"What more must I do to get a promotion?" - Renate Barnard

JOHANNESBURG (Sapa) - The country's Constitution and its Employment Equity Act were pitted against each other on Wednesday in a case involving a police captain who claims to have been overlooked for a position because she is white.

Testifying under cross-examination in the Labour Court in Johannesburg, Captain Renate Barnard said it was unfair for the SA Police Service to redress injustices of the past at a "disadvantage to others".

This after advocate William Mokhare put it to her that the equity guidelines were put in place to give "the section of the population that was discriminated against in the past equal opportunities".

"I am aware [of the Employment Equity Act] but also aware that there's a Constitution. According to the Constitution, the police have to provide equal opportunities to its officers.

"Two wrongs don't make a right... not at a disadvantage of others," said Barnard, who later broke down and cried.

Barnard, represented by advocate John Grogan SC on behalf of trade union Solidarity, took the SAPS to the labour court after she was twice overlooked for a superintendent position.

She first applied for the senior post within a division that deals with grievances from members of the public in 2005 and again in 2006 but on both occasions, she was not appointed.

This despite the interview panel having indicated that she was more suited to the post than the two other candidates she was recommended with.

When recommendations of three officers, with Barnard's name at the top were sent to then National Commissioner Jackie Selebi's office, he decided not to appoint anyone to the position.

His reasons were that Barnard's appointment was not representative of the police's employment equity goals, said Senior Superintendent Johannes Phetolo Ramothoka while giving evidence on Monday and Tuesday.

"He [Selebi] wanted to ensure that all units adhered to the Employment Equity Act, in line with the equity plans of the South African Police Service.

"The appointment of the candidate [Barnard] was not going to be in line with equity guidelines. White females were already over-represented by five at salary level nine so her appointment would have meant an over representivity white females on that level," Ramothoka said.

Ramothoka is based at the SAPS career management unit in Pretoria.

But Barnard feels it is discriminatory for the SAPS to overlook competence and commitment based on people's skin colour.

"I want to ask management, what must I do more to get a promotion? I sacrificed my family to do my job properly... I am a top performer," an emotional Barnard said.

She said she had been captain for close to eight years when she applied for the position in 2006 and felt it was unfair for the SAPS to keep promoting people who joined the police force after her while overlooking her because she was white.

"People who joined the police in 2004 and 2005 are now superintendents and senior superintendents while I'm sitting there for 20 years. I'm not a racist but an officer committed to serving the community," she said, wiping away tears streaming down her cheeks.

She said her promotion would have enhanced services rendered to community members who felt their cases were being investigated as she knew what went on at station level and had worked with members of the public for a number of years.

"I had practical experience of what happens at detective units.

I knew I'd be able to make an impact with regard to what happens at ground level... I fitted the job description," she said.

Mokhare and Grogan are expected to present their closing arguments before Judge Pretorius on Thursday morning.

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BEE Get rid of BEE now.This country is busy going down due to BEE. by alkie on November 19 2009, 00:51 Find this comment inappropriate? Report it

DILLIGAF/Chucky Please stop writing in all-caps, swearing, and being idiotically racist in all of your comments. It helps nothing at all, you simply make others angry who then reply in the same way. Rather keep this site for people with actual points to make, go shout at . .more people in some forum if you want other morons to talk to. . .less by . on November 19 2009, 02:15 Find this comment inappropriate? Report it

Racist employment laws - detrimental " "I want to ask management, what must I do more to get a promotion? I sacrificed my family to do my job properly... I am a top performer," an emotional Barnard said. " Buggest mistake:: NEVER sacrifice your family for ANYTHING. Now . .more you have no-one to support you. Solution: Stop crying and do something intelligent. Resign from the SAPS and get a job in a country that appreciates your skills and abilities. Foreign governments are always looking for highly skilled South Africans. You'll most likely get paid better too. . .less by Kyle on November 19 2009, 06:57 Find this comment inappropriate? Report it

barnard you will nver get the promotion this is africa so madam just stay and do your job and enjoy family by ivan on November 19 2009, 08:02 Find this comment inappropriate? Report it

