Carol Paton reports that the SA Police Service (SAPS) has referred last year's landmark ruling by the Supreme Court of Appeal on affirmative action, which found the imposition of racial quotas unfair and illegal, to the Constitutional Court for further deliberation. Trade union Solidarity, which represented the applicant in the case, Capt Renate Barnard, said on Tuesday it had received papers from the SAPS indicating its intention to appeal November's ruling. Barnard was twice denied promotion on the grounds of race, despite being the strongest candidate. The application of a rigid numerical formula to achieve employment equity in the workplace was ruled unfair under the constitution. The judgment specifically pointed out that the act outlaws the use of racial quotas and allows only the setting of flexible targets. Solidarity executive officer Dirk Hermann said the union was shocked by the SAPS's decision to defend what was clearly "an unlawful practice".
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