EVALUATION OF THE EFFECTIVENESS OF THE RECRUITMENT AND SELECTION SYSTEM OF THE PUBLIC SERVICE - PUBLIC SERVICE COMMISSION OCTOBER 2018
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EVALUATION OF THE
EFFECTIVENESS OF THE
RECRUITMENT AND SELECTION
SYSTEM OF THE PUBLIC SERVICE
PUBLIC SERVICE COMMISSION
OCTOBER 2018
Published in the Republic of South Africa by:
THE PUBLIC SERVICE COMMISSION
Public Service Commission House
Office Park Block B
536 Francis Baard Street
Arcadia
Private Bag X121
Pretoria, 0001
Tel: +27 12 352-1000
Fax: +27 12 321-3348
Email: info@opsc.gov.za
Website: www.psc.gov.za
National Anti-Corruption Hotline for the Public Service:
0800 701 701 (Toll-Free)
Compiled by Branch: Leadership and Management Practices
Distributed by: Directorate Communication and Information ServicesFOREWORD
The Public Service Recruitment and Selection (R&S) System forms an integral part of a
comprehensive human resource management and development framework. The purpose of
the R&S System is to build the capacity of the Public Service through ensuring the optimal fit
between the capacity needs of the employer and the skills and competencies of the employee.
The South African government has put in place the R&S System whose goals and objectives,
amongst others, include the transformation of the Public Service by ensuring that public
administration is broadly representative of the South African population. Underpinning the
R&S System are practices and procedures that promote, amongst others, objectivity, fairness,
transparency and equity within a decentralised, open and competitive environment.
The R&S System is aligned to the values and principles that underpin public administration in
section 195 of the Constitution of the Republic of South Africa. The effective implementation
of the R&S System is expected to contribute towards a developmental, capable and
professional Public Service that is capable of delivering quality service in an effective and
efficient manner.
The Public Service Commission (PSC) has conducted a study to evaluate the extent to which
the R&S System has achieved the objectives of ensuring that the Public Service is
transformed, capacitated and broadly representative of the South African people since the
democratisation of South Africa in 1994.
The PSC thanks all Heads of Department and their Human Resource Management and
Development (HRM&D) units for cooperating with the PSC during the collection of data for
this study.
The PSC is hopeful that the findings presented in the report and the accompanying
recommendations will inform the review of the policies and implementation of the R&S
processes in the Public Service.
________________________
MS MOIRA MARAIS-MARTIN
COMMISSIONER
iACKNOWLEDGEMENTS
The PSC would like to acknowledge the following stakeholders who took time to participate in
the study:
National and provincial Heads of Department, and
Their Human Resource Management and Development (HRM&D) Units.
Project team leader:
Ms Amanda Kelengeshe
Project team members:
Dr Manase Mokgolo and Mr Lusani Madzivhandila
Project support team:
Mr Xolani Siko (Eastern Cape); Mr Sisa Mlisana and Ms Ntshebo Koetle (Free State); Mr
Bruce Lukhozi and Ms Thembisa Letsoko (Gauteng); Ms Nokuthula Mukeba (KwaZulu-Natal);
Mr Bongani Ndlovu (Limpopo); Mr Oduetse Makgari (Northern Cape); Dr Dorcas Lesenyeho
(North West); and Mr Ronald Erasmus (Western Cape).
