The following article first appeared on Moneyweb, May 17 2007

JOHANNESBURG - The South African Police Service (SAPS) has put in place "stringent measures" in an effort to ensure a dramatic reduction in the percentage of white and Indian police officers at senior and mid-management level by 2010. These include subordinating all aspects of recruitment, selection, and promotion, to the attainment of strict racial (and gender) targets. This is according to the police's Employment Equity Plan for the period from January 2007 to December 2010.

The Minister of Safety & Security has confirmed, in answer to a parliamentary question from the Democratic Alliance, that this document, which was leaked to the media earlier this year, was official policy. The plan was circulated within the SAPS on the 15^th November last year. It has now been formally released to parliament by the minister.

According to the "vision statement" of the plan, the SAPS is "committed to ensuring broad representation of its Human Resources based on the racial, gender and disability demographics. This shall be implemented in all occupational categories/levels/classes nationally and provincially in relation to each and every workplace."

In his answer the Minister stated that the "ideal figures (National Demographic figures) with regard to race" set out in the plan "are based on the 2001 Census Report as the latest official document that provides population demographic figures i.e. 79% African, 9.6% White, 2.5% Indian, 8.9% Coloured."

The plan was originally leaked to, and publicised by, the Transvaal Agricultural Union (TAU) earlier this year. In a statement issued on the 25^th January the TAU said the "plan to completely transform the SAPS into a racially ‘representative' force by 2010 is set out in stark, unambiguous terms which would have done credit to any apartheid-era government document."

The plan states that "realistically" the percentage of white officers in top management can be reduced from the current 35 percent to 18.5 percent by 2010; and Indians from the current seven to five percent in the same period. At middle management level the proportion of white officers is to be reduced from 35 percent to 16 percent by 2010, and Indian officers from 5.5 percent to 3.5 percent.

In order to achieve these racial targets the "SAPS has to create capacity within the organisation" by making space for the promotion of black officers. It suggests that two possible means of doing this are by making use of "natural attrition" and putting in place "severance packages."

"Should cabinet approve severance packages" it states, "or any other similar programmes for the SAPS, the implementation or execution of such severance package programme should be geared to support" the goal of "redressing the imbalances in the organisation." Black SAPS members and officials should be appointed in "vacancies created by [non-black] personnel who take severance packages."

In its review of "affirmative action measures" already in place it states that "stringent measures" have been put in place to ensure that senior managers "comply with the SAPS numeric targets during recruitment processes." Advertisements "indicate that preference will be given" to those who will "enhance representation." Racial (and other) targets "inform all recruitment, promotion and appointment drives" and the "new promotion policy has been formulated in such a way that Employment Equity outcomes are considered."

The plan concludes, "Having gone through a period of initial transformation we are now intensifying the process using the vehicle of our Employment Equity Plan. Despite all the problems that plague the SAPS, there has been much progress, which we need to celebrate. However, much still remains to be achieved."

It is worth noting, purely for comparative purposes, that many of the provisions in the plan would be illegal in Great Britain. In terms of the British Race Relations Act (1976):

"It is unlawful for a person, in relation to employment by him at an establishment in Great Britain, to discriminate against another [on racial grounds]: in the arrangements he makes for the purpose of determining who should be offered that employment; or in the terms on which he offers him that employment; or by refusing or deliberately omitting to offer him that employment."

Similarly, it is also unlawful for an employer to discriminate against an employee: "in the terms of employment which he affords him; or in the way he affords him access to opportunities for promotion, transfer or training, or to any other benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or, by dismissing him, or subjecting him to any other detriment."

The British legislation states that: "A person discriminates against another in any circumstances" in terms of the Act if [inter alia]: "on racial grounds he treats that other less favourably than he treats or would treat other persons."

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