Constitutional perspectives on the judgments of the Labour Appeal Court and the Supreme Court of Appeal in Solidarity (acting on behalf of Barnard) v South African Police Services

Abstract

Save for a possible appeal to the Constitutional Court, the unanimous judgment of the Supreme Court of Appeal (SCA) in Solidarity (acting on behalf of Barnard) v South African Police Services (Vereniging van Regslui vir Afrikaans amicus curiae) (Case number 165/2013 delivered on 28 November 2013) has brought to a close a legal battle of more than eight years between Captain Renate Barnard and the South African Police Services (SAPS) on Barnard's promotion to the rank of superintendent. The saga surrounding Barnard's promotion began in 2005. It went through the internal grievance procedure, the Commission for Conciliation, Mediation and Arbitration (CCMA), the Labour Court (LC) and then the Labour Appeal Court (LAC). Barnard was successful in the LC (Solidarity abo Barnard v SAPS 2010 (10) BCLR 1094 (LC)) but on appeal by the SAPS to the LAC in South African Police Services v Solidarity abo Barnard (2013 (3) BCLR 320 (LAC)) she was unsuccessful. The judgment of the SCA was on appeal from a ruling of the LAC.