The Department of Correctional Services (DCS) is currently facing a number of legal challenges from White and Coloured officials in the Western Cape who have been blocked from promotions on account of their race (see City Press report for background).

The department is insisting that the department in the province should ultimately conform - at all levels - to the racial proportions of the population as a whole (79.3% Black, 9.3% White, 8.8% Coloured and 2.5% Indian). In order to meet these racial targets few, if any, promotions of White and Coloured officials are permitted. 

The DCS is pursuing this racially driven objective despite the fact that it already is, as a whole, more-or-less 'representative' of the economically active population of South Africa. According to the DCS' 20102-2014 Employment Equity Plan (EE Plan) in June 2009 14.1% of its officials were White, 69.96% Black, 14.27% Coloured and 1.67% Indian.

The Commission for Employment Equity states that SA's economically active population is 73.6% Black, 11% Coloured, 3.3% Indian and 12.1% White. (The racial breakdown of the EAP of the Western Cape is 28.3% Black, 55.6% Coloured, 0.4% Indian and 15.8% White (see here - PDF).)

Below is the text of the directive from DCS National Commissioner Tom Moyane, of June 2011, demanding that the department in the Western Cape implement "numerical goals... determined by analysing the national demographic profile of the economically active population as provided by statistics South Africa."

Department of Correctional Services

REPUBLIC OF SOUTH AFRICA

EMPLOYMENT EQUITY PLAN CIRCULAR NO 01 OF 2011/12

DATE: 2011.06.27 FILE NR: 5/8

TO: Chief Deputy Commissioners
Regional Commissioners
Deputy Regional Commissioners
Deputy Commissioners
Directors at Head Office
Regional Directors

FROM: Directorate Equity

SUBJECT: IMPLEMENTATION AND COMPLIANCE WITH THE DEPARTMENTAL (NATIONAL) EMPLOYMENT EQUITY PLAN: DEPARTMENT OF CORRECTIONAL SERVICES

1. Purpose

The purpose of this circular is to bring employment equity implementation to the attention of all managers in the department.

2. Background

The DCS is a national department as opposed to a provincial department and as such has one employment equity plan (EE Plan), also referred to as the DCS EE Plan or National Plan. The DCS EE Plan 2010-2014 requires Regions to develop their own "EE Implementation Plans" that are aligned to the National Plan, not regional plans.

3. Content related to background

3.1 Section 20 2(c) of the EE Act provides that:

An Employment Equity Plan must state where underrepresentation of people from designated groups has been identified by the analysis.
The numerical goals to achieve equitable representation of suitably qualified people from designated groups within each occupational category and level in the workplace have been determined.
The time table within which this is to be achieved and the strategies intended to achieve these goals.

3.2 The provision in the foot note refers to guidelines that are set and in the Code of Good Practice on the factors that should also be taken into account in determining numerical goals which must be set out in the Code of Good Practice.

3.3 The Act further indicates that factors listed in Section 42(a) are relevant to setting numerical goals in each organization.

3.4 The recent evaluations of the DCS EE Plan against the provisions of the EE Act and the Code of Good Practice has revealed the following:

The DCS EE Plan 2010-2014 numerical goals have been determined by analysing the national demographic profile of the economically active population as provided by statistics South Africa.
Underrepresentation of people from designated groups has been clearly indicated.
The EE Plan provides a breakdown of the numerical goals set to achieve equitable representation of suitably qualified people from designated groups within each occupational category and level in the DCS.
The National Plan also provides a time table as well strategies to ensure the realisation of equitable representation of designated groups within the workforce through numerical goals.

3.5 The set national numerical goals will be realised through the development of EE implementation plans by regions. This means that:-

Regions are not to develop their own regional plans based on the regional demographic profile of the economically active population but that the different regions are to develop own EE implementation plans to work towards realization of the national numerical goals set for the entire department (refer pages 5 and 12 (ii) & (iii)  of the approved EE Plan 2010-2014).

4. Action required

4.1 Chief Deputy Commissioners, Regional Commissioners, Deputy Regional Commissioners and all Directors are to ensure consistent implementation of the DCS 2010-2014 EE Plan/National Plan.

4.2 RCs are to ensure that regional EE Implementation Plans are developed (not regional plans) and are aligned to the National Plan. The same applies to Head Office, (branches) as clearly indicated in the approved DCS EE Plan 2010-2014 pages 5 and 12.

4.3 RCs and CDCs must ensure that deviations or any appointment that is against the EE Plan is effected by the National Commissioner as the only person mandated to do so by the approved DCS AA Programme. All scarce skills are considered where candidates from the underrepresented group are not available. Reasons for deviation request must thus be provided in a memorandum format. Non-discriminatory operational requirements/critical positions that are central to core business delivery may be considered by the National Commissioner.

4.4 Senior managers are to ensure that selection processes are EE plan driven and that Equity Targets are used as one of the short listing criteria as well as Section 20(3?) of the EE Act.

4.5 RCs, CDCs, DCs, RHs, Corp Services, DC HRM and Dir HRA&U must ensure that selection panel members are appointed in writing, are well represented in terms of Gender and Race and that at least (3) candidates are recommended for appointment.

4.6 Compliance with DCS prescripts such as the Acting Policy, AA Programme particularly Capacity Building and Coaching of the previously disadvantaged groups is to be ensured by RCs, CDCs, DC HRM and all managers.

4.7 Extensive education on the purpose, interpretation of the EE Act as well as the spirit of the Act is to be conducted with the assistance of the Equity managers and strategic partners to ensure common understanding of the emotive EE programme and to promote objective and effective implementation.

4.8 Monthly reports on appointments made are to be sent by regions and Branches to Directorate Equity (7^th of each month) including the number of requests on deviations made and outcomes.

Signed

National Commissioner: Correctional Services
T.S. Moyane
Date: 15 July (?) 2011

WESTERN CAPE REGION: EQUITY TARGETS JUNE 2011

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WESTERN CAPE REGION DISABILITY STATUS: JUNE 2011

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GLOBAL STATUS: WESTERN CAPE REGION

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