Report of Public Service Commission on Appointment of Cubans: consideration

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International Relations

23 February 2005
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Meeting report

 

FOREIGN AFFAIRS, AND PUBLIC SERVICE AND ADMINISTRATION PORTFOLIO COMMITTEES
23 February 2005
REPORT OF PUBLIC SERVICE COMMISSION ON APPOINTMENT OF CUBANS: CONSIDERATION

Chairperson (Foreign Affairs Portfolio Committee):
Mr D Sithole (ANC)
Chairperson (Public Service and Administration Portfolio Committee): Mr P Gomomo (ANC)

Documents handed out:
Public Service Commission briefing

SUMMARY
The Public Service Commission briefed the Committee on the appointment of professional Cubans in the South African public service. The Public Service Commission had been directed by the Minister of Public Service and Administration to respond to questions raised by the Freedom Front Plus. Members raised concern about the fact that half of the engineering posts in the public service were vacant. Further concern was expressed about the lack of a coherent department strategy with regard to the recruitment of foreigners. However, many questions raised by the Members could not be answered adequately by the Public Service Commission. The Committee was encouraged to engage with the relevant departments on these particular issues. Furthermore, the terms of reference of the Public Service Commission were clarified.

MINUTES

Public Service Commission briefing
The Public Service Commission had undertaken an investigation into the appointment of Cubans in the public service due to a request by Mr P Groenewald (FF+). The investigation had to respond to nine questions raised by the Freedom Front Plus. The findings had shown that the following departments were involved in the appointment of Cubans: the Departments of Housing, Water Affairs and Forestry, Education and Health. PERSAL had recorded a total of 1734 vacant engineering and related posts in the public service. Furthermore, out of 1482 engineering and related posts filled in the public services, 53 (1.65%) were occupied by foreigners.

With regard to the remuneration of Cubans, the provincial housing departments employed and remunerated Cuban professionals on a contract basis for three years. Clinical engineers employed in the Department of Health received direct remuneration from the department. Conversely, the Department of Water Affairs and Forestry used seconded Cuban professionals; hence, Cuba paid the salaries and the department a monthly stipend of R3000. Furthermore, PERSAL recorded a total of 26 Cuban engineering and related personnel with a gross annual income of R4.68 million per year.

The Commission had further investigated how widely the engineering posts had been advertised and how many affirmative action posts had been advertised. The Department of Housing had only advertised the engineering posts in Cuba, while the Department of Water Affairs and Forestry had not advertised any posts because the Cubans were seconded. The Department of Health had regularly advertised their posts but the quality of the applicants had not met the criteria.

Discussion
Mr D Gibson (DA, PC Foreign Affairs) commented that if there were vacant posts in the public service, it had to be ensured that no South Africans qualified for the posts before foreigners were recruited. However, if there was a lack of skills in South Africa, they had to import professionals from foreign countries. He further expressed concern that while 1737 engineering and related posts were vacant in the public service, only 1482 posts were currently filled. Hence, more than half of the engineering posts in the public service were vacant. He asked the Public Service Commission why this situation had been allowed to develop and what steps they had taken to try to recruit people locally. He commented that he had been approached by disgruntled South Africans who said that they had the required qualifications, but would not be appointed in the Civil Service because they were white. Hence, the impression was created that the public service preferred having vacant posts rather than employing white people.

Mr A Rapea from the Department of Public Service and Administration (DPSA) responded that anyone who felt discriminated against on grounds of their skin colour could approach the Public Service Commission. Issues could be dealt with there on an individual basis. He could not recall any case where somebody had not been recruited because he/she was white. The public service employed all their employees in line with the Employment Equity plan of the public service. When previously disadvantaged people did not have the required skills, they would appoint anyone who was qualified for the vacant position.

Mr M Sibande (ANC, PC Foreign Affairs) expressed concern about the shortage of instructors that could train medical equipment specialists in the Department of Health. He wondered why it took so long for the government to tackle a problem that had already been identified. Furthermore, he asked why it took the Department so long to fill the vacant posts. He highlighted that according to the report of the Public Service Commission, the medical equipment in public hospitals had deteriorated to alarming levels.

A Member asked the Public Service Commission to clarify the definition of scarce skills in order to avoid generalisation.

