The Labour Court has reserved judgment in the case of a police captain who claims to be a victim of affirmative action.

Captain Renate Barnard and trade union Solidarity are challenging the police's affirmative action policy after Barnard was denied promotion twice. She argues this is because she is white. Barnard first complained internally in June 2006 after she was informed that the position was frozen. After having received what she calls unsatisfactory responses she took the matter to the CCMA but the responded did not attend the hearings. She did not get the post although she was twice recommended by the interviewing panel.

The recommendations were discussed with the Divisional Commissioner the National Commissioner respectively who decided not to fill the position because appointing Barnard would have contributed to over representation of white females. The post was then permanently frozen. Barnard decided to file a complaint but lost the battle. She then approach the CCMA and the Commission referred the matter to the Labour Court.

The legal battle began on Monday. Presenting final argument Barnard's counsel adv Johan Krogan said the decision by the National Commissioner not to promote his client was unfair. Adv Krogan says Barnard could not get the post because she is a white female. Krogan says the SAPS failed to adhere to its equity plan because Barnard is a female and therefore falls under the designated group. He argued that from the evidence presented before court Barnard had shown to be a dedicated officer who deserves to be promoted to a senior position. He added that his client is a victim of unfair labour practice and racial discrimination. He further says had Barnard been a black female she would have been promoted to a Superintendent level.

In response, SAPS lawyer William Mokhare says Krogan's allegations of racial discrimination are baseless. Mokhare says in making such allegations Krogan overlooked the fact there was already over representation of white females within the National Inspectorate division. Mokhare says the decision by the commissioners not to appoint Barnard was legitimate. He added that there was not element of discrimination because the post was not filled by either a black candidate. He concluded his submissions by asking the court to dismiss Barnard's application because her discrimination claim does not hold water.