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The Supreme Court of Appeal has granted Solidarity leave to appeal in the matter of a policewoman who was refused promotion because of her race, the trade union said on Monday.
Spokesman Dirk Groenewald said the union aimed to get a 2010
Labour Court ruling enforced that Captain Renate Barnard be promoted as she had been racially discriminated against.
Barnard applied for the same position twice and was each time recommended as the most suitable candidate by the interview panel, but not appointed.
When this happened a third time, the post was withdrawn, as being “not critical”.
The SA Police Service (Saps) appealed against the 2010 Labour Court ruling.
Labour Appeal Court Judge Basheer Waglay upheld the appeal in November last year.
Solidarity deputy general secretary Dirk Hermann said the Labour Appeal Court ruling was in contravention of the Employment Equity Act. The Act was against the “mechanical” use of quotas.
“We feel that the Supreme Court of Appeal will focus more on the legal issues, such as the Saps non-compliance with legislation, than solely focusing on the constitutional aspects of the case.”
If necessary, the union was willing to take the case to the Constitutional Court, Hermann said.
“We are seeking finality on the constitutionality of a quota system that is based on the national racial demographics, the balance between affirmative action and service delivery, and the Constitution's provisions regarding the non-designated group's right to equality and dignity.” - Sapa