The Department of Correctional Services (DCS) has a policy of (ultimately) limiting the number of Coloureds and Whites at all levels of their employ in the Western Cape to the percentage that the White and Coloured population bears to the whole of the South African population. This means, in practice, that Whites and Coloured officials in the province are routinely denied appointments or promotions on the basis of their race.
This policy is in accordance with the ANC's historic African nationalist commitments, which date from the early 1960s (if not before) - albeit taken to their logical, and absurd, extreme.
The DCS' application of this policy is currently the subject of a number of legal challenges. In one case the Solidarity trade union has taken the department to the Labour Court to challenge its refusal to approve the appointment of Mr. P.J. Davids as Assistant Director of Human Resources Administration.
The document below contains the motivation by the DCS' Regional Head Corporate Services in the Western Cape requesting approval for a deviation from the Department's "Employment Equity Plan" (see here) so that Mr Davids could be appointed; and the reply from National Head Office.
We're publishing this document for two reasons. For South Africa readers it provides a useful insight into the causes of state dysfunctionality in the country. For British and American readers it is a useful corrective to the strangely enduring myth of the ‘non-racial' character of the African National Congress. Unfortunately, the likelihood that foreign newspapers - such as the Guardian and the New York Times - will actually report on this issue is vanishingly close to zero.
CONFIDENTIAL
Department of Correctional Services, Republic of South Africa
INTERNAL MEMO
DATE: 2010/12/10 FILE NR: 54/2/2
To: NATIONAL COMMISSIONER FROM: Acting REGIONAL HEAD CORPORATE SERVICES
SUBJECT: REQUEST TO EFFECT AN APPOINTMENT THAT IS IN DEVIATION TO THE EE PLAN OF THE DEPARTMENT OF CORRECTIONAL SERVICES: MR PJ DAVIDS: ASD HR ADMINISTRATION: ALLANDALE MANAGEMENT AREA: WESTERN CAPE REGION
1. PURPOSE
The purpose of this memorandum is to obtain approval from the National Commissioner to effect an appointment that is in deviation to the EE Plan of the Department of Correctional Services.
2. BACKGROUND
2.1 In terms of provisions of the Correctional Services Act. 111 of 1998 Section 3(5)(g), the appointment of personnel on the level of ASD at Management Area and Regional Office Level is delegated to the Deputy Regional Commissioner.
2.2. In terms of the National Commissioner's directive circular S/5/8/P dated 2010/09/02: the recommended candidate is not in line with the EE Plan of the Western Cape.
2.3 See attached appointment memorandum for the position, ASD Human Resource Administration Allandale Management Area.
Annexure A.
3. DISCUSSION
3.1 The post was advertised internally on 23rd and 26th of July 2010 in the Circular AD1: 1/7/2010 and externally in other Government Departments. The closing date for applications was 13th of August 2010.
3.2 The short listing process as well as the interviews was conducted procedurally by duly appointed panels.
3.3 Five (5) candidates were short listed and interviewed on 23rd September 2010. In this process, Mr P.J. Davids 1279982 (White Male) was strongly recommended as the first candidate for appointment in this vacant position. None of the other four (4) candidates were recommended for appointment.
3.4 Mr P.J. Davids 1279982 is however not in line with the EE Plan of the Department, in particular the Western Cape.
3.5 Beside the outcome of the HR Practices and Procedures as outlined in the appointment memorandum, Annexure A, the appointment of Mr. Davids and deviation from EE Plan is further motivated as follows:
3.5.1 Mr Davids is a 42 year old individual who joined the Department of Correctional Services in 1986. He currently holds the rank of SCO: CB
3.5.2 Mr. Davids possesses a National Diploma in Correctional Services Management. He has 24 years of experience in the field of HR Administration (1986-2010), and has recently migrated from HR Administration to the centre as Unit Manager. He still acts as Section Head HR Administration due to his extensive knowledge and experience in the field.
