A landmark Labour Court judgment was handed down on Friday ordering the SA Police Service to promote Captain Renate Barnard after she was denied the career move because of her race.

"The failure to promote Barnard was a decision based on her race and constituted racial discrimination," the court found.

"It is not apparent that consideration was given to the applicant's [Barnard's] right to equality and dignity. There appears to be no consideration of her personal work history and circumstances."

Barnard, wearing an ankle-length green dress, emerged from the court with a broad smile on her face. She expressed relief at getting the job, which encompassed her life-long dream ? to serve the South African public.

"It was not an easy road, but I am so relieved," said Barnard, who comes from a family of police officers.

"Thank you to my Father in heaven and to [trade union] Solidarity."

The judgment stipulated that she be promoted to the rank of superintendent with effect from 27 July 2006. The SAPS was also ordered to pay Barnard's legal costs.

It was unclear whether she would occupy her new post when she returned to work, as SAPS was still studying the judgment to decide on a way forward.

"We are looking into the matter, we will be studying the judgment along with our legal team," said Nonkululeko Mbatha, spokeswoman for National Police Commissioner Bheki Cele.

"After carefully studying the document, I'm sure that will be the route we will be pursuing, but for now we cannot say for certain," she said when asked whether SAPS was considering appealing the decision.

'Absolutely delighted'

Solidarity general secretary Dirk Hermann described the judgment as a victory for all South Africans.

"We are absolutely delighted. The judgment brought about a new direction in affirmative action," he said.

"This means for the police service that merit is also critical for affirmative action."

Hermann said the police could bolster Solidarity's case on affirmative action if it appealed against the judgment.

"If they appeal, it opens up a path for us to a constitutional judgment as well," he said.

"... We have a battle to bring the public service back to the parameters of the Employment Equity Act.

"We believe that transformation must be within the parameters of the constitution... It's [the ruling] a step to the future... it's a protection of the SA constitution."

Hermann said Friday's judgment put Solidarity in a better position to win nine other, similar cases pending against the state.

"We believe that the state lost a lot of legal ground," he said.

Friday's judgment could be used as "good authority" in the future.

The remaining cases included one against the department of correctional services and eight against the SAPS.

Three of the cases against the police involve ex-police officers denied jobs on the basis of their race. The remaining five are similar to that of Barnard regarding promotion.

The ruling received a mixed response from other interest groups.

The Social Movement Against Racist Tendencies said it had "taken note" of the "upper-hand enjoyed by anti-transformation forces who use the courts to advance their hatred of transformation laws".

"We will register our displeasure if the court grant Solidarity union the right to reverse the need to ensure representivity within the police force," the organisation's leader Panyaza Lesufi said in a statement.

"We call on fellow South Africans to reject the criminalisation of representivity in our workplaces."

Freedom Front Plus labour spokesperson Anton Alberts said the party was "elated" by the ruling.

"This is the clearest sign that affirmative action's days are counted and that this policy should finally be brought to an end," he said.