Mr R Ntuli (DA, PC Public Service and Administration) queried why the Departments of Housing, Water Affairs and Forestry, Health and Education approached the issue of recruiting foreigners in entirely different ways. He asked whether there was any substantive reason why there was no single coherent position in recruiting foreigners and filling the vacant posts. He further asked whether there was a plan of action to decrease the dependency on foreigners in the supply of scarce skills.

Professor S Sangweni from the Public Service Commission highlighted that many of the questions raised had to be discussed with the relevant Departments. The Commission’s task had been to find out the factual situation. He suggested that the Committees invite the Departments to pose their specific questions.

Mr Rapea emphasised that the issue of scarce skills could not be referred to one specific Department. The South African education system had serious problems. For instance, there were schools without maths and science teachers. Hence, there was already a lack of skills at school level. It had to be realised that it was not a public service problem but a countrywide problem. Both the Department of Education and the Department of Science and Technology were grappling with this problem. To attract and retain scarce skills in the public service, the Department had signed the Tasked Skill Framework with labour. He added that those who went to the rural areas had to be given incentives to stay. The Department also looked into specific professional skills that were scarce in the public service and their remuneration. Specific professions, for instance medical doctors or civil engineers, would have special salary structures.

He added that the Department had conducted a study with regard to the definition of scarce skills. In their HRV strategy, a number of problematic areas had been identified, for instance medical and engineering professionals, health professionals, economists, IT professionals, and maritime and aviation professionals. Statistics had shown that the highest turnover was found among legally qualified personnel with 30%. The average turnover in the public service was 9%. He added that the Department had been asked by the Governance and Administration Cluster to launch a project that dealt with a coherent policy with regard to the recruitment of foreigners because currently, there was a policy gap in this matter. The progress of this policy would be discussed within the next eight months so that a coherent approach to recruiting foreign employees could be developed.

Mr M Mataraj from the Public Service Commission pointed out that the Public Service Commission measured the Departments’ efficiency by how rapidly vacant posts were filled. The question of scarce skills had not only to be looked at in terms of their own capacity, but it also had to be realised that it was a global phenomenon. The problem stemmed from a lack of workforce planning over a period of 20-30 years in conjunction with tertiary institutions and the Department of Education. It had to be noted that the question of scarce skills could not be solved over a short period of time. Moreover, he highlighted that there was a reluctance among professionals to work in rural areas. This was a question of marketing and making the conditions for South African professionals more conducive. The Department of Health had addressed this problem by the introduction of the Scarce skills Allowance.

Mr P Mulder (FF, PC Foreign Affairs) commented that he was aware of the Public Service Commission procedures to deal with discrimination. However, from the Freedom Front Plus point of view, the Equality Act concentrated more on applying affirmative action than on addressing the disadvantaged. With respect to Cubans in the Civil Service, he asked whether there were definite categories when numbers on affirmative action had been projected or calculated.

Mr Groenewald (FF) thanked the Public Service Commission and the Minister of Public Service and Administration for addressing his request to investigate the appointment of professional Cubans in the South African public service. He highlighted that it was important that the Public Service Commission provided certain procedures that could be followed in cases of discrimination.

Mr Groenewald (FF) further commented that the report had not addressed the question whether the vacancies had been advertised as an affirmative action position. The Department of Health had stated that they would regularly advertise posts but that the quality of applicants did not meet the criteria. He queried where the posts had been advertised and how many applicants there had been. He asked the Public Service Commission when they would receive the final figures of the vacant posts advertised by the provinces because at the time of the investigation, they were still compiling statistics and gathering information. Finally, he asked whether the assessment by the South African Qualification Authority (SAQA) had been completed and what the outcome was.

Ms F Hajaig (ANC, PC Foreign Affairs) commented that there were 50 posts for chemical engineers, but that there were only four in the country. She highlighted that there was a dire need for chemical engineers and asked how this problem was tackled. She further queried how they could speed up their own trainees in South Africa. The training facilities in Cuba were excellent. She wondered how the South African tertiary institutions grappled with the problem of planning for the needs of the immediate future.

Ms A Njobe (ANC, PC Foreign Affairs) expressed concern that there was only one institution in South Africa to offer training for clinical engineers and technicians equivalent to the training in Cuba. Moreover, the shortage of instructors that could train medical equipment specialists had led to the deterioration of medical equipment in public hospitals. She wondered whether these findings would help to rectify the daunting situation. She asked whether the Public Service Commission would consult and interact with the Department of Education in the matter. She further queried whether the gross annual income of R4.68 million per annum for 26 Cuban engineering and related personnel was adequate.

