|
COSATU Parliamentary Submission on theDraft White Paper on Affirmative Action Policy in the Public ServicePresented to the Portfolio Committee on the Public Service, 9 February 1998 |
Contents
COSATU welcomes the opportunity to address the Portfolio Committee on Public Service and Administration on the Draft White Paper on Affirmative Action in the Public Service (hereafter the ‘White Paper’). The hearings on the White Paper are conducted within the context of discussions on the Employment Equity Bill. The Employment Equity Bill has significant ramifications for all employers including the public sector. The Department of Public Service and Administration should be congratulated for taking a proactive step by developing this White Paper.
This submission is divided into two parts:
- A brief recap of COSATU’s approach to affirmative action, and
- A critique of certain aspects of the White Paper, offering a number of proposals.
Members of the Committee are encouraged to read this submission in conjunction with the COSATU submission on the Green Paper preceding the White Paper (the Green Paper on a Conceptual Framework for Affirmative Action and Management of Diversity in the Public Service, hereafter the ‘Green Paper’).
2. COSATU’s Vision on Affirmative Action
Affirmative Action is a necessary programme to redress the inequalities inherited from the previous dispensation. Apartheid inequalities in the labour market and society as a whole are well documented by several studies and needs no repetition here. It is imperative, however, to underline the fact that there is a close correlation between labour market inequalities and extra labour market inequities. For instance, unequal access to education reinforces employment disparities. The close relationship between labour market and extra labour market inequality provides a strong case for deliberate programmes to realise employment equity.
Accordingly, the repeal of discriminatory laws, though necessary, is not sufficient to achieve employment equity. The fact that inequality persists in South Africa in the absence of formal discrimination illustrates this argument. An effects-based-test of discrimination (raised in our submission on the Green Paper) is germane to continued effort to eradicate inequality and discrimination after the abolishment of formal inequality. In order to achieve this employers and all stakeholders are required to identify continuing patterns of discrimination even in the absence of discriminatory rules and practices. The assumption continues to be valid that South Africa's labour market, segmented so sharply along lines of race and gender, is a reflection of continuing and unequal employment patterns even in the absence of overt discrimination.
COSATU conceptualises affirmative action to be an integral component of a programme to democratise and restructure the workplace. Hence, it goes beyond a narrow focus to achieve representation purely at the management echelon. Rather, an emphasis is placed on integrating affirmative action with a comprehensive programme for employment equity at all levels of the workplace. The effects of focusing solely on changing management structure will be to leave the status quo intact, albeit with the participation of some individuals from the historically disadvantaged. A comprehensive employment equity programme should be geared towards:
- Closing the wage gap;
- Flattening hierarchies;
- Ensuring accessibility of the workplace;
- Transformation of management practices and organisational culture;
- Review of employment practices; and
- Developing career paths through effective training and education.
Affirmative action in the public service will positively contribute to the transformation of the labour market through helping to resolve the skills shortage. An artificial shortage of skills (especially amongst black people) was created by unequal access to education and training in both the labour market and education system in general. This shortage of skills puts a handbrake on our economy and is not sustainable in the long term. Therefore by committing resources to education and training, the public sector contributes in no small measure to developing our human capital.
It is important also to identify the linkages between affirmative action policies aimed at private sector employment practices; and public sector transformation:
- The private and public sectors should be required to work within the same regulatory environment in order to avoid distortions and the self-fulfilling prophecy of so-called public sector inefficiency,
- the existence of effective affirmative action programmes should be a part of criteria to be met by the private sector in government procurement policy, and
- affirmative action has to be linked with service delivery, as for many years service delivery has continued to be skewed in favour of a racial minority. It is imperative that service delivery should be extended to historically disadvantaged communities.
Apart from the morality of combating historic inequalities, and achieving a diverse and representative workforce, there is an economic logic to implementing affirmative action programmes. Inequality has resulted in under-utilization of our productive forces, especially labour. Consequently, participation in the economy is distorted and skewed in favour of historically privileged minority. This distortion undermines economic growth and sustainable development.