iiTABLE OF CONTENTS
FOREWORD ......................................................................................................................... i
ACKNOWLEDGEMENTS ..................................................................................................... ii
LIST OF ACRONYMS ......................................................................................................... vi
EXECUTIVE SUMMARY .................................................................................................... vii
CHAPTER 1: INTRODUCTION ............................................................................................ 1
1.1 BACKGROUND ...................................................................................................... 1
1.2 OBJECTIVES OF THE STUDY ............................................................................... 2
1.3 THE MANDATE OF THE PUBLIC SERVICE COMMISSION.................................. 2
1.4 METHODOLOGY .................................................................................................... 3
1.4 LIMITATIONS OF THE STUDY .............................................................................. 3
1.5 ETHICAL CONSIDERATIONS................................................................................ 3
1.6 STRUCTURE OF THE REPORT ............................................................................ 4
CHAPTER 2: LEGISLATION AND REGULATORY FRAMEWORK..................................... 5
2.1 INTRODUCTION ..................................................................................................... 5
2.2 OVERVIEW OF PUBLIC SERVICE LEGISLATION AND REGULATORY
FRAMEWORK ........................................................................................................ 5
2.2.1 Constitution of the Republic of South Africa, 1996 ................................................... 5
2.2.2 Public Service Act, 1994, as amended .................................................................... 6
2.2.3 Public Service Regulations, 2001 ............................................................................ 7
2.2.4 Public Service Regulations, 2016 ............................................................................ 8
2.2.5 Labour Relations Act 66 of 1995, as amended ........................................................ 9
2.2.6 Basic Conditions of Employment Act 75 of 1997, as amended .............................. 10
2.2.7 White Paper on the Transformation of the Public Service, 1995 ............................ 11
2.2.8 White Paper on Human Resource Management in the Public Service, 1997 ......... 12
2.2.9 Employment Equity Act, No. 55 of 1998, as amended ........................................... 14
2.2.10 The Senior Management Service Handbook, 2003 ............................................... 16
2.2.11 Public Administration Management Act No 11 of 2014 ......................................... 16
2.3 OVERVIEW OF PRESCRIPTS ............................................................................. 17
iiiCHAPTER 3: FINDINGS .................................................................................................... 18
3.1 INTRODUCTION ................................................................................................... 18
3.2 PROFILE OF RESPONDENTS ............................................................................. 18
3.2.1 Survey questionnaire response rate ...................................................................... 18
3.2.2 Employment equity and recruitment and selection documents received ................ 19
3.3 CONTRIBUTION OF THE RECRUITMENT AND SELECTION SYSTEM TOWARDS
THE ACHIEVEMENT OF A BROADLY REPRESENTATIVE PUBLIC SERVICE . 20
3.3.1 Existence and alignment of R&S policies to legislation .......................................... 20
3.3.2 Employment equity profile in the Public Service .................................................... 20
3.3.3 Management of broad representation in the Public Service and related challenges ..
............................................................................................................................. 25
3.3.4 Employment equity targets classification ............................................................... 26
3.3.5 Application of Section 20 (3) (d) of the Employment Equity Act (EEA) ................... 29
3.3.6 Competence versus equity during recruitment and selection ................................. 31
3.4 DECENTRALISATION OF RECRUITMENT AND SELECTION PROCESSES AND
METHODS OF ENSURING OBJECTIVITY, FAIRNESS, CONSISTENCY AND
QUALITY .............................................................................................................. 32
3.4.1 Objectivity in selection methods ............................................................................ 33
3.4.2 Internal versus external recruitment and selection methods in the Public Service . 35
3.4.3 Effectiveness of the HR units’ advisory role to the selection panels ....................... 35
3.5 THE EFFECTIVENESS OF THE OPEN COMPETITION PRINCIPLE IN ENSURING
THE APPOINTMENT OF PEOPLE WITH THE ‘REQUISITE’ POTENTIAL, ABILITY
AND ‘FIT’ TO IMPACT POSITIVELY ON THE PERFORMANCE OF A
DEVELOPMENTAL PUBLIC SERVICE ................................................................ 36
3.5.1 The open competition principle .............................................................................. 36
3.5.2 The impact of MPSA’s 2015 Directive on Minimum requirements .......................... 37
3.5.3 Challenges that hinder the effective implementation of the recruitment and selection
system................................................................................................................... 38
3.5.4 Key policy changes and strategic proposals .......................................................... 39
3.6 SUMMARY OF FINDINGS .................................................................................... 40
ivCHAPTER 4: CONCLUSION AND RECOMMENDATIONS ............................................... 41
4.1 INTRODUCTION ................................................................................................... 41
4.2 CONCLUSION ...................................................................................................... 41
4.3 RECOMMENDATIONS ......................................................................................... 42
LIST OF FIGURES
Figure 1: EE targets classification ..................................................................................... 27
LIST OF TABLES
Table 1: Survey questionnaires received from national and provincial departments ........... 18
Table 2: Overview of employment equity and recruitment and selection documents received
