Chairperson, the Preamble to the South African Constitution recognises the injustices of our country's past. The differentiation made between race groups was central to the divisions that existed and, to a large extent, still exist in our country and is, furthermore, a source of grave insult to the dignity of our people, particularly black people. In South Africa, these differences were prevalent in all spheres of society. They determined people's voting rights, where they could reside, where they could own property, their social status, the jobs for which they could apply, the amount of their pension and the quality of their children's education.
The objective of section 9 of the Constitution is to ensure that all people are equal, regardless of their conscience, religion, thought, belief or political opinion.
The Employment Equity Act recognises that as a result of apartheid and other discriminatory laws and practices, there are disparities in employment, occupation and income in the national labour market. These disparities cause severe disadvantages to certain groups and need to be corrected. Hence, section 2 of the Employment Equity Act defines beneficiaries of affirmative action as designated groups.
Section 1 of the Employment Equity Act defines designated groups to mean black people, women and people with disabilities. However, the Employment Equity Act continues and provides that the term "black people" is inclusive of Africans, coloureds, and Indians. With regard to the Employment Equity Act, it can thus be concluded that the apartheid system unfairly discriminated against Africans, coloureds, Indians, women and people with disabilities.
It is accordingly submitted that the Employment Equity Act's objective is to promote the constitutional right of equality and the achievement of a diverse and broadly representative workforce in South Africa, by affording equal opportunities to the designated group.
As a result, the Department of Correctional Services, among other departments, was compelled to produce an equity plan to adhere to the Employment Equity Act. Given recent newspaper reports, it is common knowledge that the equity plan of the Department of Correctional Services is the central point of a dispute between members of the Department of Correctional Services. This equity plan apparently resulted in the freezing of coloured appointments and promotions in the Western Cape and has also had the effect that no coloured regional commissioners and chief deputy commissioners were appointed in the Department of Correctional Services.
Our former President, Nelson Mandela, said the following, and I quote:
If we had any hopes or illusions about the National Party before they came into office, we were disabused of them quickly ... The arbitrary and meaningless tests to decide black from Coloured or Coloured from white often resulted in tragic cases ... Where one was allowed to live and work could rest on such absurd [classifications and] distinctions as the curl of one's hair or the size of one's lips.
Given the Department of Correctional Services' equity plan, it can safely be concluded that this plan portrays exactly what our beloved former President Mandela and others fought against. Former President Mandela also said the following during the Rivonia Trial, and I quote:
I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons will live together in harmony with equal opportunities. It is an ideal which I hope to live for, and to see realised. But, my Lord, if needs be, it is an ideal for which I am prepared to die.
The Department of Correctional Services' equity plan is clearly against the ideals of former President Nelson Mandela and what he envisaged.
We furthermore believe that the equity plan of the Department of Correctional Services is against the objectives of the Employment Equity Act, which envisages equal treatment of the designated groups, inclusive of Africans, coloureds, Indians, women and people with disabilities. The equity plan creates a policy of first among equals. The policy has no place in law or in morality. The offender population of the Western Cape is about 27 500 and, to a great extent, reflects the composition of the community of the Western Cape. It can thus be assumed that the majority are Afrikaans-speaking. The ultimate objective of the Department of Correctional Services is to rehabilitate offenders. If this is true, how can rehabilitation be achieved if those charged with that responsibility cannot speak the language of those who need to be rehabilitated?
Why should citizens of this country, and in particular members of Correctional Services who feel that they are wronged by this equity plan, go to court and seek relief just to be treated equally?
Why is it that the ANC-led government is unwilling to address this issue head-on and solve it in the interests of service delivery and nation- building? It is obvious that no political will and leadership exist in the ANC government to unite our diverse communities!
These members are not asking for preferential treatment - they are begging for equal treatment! [Interjections.] They are not asking for hand-outs - they are begging for an equal opportunity to make a contribution to a better South Africa. [Interjections.]