"Solidarity, representing Oosthuizen, welcomes the decision of the North West Regional Court, which sat in Stilfontein, finding the two members guilty of assault, defeating the ends of justice, perjury, and crimen injuria," the trade union said in a statement on Sunday.

In 2017, Oosthuizen instituted disciplinary steps against two officers under her command who had failed to report for duty without having the necessary permission or applying for leave.

"In their response to the disciplinary steps, the two warrant officers opened a case of crimen injuria against Oosthuizen, contending that she had used the k-word to refer to them. A former intern, Ms Sechele who came forward to testify against them, was also intimidated, but notwithstanding her personal safety and her own career security she persevered to testify, refuting the false claims of racism made by the two warrant officers."

Then, on the insistence of the Police and Prisons Civil Rights Union (Popcru), Oosthuizen was subjected to an internal investigation and hearing despite Sechele’s testimony. Solidarity represented Oosthuizen all along and in the internal hearing she was found not guilty of all charges of misconduct.

In the hearing it was also found that the warrant officers and their witness had blatantly lied under oath. Notwithstanding the finding, the SAPS had not instituted any departmental action against the two warrant officers for their unlawful action to date. In this regard, Solidarity had referred a labour dispute under the Employment Equity Act to the Labour Court in Johannesburg on behalf of Oosthuizen.

“The ruling in the criminal case is not only a victory for Lt-Col Oosthuizen and Solidarity, but for every person in the public sector who is accused of or incriminated on false charges of racism,” Solidarity sector coordinator Renate Barnard said in the statement.

"It sends a clear message to the employer, in this case the public service, that racism towards white employees is a reality and that it should be viewed in the same serious light as racism towards black people is viewed,” she said.

While Solidarity welcomed any campaign against racism, such campaigns could not address racism successfully by singling out only one race. The ANC, as the governing party and wanting to fight racism, had to bear in mind that in this particular instance, and in many others, it had been the employer itself that failed to act against all forms of racism.

"It is shocking that police officers in the police service have made themselves complicit of such actions. It is even more shocking that the employer has failed to act. Failure by the employer to act against misconduct, and especially racism, calls into question its competence and it begs the question whether it has not been deliberate,” Barnard said.

Sentencing in the criminal case, which had lasted more than three years, was expected to be handed down on June 19.

“We are pleased by the ruling and that justice finally prevailed. We are also grateful to Ms Sechele who took a stand for truth and justice. This case sets a clear precedent in our fight against discrimination, and especially racism and double standards in the SAPS,” Barnard said.

African News Agency