under this ruling anc dictatorial regime

  • bee.deekay - 2012-11-02 23:58

    The trick is, those you meet during your day, treat them with respect, if you get back lemons, move on. There are great people out there, black and white, yellow and orange who like oneanother. Who cares what the other haters think, there's always gonna be people who hate, find those that don't.

  • francoisvdmerwe - 2012-11-03 02:40

    My view on this and its only my view, our country will never progress with race views on each other, secondly we will never progress as a nation because we fight each other ,we live in a global economy. we will never progress as a nation without education. we will never progress were crime an corruption is the norm, we will never progress where the youth has no role models. stop blaming the past, the people of today should take action for the generation of tomorrow.the world dont turn around us.

      winifred.watson.9 - 2012-11-03 09:30

      I agree probably is people only look behiind them and cant bear to look ahead. The clock only turn in one direction but instead to going forward they keep trying to get the clock going back in time. What is past is past, when somebody dies you have to move on and thats what the people need to do, pick up the pieces and uplift themselves and work together to build a better place for the next generation. Bringing up the past wont do anything, you cant go back and undo it, its done, finished and needs to be buried. The whites that called for apartheid to be dropped are the loyal whites who are still in this country, those who did'nt support this, ran away to other countries because they were scared. Blacks should realize we stayed behind to help and support them, yes we could could have all been much better off now in another country but we stayed, this is our country the same as yours and together we should help build it up instead of breaking it down and thats exactly what is happening now. There is a force out there that is trying to destroy this country for their own gain, we need to stop them in their tracks before there is nothing left for our children and their children. We need to stop this rotting evil force.

  • Cuteandbronzed - 2012-11-03 04:09

    This racisim has to stop, they should have just given her the position. This is rubbish really I hate south africans

  • lunga.matsikechangu - 2012-11-03 05:18

    Don't cut tall people short to make short people tall. Don't rob the rich poor to make the poor rich

  • mbambo.shi - 2012-11-03 06:46

    Two wrongs doesn't make it right. We've been oppressed and suppressed in the past, but having to apply reversed racism and tranparent isolation ''BEE dictating codes'' towards others wont take us anywhere. We've made alot of steps forward post 1994, and we're now twicely taking those steps backwards. We plurged to work together towards transparent politics and pure democracy, what triggered our change???

  • cois.dorfling.3 - 2012-11-03 06:46

    Our country should be run like a business....with income vs running cost....aiming to make a profit...BUT THEN THE PROFIT MUST BE PLOUGHED BACK INTO THE COMMUNITY ON ALL LEVELS... Any business will only make a profit if all the workers do their job efficiently and in the absence of corruption....

  • Leigh Nicholl - 2012-11-03 06:57

    this country is a democracy??? just like our president swore to uphold the constitution?? qualification in this country is now useless.

  • asdhasgd - 2012-11-03 07:39

    This is really getting out of hand now. cant you all see that the ANC is dividing us apart? :'( THIS NOT WHAT MANDELA FOUGHT FOR!!

  • timmy.ditsele - 2012-11-03 08:57

    Some body please explain to me as I am lost.Isn't AA/BEE also for white woman according to the constitution?Perosnally I think we should get rid of the AA/BEE since it undermines most of the efforts made by hardworking A black engineer,manager will be regarded as a product of AA/BEE whether S/He worked harg to get there.

      theo.joubert.37 - 2012-11-03 09:27

      join our Campaign:

  • sarecen.smith - 2012-11-03 09:43

    whites must start businesses and support white ppl. screw the rest

      zimbobwe.mugabe - 2012-11-03 11:42

      ... and who is going to wash your underwear and wipe your backside because you can't even pick your nose yourself. You are all so lazy just picking a dirty mug from your table is pure torture...

  • jeff.puttergill - 2012-11-03 12:34

    What would be the DIRECT opposite to only employing whites because of race?

  • lidtkenaude - 2012-11-03 13:21

    Well, i dont know what to say... this all sounds like a scary place to live...

  • jacqui.daanevanrensburg - 2012-11-03 13:57

    What rights?. We don't have rights in this country. We are milk cows and that's all.

  • - 2012-11-06 21:44

    Now I know why I live in uganda. Whites are welcomed as we add value to the economy and create employment for our hosts. I have more genuine african friends here than muzungus (whites) the locals are pleasant helpful and wish to learn to improve there skills. In 11 years I can count racist comments on one hand and have finger over. I make more money than I would in South Africa pay less tax and hacve no currency control. Even though I love SA who the hell needs that cr@p. Frankly I would die for Uganda before SA now. This is home. The ANC suck as does our gov. If you a white SA don't expect help as a expat from the embassy or home affairs or for that matter the minister of H A or Zuma's office. I tried. Best advise is move north help the Africans who want help and make a difference including lots of money.

  • aiazmir - 2012-11-08 19:26

    We should all come to the conclusion, that whether we like it or not, the new South Africa is as racist as the old.

  • pages:
  • 1