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The same post is advertised. Renate Barnard applies again and is invited to an interview. Again she is chosen by the selection panel as the most suitable candidate for the post. This time the Divisional Commissioner agrees with the panel's recommendation and writes an additional recommendation to the National Commissioner for Renate's appointment. However, the National Commissioner rejects the recommendation and the post is withdrawn for the second time in a row with the main reason that the appointment of a white female does not support the efforts of the SAP to reach their employment equity targets. A recommendation to advertise the post again (for the third time) is made in order to find a person of colour.

The same position is advertised. Renate Barnard applies for the third time. Before interviews could be conducted, the post is withdrawn.

Renate Barnard lodges an internal grievance of unfair discrimination on grounds of her skin colour. She handles the grievance herself with the assistance of her brother, Colonel (Adv) Johan Böning. The SAPD does not want to settle and after Renate receives a mediation certificate from an internal mediator, the case is referred to the CCMA.
The case is heard in the Labour Court in Johannesburg with Judge Paul Pretorius residing. Advocate John Grogan (SC) handles the case on behalf of Solidarity and Renate. During the court proceedings, which last four days, the Head: Employment Equity, Colonel Ramathoka's testimony is heard (the only state witness). The selection committee's chairman, General Major Abrie Burger testifies on behalf of Renate in court. Renate testifies on the last day. Judgment is reserved.
The case appears in the Labour Appeal Court in Johannesburg. Arguments are heard. Solidarity is represented by Advocate Grogan (SC) and Advocate Cassim (SC) represents the SAPS. Judgment is reserved.
The case is referred to the Supreme Court of Appeal in Bloemfontein. Advocate Martin Brassey acts on behalf of Solidarity and Renate.

Judgment in the Supreme Court of Appeal is in favour of Solidarity and Renate. The five appeal judges unanimously decide that the SAPS indeed discriminated unfairly against Renate by refusing to appoint her in the post at two occasions on grounds of their employment equity plan. The Court also mentions the fact that the SAPS did not appoint one of the two recommended black candidates in order to reach their targets. The SAPS is criticised for the withdrawal of senior posts and advertising them again in each case. According to the judgment, the National Commissioner of the SAPD is constitutionally bound to manage the police effectively and economically. The SAPS applies to refer the case to the Constitutional Court in Johannesburg. Application for leave to appeal is granted.

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