There are forces, particularly in the Democratic Party and business community, who are attempting to create a paranoia about affirmative action. We hope that white South Africans do not allow themselves to be lead up a dead-end road by people who are seeking to win their votes by using scare tactics, just as the old National Party used "rooi-gevaar en swart-gevaar", Tony Leon’s Democratic Party and their friends in business is now poisoning whites with "affirmative action-gevaar" and "transformation-gevaar".
Whites, and South Africans from other minority communities, must realise that their future lies with an expanded de-racialised economy. To be misled along a path of separatism and resistance to change at this juncture would be courting disaster. A non-racial society will only be built through corrective action which enables us to overcome our racist history. People who are trying to tell others that non-racialism is to be achieved through maintaining the status quo and leaving the inherited structures of privilege undisturbed are, indeed, trying to block off opportunities to the majority of people.
The tripartite alliance has never once wavered from the vision of a non-racial society. The DP is, therefore being disingenuous when it claims that "the ANC used the rhetoric of ‘non-racialism’ and reconciliation as big lies, primarily to diffuse any resistance by minorities until it had consolidated power". It is, in fact, parties from the old order who are trying to re-racialise South African politics in order to consolidate a white support base.
This is a dangerous and short-sighted route as it threatens to deepen South Africa’s racial schisms. But, what must be stated clearly is that no amount of mischief by the DP or other minority parties will distract the tripartite alliance from its course of actively transforming South Africa into a non-racial, non-sexist democratic and prosperous society. We trust that our fellow South Africans of all races will find it in their hearts to participate in this transformation process, building the foundations for long term successes as a nation.
3. Addressing the White Paper
Correct approach to affirmative action
To a large extent the White Paper has incorporated most of the issues raised above. There are positive aspects of the White Paper that we welcome. It makes a strong case for affirmative action to be integrated into national and provincial departments core business and human resource management and development policies and practices. This shift of emphasis is essential to integrate affirmative action in the mainstream employment policy, rather than the perception that it is an add-on programme.
Unlike the Green Paper, the White Paper provides practical guidelines and mandatory requirements on designing and implementing affirmative action programmes. The Green Paper was, however, useful in developing a framework on affirmative action in the public service. It made a strong case for linking affirmative action with service delivery. This linkage is critical to redressing past inequalities in the manner in which services were delivered. We call on the Parliamentary Committee on Public Service to see to it that the final White Paper reinstate this emphasis.
In addition, there are several positive developments in the White Paper, which we would like to highlight:
- the White Paper spells out ‘baseline targets’ for affirmative action programmes beyond the time-frames set in the White Paper on Transformation of the Public Service which can have the additional benefit of serving as a model to the private sector as to how it should implement employment equity,
- the White Paper commits the public service to developing a more diverse management culture and management practice review. The transformation of organisation culture is essential for the success of employment equity programme. Organisational environments are often insensitive to race-gender-disability differences. Consequently, turnover and job dissatisfaction is high in such environments. Turnover amongst black employees appears to be high in the private sector and a similar trend is emerging in the public service. At the core of this problem is dissatisfaction with work culture, and management styles; and
- the White Paper appreciates the need for a differentiated approach to implementing affirmative action to avoid a blanket-one-size fit all solution. This is important since inequality and discrimination is experienced differently by groups targeted for affirmative action.
Despite these positive aspects of the White Paper, there is a striking limitation which COSATU believes should be urgently addressed.
The White Paper is silent on the question of closing the wage gap. This is a serious omission as, firstly, the White Paper on Transformation of the Public Service commits government to closing the wage gap from the current ratio of "25:1 to a ratio of 12:1 or lower by 1999" and, secondly, corrective action in public sector employment must include efforts to close wage differentials inherited from the apartheid regime.
COSATU, therefore, recommends that questions of remuneration differentials be included in the employee profile to be developed by Departments and Provinces. We also call on the Parliamentary Committee on the Public Service to recommend that the following underlined section should be inserted into the draft White Paper’s section on employee profile (at p.12) to read as follows:
- "Departments must maintain accurate statistics, updated annually, in respect of each of black people, women and people with disabilities, on:
- The total number of employees in each group, broken down by rank, occupational; class and level of remuneration."
