SA’s commissioner of correctional services, Tom Moyane, is being challenged in court about his racial-hiring directive denying most qualified whites and coloureds access to the 7,299 jobs in the Western Cape prison service: only because of their race…
Text of Tom Moyane’s instructions to his Western Cape department (below) orders that nationwide racial demographics must be used - despite the fact that the Western Cape ‘s population is only 28.3% Black (nationwide average 79.3%) 55.6% Coloured (nationwide 14.27%); 0.4% Indian (1.67% nationwide) and 15.8% White (12.1% nationwide). The result of his order is that only ‘pure-black Africans’ and a handful of Indians now would qualify for jobs in his department in the Western Cape. Many ‘coloured’ and ‘white’ people face losing their jobs in the prison service in the Western Cape: they are the ‘wrong race’ and must be replaced with ‘pure-African blacks’…
March 2012 - Cape Town. 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 only of their race: (City Press report).
Commissioner Tom Moyane is insisting that the department in the province should ultimately conform - at all levels - to the nationwide racial proportions of the population as a whole (79.3% Black, 9.3% White, 8.8% Coloured and 2.5% Indian).
However this directive forms an integral part of the ruling ANC-regime’s job-restriction laws for whites and coloureds nationwide for all government and private-sector jobs: The only way in which whites now can earn a living for their families, is to become small entrepreneurs: if they however own businesses with more than 10 employees, they will be forced to hire a black-African ‘co-director’.
All whites, including women and disabled, barred from job market by law:
Will SA reactor plans by strangled by ‘black-African racial purity hiring laws of ANC?
To meet these racial targets set by Moyane, there is a near-total ban on promotions of White and Coloured officials in the Western Cape’s prisons. He is pursuing this racially driven objective despite the fact that the WC prison service already is' representative' of the economically active population of South Africa: peruse report
According to the DCS' 20102-2014 Employment Equity Plan (EE Plan) in June 2009, there were 14.1% White officials; 69.96% Black, 14.27% Coloured and 1.67% Indian.
The Commission for Employment Equity states that SA's economically active population countrywide is 73.6% Black, 11% Coloured, 3.3% Indian and 12.1% White.
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
Deputy Regional Commissioners
Directors at Head Office
FROM: Directorate Equity
SUBJECT: IMPLEMENTATION AND COMPLIANCE WITH THE DEPARTMENTAL (NATIONAL) EMPLOYMENT EQUITY PLAN: DEPARTMENT OF CORRECTIONAL SERVICES
The purpose of this circular is to bring employment equity implementation to the attention of all managers in the department.
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 (7th 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 DEPT EQUITY TARGETS JUNE 2011:
url sources above: