4.15 The State party disputes the author's contention that discrimination and racism
are institutional and systematic practices within the police service and that the
Minister does not take sufficient appropriate measures to counter them.
4.16 The author maintains, in particular, that the television news
programme Netwerk highlighted his situation and the institutional nature of
discrimination within the police service. However, he completely fails to make clear
what the drift of the documentary in question was and what conclusions should be
drawn from it. The State party therefore considers this reference irrelevant to the
discussion at hand.
4.17 The author wrongly maintains that the SAS Committee has the appearance of
bias as it was set up by the Minister of the Interior and the NPA. The SAS Committee
consisted of six independent individuals and neither the Government nor the NPA
had any influence on their work.
4.18 The Government saw the allegations of discrimination on the basis of ethnic
origin by the 21 ethnic minority students as grounds for setting up an independent
inquiry into the existence of any discrimination. The complaints were investigated
and recommendations were made to prevent discrimination in the future. All those
recommendations were followed. On the basis of these facts, it must be concluded
that the Government acted in accordance with article 2, paragraph 1 (b) and article
7 of the Convention.
4.19 The author was not selected for an individual investigation by the SAS
Committee. One important reason for this was that he had already been dismissed
when the Committee started its inquiry. But even if he had still been enrolled at the
NPA at that time he would still not have been eligible for selection as there were no
indications whatsoever that his poor results had anything to do with his ethnic
background. Notwithstanding that, the Minister of the Interior did investigate the
author's claim that his poor grades were attributable to discrimination on the part
of the teachers during the decision-making process surrounding his dismissal, up to
and including the hearing by the Central Appeals Tribunal.
4.20 The author does not substantiate his statement that he was dismissed as the
initiator of the "A cry for immediate help" and that the Central Appeals Tribunal
gave judgement on the basis of incorrect facts. As for his claim that the Minister did
not take the Boekraad Committee's findings into account when making his decision
on the author's objection, the State party emphasizes that the Minister did indeed
incorporate those findings in the review of his initial decision, but that they did not
give him any reason to reverse that decision.