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South African Police Service v Barnard information


South African Police Service v Barnard
CourtConstitutional Court of South Africa
Full case nameSouth African Police Service v Solidarity on behalf of Renate Barnard
Decided2 September 2014 (2014-09-02)
Docket nos.CCT 01/14
Citation(s)[2014] ZACC 23; 2014 (6) SA 123 (CC); [2014] 11 BLLR 1025 (CC); 2014 (10) BCLR 1195 (CC); (2014) 35 ILJ 2981 (CC)
Case history
Prior action(s)
  • Solidarity obo Barnard v South African Police Service [2013] ZASCA 177 in the Supreme Court of Appeal
  • South African Police Services v Solidarity obo Barnard [2012] ZALAC 31 in the Labour Appeal Court
  • Solidarity obo Barnard v South African Police Services [2010] ZALC 10 in the Labour Court
Court membership
Judges sittingMoseneke ACJ, Skweyiya ADCJ, Cameron J, Froneman J, Jafta J, Khampepe J, Madlanga J, van der Westhuizen J, Zondo J, Dambuza AJ and Majiedt AJ
Case opinions
Decision by
  • Moseneke ACJ (Skweyiya, Dambuza, Jafta, Khampepe, Madlanga and Zondo concurring)
Concurrence
  • Jafta J (Moseneke concurring)
Concur/dissent
  • Cameron J, Froneman J and Majiedt AJ
  • Van der Westhuizen J

South African Police Service v Solidarity obo Barnard is a 2014 decision of the Constitutional Court of South Africa. It marked the first time that the Constitutional Court considered the constitutionality of employment equity measures. In a majority judgment written by Justice Dikgang Moseneke, the court upheld as lawful a decision by the South African Police Service not to promote a white woman on the basis that her elevation would not promote to the achievement of employment equity targets.

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