South African Police Service V Solidarity Obo Gibliography Case Study

In this discussion, I will critically analyze the judgement in the case of South African Police Service v Solidarity obo Barnard, this case was heard and decided on 2014 which touches the matter of discrimination which is treating a person, mostly unfairly on grounds of race, sex, gender, pregnancy, marital status, disability, religion, birth, and etc. Here the discussion will mostly focus on the facts of the case, followed by purpose of employment equity measures, with relevant provisions that are related to the case in hand, the judgement of the Constitutional Court and conclude the discussion. THE FACTS OF THIS CASE According to South African Police Service v Solidarity obo Barnard (2014) The matter before this Court was to adjudicate the claim of Ms. Barnard that she was, whether she was unfairly discriminated or not by the National Commissioner of the SAPS, when she was twice refused to be promoted to the office of superintendent in the SAPS. Then the question before the court is whether the reason of the National Commissioner of not promoting Ms. Barnard based on affirmative measures was fair or not. As in this case Ms. Barnard was said to be best qualified and best suitable for the post, but the reason of the National Commissioner was to promote racial representation on the salaried level and the post was not crucial to service delivery and that was the reason that Ms. Barnard found to infringing her …show more content…
1996. Constitution of the Republic of South Africa 1996.
South Africa. 2004. Minister of Finance and another v Van heerden 2004 (6) SA 121 ( CC).
South Africa. 2014. South African Police Service v Solidarity obo Barnard 2004 (6) SA 123 (CC).
South Africa. Employment Equity Act 55 of 1998.

• http://www.dpsa.gov.za/dpsa2g/documents/vacancies/2016/03/r.pdf
• https://www.westerncape.gov.za/other/2010/4/011-bulletin_g13-2010_3.pdf
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