SAPS to apply for leave to appeal on affirmative action ruling

The Constitutional Court will hear an application by the SA Police Service (SAPS) on Thursday for leave to appeal against a ruling on affirmative action.

The Supreme Court of Appeal (SCA) had ruled in November last year in favour of Lt-Col Renate Barnard and the union.

Barnard had twice applied unsuccessfully for the position of superintendent within the then National Evaluation Services, which deals with complaints by the public and by public officials concerning the broad spectrum of police services.

Despite recommendations by an interviewing panel and her divisional commissioner, the national commissioner did not appoint her to the position, on the basis that racial representivity at the level of superintendent would be negatively affected.

The SCA ruled that the SAPS had clearly discriminated against Barnard on the basis of race.

The matter was first heard in the Labour Court and the case was ruled in favour Barnard. The SAPS appealed the ruling in the Labour Appeal Court, which ruled in their favour.

The union and the Barnard then appealed the matter at the SCA.