How sad and how sick can a society get.. Send this article to the Canadian Government. by Molly on November 19 2009, 08:03 Find this comment inappropriate? Report it

appoint her I have been emotionally touched by this sordid saga. Although I do not have the details of the full story I take issue with that there are people who came after this lady and got promoted whilst she was overlooked. The HR should take blame in this regard . .more in the absence of reasonable contrary evidence. The lady is desperate for this position and she displays a sense of commitment. On her behalf I urge the government to just give her the position. In the least- afford her another interview where her views of affirmation action can be obtained before making a final decision to appoint her. Those who want to be part of the Rainbow Nation- doors should be opened for them but without undermining the legislation particularly affirmative action and NDR. . .less by King Zwakala on November 19 2009, 08:20 Find this comment inappropriate? Report it

This is simple There are EE targets to be met which are relevant to SAPS EE plans as required by the EEA to redress the imbalances of the past. You cant have a SAPS with a minority race dominating superintendent positions at the expense of the majority. Are we feeling . .more pitty because this woman is white or are we genuinely seeking to address apartheids inequalities. She may only be considered for this position if SAPS cant find someone suitable but in this case, SAPS managed to get its candidates, tuff luck. It is unfortunate that blacks/africans are only considered into these postions post 1994 whilst blacks did qualify for senior positions pre 1994 but never got recognised due to ill practices of apartheid. I remeber a story told by my father (wich some will find irrelavent), he had to train new white recruits at their firm on how to do the job as a senior of more than ten years just to get rewarded by being told that he will be reporting to that same new recruit as his senior. What goes around comes around and people will always reap what they sowed. Finish and klaar . .less by Reggy on November 19 2009, 09:05 Find this comment inappropriate? Report it

@ Reggy At the end of the day, two wrongs do not make a right. Furthermore, if you had read the article properly, you would see that no-one was appointed in that post. There are a number of positions within SAPS which are empty because they refuse to . .more appoint white people and there are no suitably qualified candidates of colour. Please explain how this addresses the imbalances of the past. I don't mind if they appoint someone of colour who is suitably qualified over a person who is white, but to leave key positions unfilled because of EE is despicable. Especially given the crime rates in this country. How do they even begin to justify this? . .less by Samjank on November 19 2009, 09:58 Find this comment inappropriate? Report it

A similar problem has led to the decline of service delivery I'm afraid a similar problem - Employment Equity - has led to the decline of the civil service and consequently, service delivery in local government. The 'old guard' civil servants of the apartheid-ere were the keepers of institutional memory, in other . .more words, they knew how things were done but when they were asked to leave there was not adequate skills transfer. It should have been a phased process in which all new appointees were mentored. However, this was not the case. Our process of transformation has been remarkable for its lack of violence but has been hasty and ill-considered in other respects. Regarding Captain Barnard, this country struggles with an unmotivated and ill-disciplined police force. It is foolish to turn away competent individuals who bring hard skills. It makes no sense at all because in the long one it has financial consequence. . .less by Bunny Jones on November 19 2009, 10:08 Find this comment inappropriate? Report it

See The Future This is why South Africa is not working. First white apartheid, now black apartheid. Idiocy dressed up as policy. by Pieter Schoombee on November 19 2009, 10:22 Find this comment inappropriate? Report it

So reggy... you would rather have an incompetent police force with sky high crime rates, than a competent police force with white people? And let's face it, your black "bruthas" are not doing too well at this stage, are they? I think you should take time to get . .more some one to read the article and explain all the big words to you, then you'll see that the position was NOT occupied, but rather frozen and kept vacant. . .less by sias on November 19 2009, 12:11 Find this comment inappropriate? Report it

Pity Bernard These issues need to be attended to. If Government laws contradicts, then which one should we obey. by Sandile Gumede on November 19 2009, 12:34 Find this comment inappropriate? Report it