3.5.3 The candidate's profile attest to a person with high morals who believes in equipping himself with the relevant knowledge and experience that can benefit the DCS. The official has successfully completed the following courses relevant to the post of ASD: HR Administration;
- Persal Training (1993)
- Training official for Persal training (1997);
- Computer orientation course (2002)
- Performance Management (2003)
- EAP: Conflict Management (2003)
The official has received various awards for "Good Governance" and best HR Administration in the Region. Inspection- and auditors reports on his section portray excellent results. His leave record and performance assessment results in general speak of a loyal, dedicated official.
3.5.4 In the Western Cape region, Mr Davids is well known for his expertise in the field of salary administration, leave administration, service terminations and all areas of Persal Administration. He is often utilised to assist other management areas in this regard with tangible success. He forms part of the Regional crack team on leave and has completed various inspections in this regard with huge success. The official has furthermore been identified and nominated as the Region's representative to National workshops relating to the implementation of the various OSD's (in particular for Social Workers and phase II for Correctional Officials). In the process, he has identified various deficiencies in the implementation of the OSD's which were rectified.
4. FINANCIAL IMPLICATIONS
The official currently earns a salary of R210,000 per annum. (SCO:CB) If appointed, he will be appointed on a salary of R192,000 per annum (ASD: NCB). Thus, a drop in salary will be applicable.
5. PERSONNEL IMPLICATIONS
5.1 This post has been vacant for quite some time which has a negative impact on service delivery at Allandale.
6. RECOMMENDATIONS
6.1 Based on the discussions in paragraph 3 supra, it is recommended that this office be granted approval to deviate from the EE Plan.
6.2 Furthermore it is recommended that Mr. P.J, Davids (12799882) be appointed in the position of ASD: Manager Human Resources Administrator: Allandale Management Area: Western Cape Region.
7. For your attention, consideration and decision, please.
Signed
(Acting) REGIONAL HEAD: CORPORATE SERVICES: WESTERN CAPE
L. NOGQADA
Date: 2010.12.28
COMMENTS/RECOMMENDATION
Reasons prescribed above are sufficient grounds to deviate from the equity target. The filling of the position will also address the [unclear] of understanding or the HR budget. (Handwritten note)
Signed
Acting REGIONAL COMMISSIONER: WESTERN CAPE REGION
F ENGELBRECHT
DATE: 2010.12.29
****
Department of Correctional Services
REPUBLIC OF SOUTH AFRICA
SUBJECT: REQUEST TO EFFECT AN APPOINTMENT THAT IS IN DEVIATION TO THE EE PLAN OF THE DEPARTMENT OF CORRECTIONAL SERVICES: MR PJ DAVIDS: ASD HR ADMINISTRATION: ALLANDALE MANAGEMENT AREA: WESTERN CAPE REGION
8. Comments/Recommendations
National Commissioner's Instructions 5.4.2.2 requires that three candidates must be shortlisted and in the event that this is not complied with reasons must be furnished in line with recommendation made and forwarded to the Region on 6th October 2010 it is recommended that the region re-shortlist because there is a sufficient pool of candidates who possess Human Resource Management Public Administration, etc which are relevant qualifications to select from.
Headhunting of a candidate that speaks to the EE Plan could be considered as an alternative prior to re-advertising to save costs. Preferably headhunted candidates should come from the Western Cape to minimize transfer requests later, which tend to impact negatively on the EE Plan.
Signed
DIRECTOR EQUITY
BONANI A
DATE: [Unclear]
9. Recommendation:
It is recommended that the Post be readvertised. There is potential candidates to can address this imbalances (Handwritten note).
Signed
Acting DC: HRM
KHOZA E
DATE: 2010/2/2
10. Recommendation:
Re-advertisement is recommended and target equity [black African] candidates. (Hadwritten note)
Signed
ACTING CDC CORPORATE SERVICES
RASEROKA TB
DATE: [None]
11. Decision
I am in agreement with the comments above from Acting CDC Corp Services. (Handwritten note)
Signed
NATIONAL COMMISSIONER
MOYANE TS
DATE: [Unclear]
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