Mr Mataraj replied with regard to the latter that each Cuban engineer and related personnel received R180 000 per annum per person and that this was adequate.

Mr K Bapela (ANC, PC Foreign Affairs) asked why Cuba had been singled out in the investigation into the recruitment of professionals in South Africa. Moreover, the mismanagement of schools in South Africa had to be dealt with urgently, and the discrimination of individuals investigated. They also had to look into the costs of bringing scarce skills into South Africa.

Professor S Sangweni reiterated that many questions raised could not be answered by the Public Service Commission. The Committees had to engage with the Departments of Health and Education on these issues.

Mr J Ernstzen from the Public Service Commission highlighted that the duties expected of the Public Service Commission were clearly identified in Section 195/196 of the Constitution. He explained that the Public Service Commission was an independent body engaged in monitoring and evaluating policies and practices. The Public Service Commission was not responsible for the affirmative action policy, but the Cabinet. Prior to the Employment Equity Act, advertisements used to state whether the vacancy was an affirmative action post. Subsequent to the promulgation of the Act, compliance with the Employment Equity Act had been required. He highlighted that with regard to discrimination, the Public Service Commission had the legislative power to make rules for the handling of grievances. If any individual employee felt discriminated against, certain prescribed steps had to be followed so that the grievance could be attended to. In terms of the Labour Relations Act, in case of dissatisfaction with the response of the Public Service Commission, the aggrieved party could take the matter to the Council for Conciliation, Mediation and Arbitration (CCMA), the labour court or the labour appeal court. Nevertheless, the Public Service Commission could guide the aggrieved party to the channels that had to be followed.

Mr J Ernstzen further explained that the Public Service Commission, because they had followed a certain methodology of extracting statistics, were unsure about how many Cubans were included in the statistics.

Mr Rapea commented that foreigners were not included in the affirmative action statistics. With regard to the recruitment process of the DPSA, they advertised in line with the Employment Equity Act. Whenever no previous disadvantaged person qualified for the post, the vacant position would be advertised again.

Mr Ramgobin (ANC, PC Foreign Affairs) commented that the recruitment of Cubans for the public service could not be viewed without taking into account the socio-economic contradictions that existed in South Africa.

Mr K Minnie (DA, PC Public Service and Administration) queried whether the Minister or the Public Service Commission was responsible for filling the 1734 vacant engineering and related posts in the public service. As a co-ordinating body, the Public Service Commission had to start taking responsibility. He asked whether there was a specific implementation plan to fill the vacant posts.

Mr P Groenewald (FF) commented that he understood the position of the Public Service Commission and their terms of reference. However, this investigation had highlighted problems that needed to be addressed with urgency. The Minister of Foreign Affairs had publicly announced the treaty between Cuba and South Africa and should thus be able to explain why Cuba had been singled out.

Mr Mulder (FF, PC Foreign Affairs) commented that many white young people queried why they were not appointed for the vacant posts. Affirmative action risked alienating a new generation. If affirmative action positions were advertised without allowing certain people to apply, the perception was created that these posts were filled with foreigners instead of South Africans. Hence, the young generation had to be assured that South Africans would be prioritised and that foreigners would only be appointed if no South Africans possessed the required qualifications.

The Chairperson of Public Service and Administration suggested a one-day conference to discuss the issues raised by the Members further.

The Chairperson of Foreign Affairs emphasised that the Public Service Commission was not a recruitment agency and reiterated that its functions were articulated in the Constitution. He explained that any person who applied for a job in terms of the Labour Relations Act and the Employment Equity Act was regarded as an employee. Thus, in case of discrimination, the grievance procedures could already be made use of at the stage of application. With regard to why the South African government wanted to recruit Cubans and not other foreigners, the Chairperson highlighted the historical relationship between Cuba and South Africa.

Mr P Groenewald (FF) queried whether the grievance procedures of the Public Service Commission could only be followed by an employee or also by a person who was not an employee of any government department. Professor S Sangweni replied that the grievance procedures were only for government employees. However, as soon as an applicant was invited for an interview, he/she was regarded as an employee and would thus be able to follow the grievance procedures of the Public Service Commission.

The meeting was adjourned.


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