Why no sunset clause? One of the biggest mistakes was not having a sunset clause in the affirmative action legislation. It has now been 15 years since 1994 elections based on new constitution. A sunset clause is long overdue. If legislators cannot rule that AA . .more employment is now redundant then the constititional court should. In Barnard's case! . .less by Al on November 19 2009, 12:48 Find this comment inappropriate? Report it

All of them must resign In solidarity with this white woman, it think it is only proper that the other white senior police officials resign, so that these positions will be open to more blacks and have a Black Polisie Force! by Afrika on November 19 2009, 12:52 Find this comment inappropriate? Report it

Well Reg.... You should write a thesis on stupidity......We all know how that previous storey ended don't we! There is nothing like heading off a cliff twice to learn your leason. That is if you survive it the first time.This time I'm not so sure Reg so buckle up son! by Noddy on November 19 2009, 12:56 Find this comment inappropriate? Report it

@Reggy The promise to this nation was that all would be equal before the law. You say nothing of the over representation of Indians in goverment which I suspect that you are. by Mike on November 19 2009, 13:52 Find this comment inappropriate? Report it

Promotions in court!! Captain Barnard, you see when this thing comes to you, it becomes very painful. Let me tell you some, its not all about you Captain, if the representation by your people is achieved there is no way you going to get the post. You see you . .more very lucky that you also have media coverage for just your promotion, a lot of black workes are daily overlooked at white owned companies and it doesn't even reach the media. Your people as well have shown resistance to the AA and EE acts. And where i am working white women like you are used for things like EE, because they say you part of the act. I am suprised you mentioning the skin colour, i didnt expect that from one of you compared to what is happening to us in this white owned companies. . .less by Ntsako Baloyi on November 19 2009, 14:04 Find this comment inappropriate? Report it

@ Ntsako Baloyi Of course whites have shown resistance to these policies. We wont get into a spat but just try understand the following: These white owned companies you refer to, where they not built and created by their previous white owners? or where their positions in . .more the company decided over some policy to get rid of the black owners? ofcourse not. You see, even if people were perhaps unfailry put into these positions previously , the previous managers /owners etc still created the company and would obviously not put a complete fool in their place. This should not be a case of "payback" . .less by m on November 19 2009, 14:46 Find this comment inappropriate? Report it

Re : chucky @ D******* . November must relize that these 2 guys at least have the balls to saty what needs to be said . Obviously November has a government job beeing PC and all . The white people in this country are being taken to the cleaners , MELEMA can say what he . .more likes and this RACIST ANC GOVERNMENT AND DARE A WHITE PERSON SPEAK THE TRUTH . So November is either naive or stupid or both regarding the posts Chucky @ D******* . Somebody must speak out , the blacks are ruining the whites , poverty etc . what has a black archived without the whites , nothing , only take and destroy what the white people built . The white , coloured and Indian people battle to get jobs , wrong skin colour , apartheid in reverse . If you arent black your kids will not get a job . looks like November doesnt have kids and family who battle to get jobs because they are white . . .less by November 2 on November 19 2009, 15:54 Find this comment inappropriate? Report it

Acknowledge the realities of the past The pain we black people have suffered for all our lives. Pitty we could not go to the Labour Court. Many of our competent people could not be promoted under apartheid allowing the most stupid white males with Matric and military training to become . .more regional manager with corner offices. I once had a manager (Afrikaans of course) who did not even know how the increase in repo rate impacted on the banks debtors book. This guy was a trusted debtors manager. He did not even know what debtors book stress testing was and average days outstanging for bank was. These to me we critical tools of running his business. One day I asked him why were we worried about the number of accounts in arreas instead of rand value exposure as this was the major area of our risk. His answer was that this is how in this bank its done. I was rebuked when I introduced the subject at Exco. Suffice to say I hear these days these are some of key areas of perfromance measurment. My point is many white have ascended the ranks based on colour yet we frown on AA. AA is not new is SA we once had Afrikaans Affrimative Action AAA . .less by Gambu on November 19 2009, 18:16 Find this comment inappropriate? Report it