.............................................................................................................................. 19
Table 3: Employment equity statistics by gender and race within the Public Service .......... 21
Table 4: Employment equity in the Public Service by gender and persons with disability ... 22
Table 5: Employment equity EE Statistics by salary level, race and gender within the Public
Service for the 1st Quarter of 2018/2019 ................................................................ 24
Table 6: Strengths and weaknesses of EE targets classification categories ....................... 27
Table 7: Application of Section 20 (3) (d) of the EEA during the recruitment and selection
process .................................................................................................................. 30
vLIST OF ACRONYMS
AGSA Auditor-General of South Africa
BCEA Basic Conditions of Employment Act
CCMA Commission for Conciliation, Mediation and Arbitration
CIPC Companies and Intellectual Property Commission
DG Director-General
DDG Deputy Director-General
DPME Department of Planning, Monitoring and evaluation
DPSA Department of Public Service and Administration
EA Executive Authority
EAP Economically Active Population
EE Employment Equity
EEA Employment Equity Act
HR Human Resource
HRM Human Resource Management
HRM&D Human Resource Management and Development
HoD Head of Department
LRA Labour Relations Act
MMS Middle Management Service
MPSA Minister for Public Service and Administration
OSD Occupational Specific Dispensation
PERSAL Personnel Salary System
PAMA Public Administration Management Act
PSA Public Service Act
PSC Public Service Commission
PSR Public Service Regulations
R&S Recruitment and Selection
SAPS South African Police Service
SAQA South African Qualifications Authority
SMS Senior Management Service
SSA State Security Agency
STATS SA Statistics South Africa
viEXECUTIVE SUMMARY
Since the dawn of democracy, the democratic government has put in place a Recruitment and
Selection (R&S) System for the Public Service whose goals and objectives include the
transformation of the Public Service by ensuring that public administration is broadly
representative of the South African people, with employment practices based on ability,
objectivity, fairness and the need to redress the imbalances of the past. The R&S procedures
in the democratic dispensations have to be fair and transparent within a decentralised, open
and competitive environment.
The PSC is mandated in terms of sections 196 (4) (b) and (196) (f) (iv) of the Constitution of
the Republic of South Africa to investigate, monitor and evaluate adherence to applicable
procedures, propose measures to ensure effective and efficient performance, and advise
national and provincial organs of state regarding personnel practices in the Public Service. As
part of its oversight mandate, the PSC is required to ensure that practices related to
recruitment, selection, appointments, and discharge as well as other career related matters
regarding employees in the Public Service are managed fairly.
Informed by this mandate, the PSC has over the years conducted a number of compliance
assessment studies in the area of R&S procedures and it has also dealt with several
complaints and grievances related to non-compliance with recruitment and selection (R&S)
procedures in the Public Service. Based on its work in these areas, the PSC has issued
recommendations to address the issues emanating from the R&S procedures, complaints and
grievances. The persistence of challenges in the implementation of the R&S processes and
procedures could be viewed as an indication that the recommendations made in various PSC
reports and other external reports are not implemented or the recommendations made are
inadequate to effectively resolve challenges. It is against this background that the study to
evaluate the effectiveness of the Public Service R&S System was undertaken by the PSC.
The objectives of the study are: to determine whether the R&S System has contributed
towards the achievement of a broadly representative Public Service in South Africa; to
determine whether the decentralised R&S processes and methods utilised are sufficient
enough to ensure objectivity, fairness, consistency and quality; and to determine whether the
application of the open competition principle is effective in ensuring the appointment of people
with the ‘requisite’ potential, ability and ‘fit’ to impact positively on the performance of a
developmental Public Service. The scope of the study included all national and provincial
departments. Heads of Department (HoDs) were provided with a questionnaire for completion
with the support of their respective HRM&D Units.
viiKey findings of the study are the following:
The findings demonstrate that the R&S System, which forms an integral part of the
Public Service HRM framework, has been, to some extent, effective in ensuring that
employment equity is achieved in the Public Service. At the national level, racial targets
have been achieved, but there are instances of over- or under representation of
specific racial and ethnic groups in some provinces and departments. However, the
representation of women at the SMSs level and persons with disabilities across the
Public Service remains a challenge even though few departments have achieved the
set targets.
Decentralisation and delegations of power do not necessarily condone unfairness and
subjectivity in the process of recruitment and selection, however, the lack of
standardised job requirements for most of the jobs, occupations and trades in the
Public Service can result in inconsistent selection requirements. In addition, the open
competition system utilised in the Public Service remains relevant as it enables
departments to recruit and appoint suitable candidates from the widest possible pool
of talent.
The findings show that the open competition principle needs to be limited to entry level
positions for all jobs, occupations and trades plus middle and senior management
positions because the latter positions require a combination of continuity, diversity and
disruptive innovation in terms of experience and skills.
Some respondents in this study highlighted that the MPSA Directive on minimum entry
requirements for the senior management level enhances uniformity of the R&S
practices, career advancement and sustainable institutional capacity. However, one of
its major weaknesses is that it recognises the number of years in a position and
possession of higher qualifications levels to determine competence, whilst
underplaying the importance for acquired knowledge, skills and experience linked to
the inherent requirements of the job.