In our submission on the Green Paper we outline our critique of strategies used to restructure the public service. They are unduly influenced by cost-cutting measures to satisfy the rigid budget deficit targets contained in the government’s macro-economic strategy. Clearly such an approach hampers and undermines the implementation of affirmative action programmes.
COSATU has responded to those aspects of President Mandela’s speech, regarding retrenchments in the public service, by calling for a National Framework Agreement on Restructuring the Public Service. Our analysis being as follows:
"We are of the view that restructuring, particularly of public sector staffing levels, needs to be done in a way which enhances service delivery and transformation rather than retarding it. There should not be a mechanical approach to retrenchments which may, for example, lead to more clinics and schools, with fewer nurses and teachers to staff them. The victims of such retrenchments would precisely be such public sector workers engaged in service delivery, and poor communities; and not the apartheid-era bureaucrats who are soaking up public money. COSATU would strongly oppose a mechanical approach to retrenchments, together with our public sector unions.
The question of staffing of the public service needs to be directly related to the question of whether staffing matches the actual delivery needs in any area. Historically the apartheid state may have over-governed the majority, but chronically under-serviced them. Where there is understaffing in critical areas of delivery, there needs to be an actual expansion of personnel, or upsizing. Where a bloated bureaucracy exists, however, this clearly needs to be cut back, or downsized. There is still an absence of accurate data on the staff profile of the public service and an audit, identifying areas of wastage has yet to be done."
In the context of the implementation of the Medium Term Expenditure Framework it is important that the Department of Public Service and Administration develop a medium-term public service personnel strategy. The medium term personnel strategy should be based on the objective of achieving expanded service delivery in line with government’s constitutional obligations and its commitment to reconstruction and development. As COSATU has consistently argued, it would be completely incorrect to mechanically cut back staffing levels on the basis of an across-the-board formula which is informed by arbitrarily imposed macro-economic targets. The starting point must be: "What is needed for improved service delivery? How do we reshape the public sector accordingly?"
Unless there is effective affirmative action in the quantity, quality and accessibility of public sector service delivery - unless historically un-serviced and under-serviced communities come to be adequately serviced – then the concept of affirmative action in the staffing policies of the public service rings hollow and becomes meaningless.
In general, the principle of communication, participation and openness is welcomed. The shortcoming is failure to spell out how participation will be effected. In our submission on the Green Paper we proposed the establishment of affirmative action committees to provide a platform for staff to make an input on affirmative action programmes. The Department should investigate how these committees can be set up and their relationship with transformation units where they exist. Their powers and roles should be clearly spelled out.
Responsibility for Affirmative Action Programmes
The White Paper clearly delineates responsibility for affirmative action programme. This is an important step to ensure accountability and implementation. There is no clarity, however, on what will happen with Special Programmes Officers (SPOs). It is not clear whether they are to assume the position of affirmative action programme managers. The Department of Public Service and Administration should clarify their role.
We recommend that the Department of Public Service and Administration should assume the role of co-ordinating discussions with other organs of the public sector on developing affirmative action programmes. We believe that Parliament’s Public Service Committee should amend the Draft White Paper to the extent that this function be added to the list of roles for the Department identified in the White Paper (at Chapter 4, p.23).
Accountability for implementation
It is not necessary to rehash the White Paper position on accountability for implementation. It is incumbent upon Parliament and the Public Service Commission to monitor progress on the implementation of affirmative action programmes. Other mechanisms to ensure compliance as well as punish failure to implement affirmative action programmes will be addressed via the Employment Equity Bill. The Department of Public Service and Administration should make necessary adjustments to affirmative action policies as soon as the Employment Equity Bill is enacted.
In conclusion, we hope that the concerns and proposals raised in our submission will be taken on board. COSATU reserves the right to make further inputs as and when more information becomes available. We would also welcome the opportunity to discuss further the matters raised in this submission with members of the Committee and the Department.
