PREAMBLE

The Justice Department, led by the Minister of Justice, hereby acknowledges the existing inequalities, imbalances, prejudice and injustice of the past in the Department. Whereas there is a need to create a new dispensation is which all South African citizens will enjoy and exercise their fundamental rights and freedoms, the Justice Department through this policy document supports the core ideal of Affirmative Action and fundamental equal opportunity for all South African citizens.

A M OMAR, MP

MINISTER OF JUSTICE

CONTENTS

Glossary

Part 1

1. Introduction
2. Vision
3. Statistical composition per occupational class
4. Change

Part 2

5. Aims
6. Affirmative Action Principles
7. Procedures
8. Recruitment
9. Selection And Appointments
10. Training Development Of Staff And Orientation Of New Staff
11. Performance Evaluation/Assessments
12. Promotions
13. Procedures

Part 3

14. The Directorate of Employment Equity
15. Roles/Accountability of Managers
16. Financing
17. Consultation and Implementation
18. Communication
19. Support Structures
20. Monitoring mechanism

Part 4

Glossary

PART II

1. Introduction

Rationalisation is the key to Institutional Transformation to improve service delivery and legitimacy. Rationalisation of the Department cannot be done without taking representativity coupled with affirmative action measures into account.

1.1 The White Paper on the Transformation of the Public Service gives the following preamble on the need for representativeness:

"Representativeness is one of the main foundations of non-racist, non-sexist, and democratic society, and as such is one of the key principles of the new government. The Interim Constitution stresses the need for a 'Public Service broadly representative of the South African community' - section 212(2)(b) and Principle XXX of Schedule 4. Achieving representativeness is therefore a necessary precondition for legitimizing the public service and driving it towards equitable service delivery."

1.2 The parameters for a policy on Affirmative action and representativity are set in the equality clause of the Constitution, Section 8(1) and 8(3) of the Constitution Act 200 of 1993 and section 9 of the Proposed New Constitution. Regulation of this aspect should therefore be understood to guarantee the equality and the equal protection of all before the law by the prohibition of any form of unfair discrimination on the basis of race gender, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture or language. The constitutional directive instructs all structures and persons to put special measures in place so as to eliminate all the remains of systemic discrimination from society.

1.3 Affirmative action as a programme aimed at achieving employment equity, is an expression of this equality clause, rather than an exception to it. Its utility is social, and by that rejects any view that affirmative action is a source of discrimination. Its purpose is to be defined together with that of the Constitution, and is to be sought by reference to character and larger historical objects of the Constitution.

1.4 Disadvantaged people - Africans, Indians and Coloureds; women, particularly those from the black communities and persons with disabilities, irrespective of race or gender, were excluded from meaningful career development as well as in management echelon of the public service. The Government therefore seeks to improve the quality and equity of service delivery by drawing upon the skills and talents of all South Africans in order to derive the benefits of the broader perspectives that amore representative public service will bring.

2. The Department's vision

The Department's vision is to transform the administration of justice to create a system which is cheaper, simple, more effective, efficient and generally fair. N the end result will be a system which is representative of and responsive to the needs of the entire South African community. The Department has established that many black people and women have been excluded from positions in the administration of Justice for reasons unrelated to their ability. The vision and new system will offer diverse solutions ton the diverse needs of our multicultural society within the parameters of our Constitution. The envisaged system will also provide greater scope for community participation in the legal system. Overall, the Department is creating a system that does not make promises but delivers access to Justice to all regardless of race, gender, culture, economic status, sexual orientation or and any other quality.

To realise its vision, the Department will amongst other processes, use affirmative action as a strategy to achieve effectiveness and efficiency as well as achieving its constitutional obligation to ensure that the personnel reflects the demography of the entire South African society. The Department's approach is flexible and it is not the Department's intention to fill all posts with black persons and or women candidates at all cost but generally to reflect the demographics of the South African Community in all of its occupational classes and at all levels.

3. Statistical composition per occupational class

Presently the statistical composition per occupational class in the Department is as follows:

3.1 Personnel In The Management Echelon

4. The Department seeks to change:

1. the composition of some of the occupational classes to effect representativity wherever necessary;
2. the demographical composition of personnel which is the result of the previous constitutional order so as to create an integrated service broadly reflective of the South African population; and
3. to make appointments in the former Republic of South Africa so as to achieve representativity in line with the Constitution and Public Service White Paper.

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