On the basis of the findings, the following recommendations are aimed at improving the
effectiveness of the R&S system in the Public Service to ensure representativeness are made:
The decentralised R&S System should be reviewed to identify processes that could be
centralised, such as the standardisation of job requirements across all levels, to ensure
consistency, objectivity and fairness. However, efforts to standardise job requirements
should avoid the weaknesses and challenges associated with the MPSA Directive on
Minimum Requirements for appointment into the SMS level.
viii There is a need to review the PSA, 1994, as amended and PSR, 2016, so that the
principle of open recruitment can be strengthened to facilitate appointments into entry
level jobs, occupations and trades in the Public Service and at the middle and senior
management levels. Between the entry and middle-senior management levels, the
R&S System should be partially closed to facilitate systematic skills development,
career progression and sustainable institutional capacity.
With respect to the representativeness of women at the SMS level, the Department of
Public Service and Administration (DPSA) should take a leading role in developing a
succession plan that will ensure an increase in the number of female employees at the
MMS level and their progression into the SMS level.
With respect to the representativeness of Persons with Disability, the respondents
highlighted the need for a framework that will formalise the utilisation of Organisations
for Persons with Disability to recruit, train and prepare persons with disability for the
world of work. Once such framework is approved, all departments should be compelled
to use the Organisations for Persons with Disability in the recruitment process as well
as the training and broader empowerment of persons with disabilities in order to meet
the equity targets as well as enhance their ability to compete for jobs in the Public
Sector.
Cognisant of the preceding four recommendations, the DPSA and PSC should develop
a uniform talent management policy or strategy and provide clear guidelines to inform
the principles of objectivity, fairness, consistency and effective application of
recruitment and selection practices in the Public Service.
The HR practitioners should be empowered and supported through the National
School of Government (NSG) to assume a strategic role and to stand firm against
actual or perceived unethical conduct and practices by EAs and other officials,
irrespective of level or rank, during the R&S processes.
ixCHAPTER 1: INTRODUCTION
1.1 BACKGROUND
The Public Service depends on its employees to be responsive to the needs of the citizens
and to render quality service to the South African citizens. In realising this goal, the South
African government has put in place the recruitment and selection (R&S) System whose goals
and objectives, amongst others, include the transformation of the Public Service. As stated in
section 195 (1) (i) of the Constitution of the Republic of South Africa, by ensuring that public
administration is broadly representative of suitable, competent and capable South African
people. The R&S System is underpinned by legislation and regulatory frameworks, and a
comprehensive set of employment and personnel management practices that are outlined in
several white papers, strategic documents, directives, policies and guidelines. The R&S
System is guided by the values and principles as stated in the Constitution and should
contribute towards a developmental, capable and professional Public Service that is capable
of delivering quality service in an effective and efficient manner. As such, the legislation and
regulatory prescripts that underpin the R&S must not be in contradiction with the provisions of
the Constitution of the Republic of South Africa.
The employment and personnel management practices, which include the R&S System, must
be based on ability, objectivity and fairness as set out in the Constitution, section 195 (1) (i)
and strengthened by other prescripts. In this regard the R&S System has to be implemented
in a rational and transparent manner within a decentralised, open and competitive environment
in order to promote workplace diversity, attract scarce skills and enhance service excellence1.
It is crucial that the R&S System is effective and efficient in identifying candidates with the
requisite qualifications, skills, technical knowledge for the job and relevant experience to
ensure that public administration is transformed, capacitated and broadly representative of the
South African people.
Informed by this mandate, the PSC has over the years conducted many compliance
assessment studies with the R&S procedures and has dealt with complaints and grievances
related to non-compliance with Recruitment and Selection R&S procedures. Based on its work
in these areas, the PSC has issued recommendations to address the issues emanating from
these activities. The persistence of challenges in the implementation of the R&S processes
and procedures could be viewed as an indication that the recommendations made in various
PSC and other external reports are not implemented or the recommendations made are
1
Department of Public Service and Administration. 2012. Recruitment policy. Republic of South Africa.
1inadequate to effectively resolve challenges that are more complex and systemic. It is against
this background that the evaluation of the effectiveness of the Public Service R&S System
was undertaken by the PSC.
Therefore, it is important to reflect on whether the R&S System (which operates within an
open, competitive and decentralised decision-making environment) has served its objectives
of ensuring that the Public Service is transformed, capacitated and broadly representative of
the South African people.
