DCS wants to enforce race targets despite court case - Solidarity

30 March 2015

Trade union Solidarity today accused the Department of Correctional Services (DCS) of unlawfully continuing to enforce its race targets despite an ongoing lawsuit between the trade union and the department over the latter's implementation of affirmative action.

In terms of new instructions communicated to the DCS's Human Resources managers, all DCS regional offices have to give preference to the national demography when appointing and promoting employees. The regional demography would only be considered by means of a special request to the National Commissioner. In a letter addressed to the department Solidarity urged the department to withdraw these instructions.

Solidarity maintains that the DCS should adhere to the Labour Court ruling given in February 2014 in terms which the department must take regional demographics into account as well. Meanwhile, the DCS has approached the Labour Appeal Court in Cape Town to set aside the ruling. Judgment in this appeal case, heard in Cape Town on 19 February, has been reserved.

"We have requested the DCS to withdraw their instructions until the Labour Appeal Court has given a ruling. We contend the instructions are typical of the manner in which the DCS regards court orders and that the department wants to undermine the legal process," Dirk Groenewald, head of Solidarity's Centre for Fair Labour Practice, says.

Moreover, Solidarity has not received an approved employment equity plan from the DCS to date and, therefore, instructions in this regard are not valid. "The DCS's current employment equity plan has expired and it must be superseded by a new one. Under labour legislation trade unions have to be consulted before the plan may be implemented," Groenewald says.

According to the DCS's controversial affirmative action plan the national demography has to be reflected at all job levels irrespective of the profile of the province or region. Accordingly, the numbers of coloured South Africans in the Western Cape, being 51% of the Western Cape's population, must be managed down to around 8,8%, which is the national percentage for coloured South Africans.

Statement issued by Dirk Groenewald, Head: Centre for Fair Labour Practices, Solidarity, March 30 2015

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