oa De Jure - Constitutional perspectives on the judgments of the Labour Appeal Court and the Supreme Court of Appeal in : recent case law

Volume 47, Issue 1
  • ISSN : 2225-7160



Save for a possible appeal to the Constitutional Court, the unanimous judgment of the Supreme Court of Appeal (SCA) in (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 ( 2010 (10) BCLR 1094 (LC)) but on appeal by the SAPS to the LAC in (2013 (3) BCLR 320 (LAC)) she was unsuccessful. The judgment of the SCA was on appeal from a ruling of the LAC.

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