Thus the overall purpose of this study is to evaluate the effectiveness of the R&S System in
ensuring that the Public Service is transformed, capacitated and broadly representative of the
South African people.
1.2 OBJECTIVES OF THE STUDY
The objectives of the study were as follows:
To determine whether the R&S System has contributed towards the achievement of a
broadly representative Public Service in South Africa;
To determine whether the decentralised R&S processes and methods utilised are
sufficient enough to ensure objectivity, fairness, consistency and quality; and
To determine whether the application of the open competition principle is effective in
ensuring the appointment of people with the ‘requisite’ potential, ability and ‘fit’ to impact
positively on the performance of a developmental Public Service.
1.3 THE MANDATE OF THE PUBLIC SERVICE COMMISSION
The PSC derives its mandate from sections 196 of the Constitution of the Republic of South
Africa, 1996. Section 196 (4) (b) of the Constitution, read in conjunction with section 9 and 10
of the PSC Act, 1994, (Act 103 of 1994), as amended mandates the PSC to investigate,
monitor and evaluate the organisation and administration, and the personnel practices of the
Public Service; and section 196 (4) (c) empower the PSC to propose measures to ensure
effective and efficient performance within the Public Service.
In terms of section 196 (4) (f) of the Constitution, the Commission, either of its own accord or
on receipt of any complaint, can (i) “investigate and evaluate the application of personnel and
public administration practices, and report to the relevant executive authority and legislature”;
(iv) “advise national and provincial organs of state regarding personnel practices in the Public
Service including those relating to the recruitment, appointment, transfer, discharge and other
aspects of the careers of employees in the public service”.
21.4 METHODOLOGY
The methodology adopted in the study is explained below:
Scope - The target population of this study consisted of all national and provincial
departments. Heads of Department (HoDs) were provided with a questionnaire for completion
with the assistance of their HRM&D units. The questionnaire had to be signed off by the HoDs
prior to submission to the PSC to ensure authenticity of the information contained in the
questionnaires. Data collection - A qualitative research approach was employed in
conducting the study and data was collected from primary and secondary data sources.
Primary data was collected using a survey questionnaire. The questionnaire included closed
and open structured questions and statements. Secondary data was collected through the
review of Human Resource Management (HRM) prescripts and departmental reports that are
relevant to the R&S System in the Public Service. Data analysis - The collected data was
analysed according to thematic areas derived from the objectives of the study.
1.4 LIMITATIONS OF THE STUDY
Due to limited financial resources, it was not possible for the PSC to conduct follow-up face-
to-face interviews with HoDs and their HRM&D units. It was also not possible to test some of
the views expressed in the questionnaires with other levels of senior and middle managers
within departments.
1.5 ETHICAL CONSIDERATIONS
Acceptance and return of the signed survey questionnaires by the HoDs were considered as
consent to voluntary participation in the study. Through the covering note to the questionnaire,
the respondents were assured that their responses will remain anonymous and that the PSC
will secure the information provided by them. The respondents were also informed that the
findings and recommendations of the study are aimed at improving the effectiveness of the
recruitment and selection system in the Public Service but not to judge or identify specific
institutions in any form.
31.6 STRUCTURE OF THE REPORT
The remainder of report is structured as follows:
Chapter 2: provides an overview of the legislation and regulatory frameworks applicable to
the study;
Chapter 3: presents the findings of the study; and
Chapter 4: presents the conclusion and recommendations of the study.
4CHAPTER 2: LEGISLATION AND REGULATORY FRAMEWORK
2.1 INTRODUCTION
“Prior to 1994, South Africa had a series of laws pre-dating apartheid and dating back to
Colonial times which excluded black people from full participation in the labour market. In line
with that, people with disabilities were generally not included in the workforce and women filled
only certain stereotyped roles”2. Given the brief historical background as expressed supra,
there is a need to understand whether legislation and the regulatory framework in place post
1994 are supportive of a culture of non-discrimination and contribute towards the achievement
of a capable and broadly representative workforce in South African.
This chapter will give a summation of the legislative framework underpinning recruitment and
selection practices in the Public Service, namely Constitution of the Republic of South Africa,
1996; White Paper on Transformation, 1995; White Paper on Human Resource Management
in the Public Service, 1997; Public Service Act of 1994, as amended; Labour Relations Act
66, 1995, as amended; Basic Conditions of Employment Act, No. 75 of 1997, as amended;
Employment Equity Act, No. 55 of 1998; Public Service Regulations, 2001 and 2016 (the SMS
Handbook, 2003; and the Public Administration Management Act, No, 11 of 2014).