Chucky @ D******* Re : Novenbers comment . November you are a PC person , the whites in SA are being boiled slowly by the savages Racists blacks , you are too stupid to see that . Place a TOAD in in water and heat it up slowly on the stove , the Toad will stay there until its boiled . .more slwoly as the temperature rises to DEATH . THAT IS WHAT THE BLACKS IN SA ARE DOING TO THE WHITES . YOU MR NOVEMBER IS A TOAD . . .less by December on November 19 2009, 18:21 Find this comment inappropriate? Report it

@Gambu No-one is saying there aren't incompetent whites. As I understand it AA should apply if two applicants are suitable for the post, with the same qualifications/experience then the black person should get the post. Keeping posts unfilled to effect a . .more quota at the expense of filling that post with a qualified white is just stupidity, and racist to boot. No-one is saying that there was not racism in the past, but we are not talking private enterprise here, we are talking tax-payers money and the constitutional right to an effective police force to keep citizens safe. . .less by Jeff on November 19 2009, 19:16 Find this comment inappropriate? Report it

EE My reading of the Constitution tells me that enforcement of so-called equity targets at the expense of denying qualified workers of the "wrong" race access to vacant posts is unconstitutional. The nettle must be grasped and the Constitutional . .more court asked to settle the matter once and for all. I cannot see how Barnard can possibly lose her case, but this is Africa, and there are racist cadres planted everywhere, even in the judiciary! Barnard's suffering has nothing to do with the case; it's a matter of principle : racial discrimination is unconstitutional, and so too is racial job reservation. Good luck to Grogan et al. . .less by flebus on November 19 2009, 21:56 Find this comment inappropriate? Report it

AA Do u think competence equals to white. You monkeys better lose that brainwashed mentality taught to u by your infamous encestors. The inferiority complex you painted black people in is a thing of the past and i think u (Noddy) should write a book about . .more "Caucasian supremecy fading, Sad moment to whites". The following were made clear in the article, and this is were i draw my discussion point of departure from: When recommendations of three officers, with Barnard's name at the top were sent to then National Commissioner Jackie Selebi's office, he decided not to appoint anyone to the position. His reasons were that Barnard's appointment was not representative of the police's employment equity goals, said Senior Superintendent Johannes Phetolo Ramothoka while giving evidence on Monday and Tuesday. "He [Selebi] wanted to ensure that all units adhered to the Employment Equity Act, in line with the equity plans of the South African Police Service. "The appointment of the candidate [Barnard] was not going to be in line with equity guidelines. White females were already over-represented by five at salary level nine so her appointment would have meant an over representivity white females on that level," Ramothoka said. . .less by Sias and Noddy on November 20 2009, 11:27 Find this comment inappropriate? Report it

EE These two Caucasians (Noddy, Sias and others in your boat) think this world belong to whites. Your forced supremecy went to grave with your ancestors whom i believe burned in hell. It's unfortunate that blacks have to push for reconciliation whilst u . .more monkeys are only interested in critizing black achievements. The commissioner was right by not appointing this woman in a position that is already white fested. I am even sure that it was a white panel that recommended her for the post wich shows complete disregard for SAPS EE Policy. U are bitter with the fact that u are ruled by blacks whom u have for so many years treated as inferior (not based on their intellectuality but skin colour). Do what your fellow bros and sists did by emigrating to Australia/Canada. . .less by Reggy on November 20 2009, 12:02 Find this comment inappropriate? Report it

Constitution wins! The Constritution protects us all, even against the racist ANC. BEE has done this country more harm than good. I believe that this woman will win this case and that many more will follow. Two wrongs don't make a right. Why must white people now be . .more discriminated against?! Even those who were born after 1994?! I thought we started on a fresh page where everybody is equal?! What a load of bull! . .less by Ruan on November 22 2009, 23:08 Find this comment inappropriate? Report it

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