DA to consider legal action against MEC Dhlomo over proposed January 2019 KZN medical registrar intake
10 January 2019
The Democratic Alliance will consider legal action against KZN Health MEC, Sibongiseni Dhlomo and his Department following a leaked internal circular, dated September 2017, which alludes to a directive that all 100 posts for medical registrars for 2019 be filled with Black African candidates only (view here).
The circular further claims that the reason for the decision is in order to address the Department’s lack of compliance in terms of Employment Equity policy until now. It further states than in the event that there are no suitable Black African candidates for the 100 posts then they must be re-advertised until such time as they are filled.
While the DA fully supports addressing the imbalances of our past and creating a country, economy and job market that is inclusive and free from unfair discrimination, we wholly reject the application of quotas in terms of filling registrar posts.
While the process has already begun with interviews and authorisation of the filling of posts, it must be challenged and the DA will be considering legal action against the MEC and his Department should there be no consideration given to overturning this decision.
It is also the DA’s considered view that every individual affected by this quota system - resulting in their exclusion from accessing opportunities - purely on the basis of their skin colour, should approach the Equality Court to lay criminal charges against MEC Dhlomo.
It appears that after some 10 years at the helm of this critical Department – and after 25 years of ANC rule – that MEC Dhlomo and his cohorts have suddenly woken up and decided to try to rectify their own Equity inaction in one fell swoop. This is not in keeping with Equity Law, nor is it in the spirit of our country’s Constitution.
The MEC’s decision to ignore all other suitable candidates is also set to have a devastating impact on healthcare service delivery in the months to come.
The people of KZN have already suffered enormously under MEC Dhlomo. The many hundreds who died as a result of inadequate access to oncology treatment is testimony to this. That the MEC now wishes to block perfectly good applicants from filling these critical posts - thereby further reducing the quality of healthcare – is yet another indication of how little he and the failing ANC government in our province cares.
South Africa’s rich diversity is one of its greatest assets. Commitment to ensuring diversity is also in keeping with what our Constitution affirms - that South Africa belongs to all who live in it. As such, any attempt to redress the injustices of the past must also ensure that we remain committed to our Constitution and ensure that this diversity is represented.
Ours is not yet a fair society and in order for talent to be unleashed, in a fair society, all rights accorded to South Africans within the Bill of Rights must be upheld. There must be no exclusion - especially based on the colour of our skin.
MEC Dhlomo and his Department must ensure that they remain committed to these principles. If they refuse to do so, then legal action becomes a strong consideration. The DA will not stand idly by while this Human Rights violating MEC supports what is potentially illegal system.
Issued by Imran Keeka,DA KZN Spokesperson on Health, 10 January 2019
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