Affirmative Action Case Ruling Leaves Barnard Disappointed

Former Lieutenant Colonel Renate Barnard said she was disappointed by Tuesday’s ruling in her affirmative action case against the South African Police Service (SAPS). The Constitutional Court ruled in favour of SAPS who overlooked Barnard for a promotion twice because of her race.

“I really only had one passion and that was to protect and serve irrespective of colour or race,” Barnard told Eyewitness News after the ruling.

Trade Union Solidarity’s Dirk Hermann says today’s judgment is disappointing but the union which represented Barnard will continue to push similar affirmative action cases to the court.

“We are disappointed. We don’t believe what happened here today can be justified,” he was quoted as saying.

In 2005, Barnard applied twice for the post of lieutenant colonel (superintendent at the time) but was rejected despite recommendations by an interview panel and her divisional commissioner.

The national police commissioner did not appoint her to the position on the basis that racial representation at the level of superintendent would be negatively affected.

When Barnard applied for the third time, the position was withdrawn.

In 2010, Barnard’s case was referred to the Labour Court. The court ruled in the her favour; that Barnard be promoted retrospectively from 27 July 2006 to superintendent.

In 2011, SAPS appealed the ruling. The Supreme Court of Appeal (SCA) held in November that the SAPS had discriminated against Barnard on the basis of race. The matter was then taken up by the Constitutional Court, which ruled in SAPS’ favour on Tuesday.

Barnard resigned from the police in June this year.

photo credit: Joe Gratz via photopin cc

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