2.2 OVERVIEW OF PUBLIC SERVICE LEGISLATION AND REGULATORY
FRAMEWORK
2.2.1 Constitution of the Republic of South Africa, 1996
The Constitution is the supreme law of the country of South Africa. It provides the legal
foundation for the existence of the republic, sets out the rights and duties of its citizens, and
defines the structure of the government. It provides for legal direction on addressing broad
policy decisions on human dignity, achievement of equality and advancement of human rights
and freedoms, non-racialism and non-sexism and ensuring that the whole nation has the
opportunity to vote for their government.
All actions of the government and citizens are tested for their constitutionality as and when
there is a contrary perception or practice. Section 195 (1) (i) of the Constitution stipulates that
“Public administration must be broadly representative of the South African people, with
employment and personnel management practices based on ability, objectivity, fairness, and
the need to redress the imbalances of the past to achieve broad representation”3. In simple
2 The HR portal, 2011. What is the background to Employment Equity? Accessed from https://www.thehrportal.co.za/diversity-
and-transformation-employment-equity-implementation/what-background-employment-equity.
3 The Constitution of the Republic of South Africa, Act 108 of 1996.
5terms, public administration that must be broadly representative of the South African people
refers to the state of affairs in which the profile of government employees reflects the
demographic profile of the population in South Africa.
2.2.2 Public Service Act, 1994, as amended
The Public Service Act (PSA), 1994, as amended, was developed to provide for the
organisation and administration of the Public Service and to further regulate the conditions of
employment, terms of office, discipline, retirement and discharge of members of the Public
Service, and matters connected therewith4. The PSA created the basis for integrating the
fragmented system of administration inherited by the current government into a unified
national Public Service. Although much has been done to transform the Public Service into an
organisation that is coherent and fairly representative, as well as capable of achieving the
crucial goals set for it by the people and government of South Africa, challenges still exist 5,6
Thus the issue of appointments still remains critical and the assignment of responsibility for
appointments in the Public Service to the executive authority is necessary to manage the
transition and transformational agenda. However, this came with its own challenges as it has
created a perception that some public servants have been appointed based on their
connections to a particular political principal rather than their level of expertise7. It has also
had unintended consequences regarding high levels of turnover at top levels of the
bureaucracy, which undermines efforts to build state capacity and improve the quality of
service delivery.8,9 Some of the noted challenges have resulted in proposals for the
amendments of some parts of the PSA, in particular, the assignment of original powers relating
to the career incidents of employees below DDG level to HODs and establishment of the Head
of Public Service.10,11.
Chapter IV, section 9 of the PSA states that an executive authority may appoint any person in
his or her department in accordance with this Act and in such manner and on such conditions
as may be prescribed. Section 10 states that no person shall be appointed permanently,
whether on probation or not, to any post on the establishment in a department unless he or
she: (a) is a South African citizen or permanent resident; and (b) is a fit and proper person.
4 Department of Public Service and Administration. Public Service Act, 1994, as amended. Republic of South Africa.
5 Chipkin, I. & Lipietz, B. 2012. Transforming South Africa’s racial bureaucracy: New Public Management and public sector reform in
contemporary South Africa. PARI Long Essay, 1.
6 Brown, K. & Osborne, S.P. 2012. Managing change and innovation in public service organisations. Routledge.
7 Thulo, S.S. (2014). Recruitment and Selection in the public service: The case of the Department of Public Works in the Free State Province.
North West
8 Public Service Commission. Report on the Turnover Rate of HoDs and its Implications for the Public Service, 2008. Republic of South Africa.
9 Public Service Commission. Report on the recruitment, retention, career pathing and utilisation of senior management service members’
expertise and skills in the Public Service, 2017. Republic of South Africa.
10 Public Service Commission (PSC), 2016. The PSC Developmental state Discussion Document. Republic of South Africa.
11 National Development Plan, Vision 2030. The Presidency. Republic of South Africa.
6Section 11 indicates that (1) in the making of appointments and the filling of posts in the Public
Service due regard shall be upheld to equality and the other democratic values and principles
enshrined in the Constitution. (2) In the making of any appointment in terms of section 9 in the
Public Service- (a) all persons who applied and qualify for the appointment concerned shall
be considered; and (b) the evaluation of persons shall be based on training, skills,
competence, knowledge and the need to redress, in accordance with the Employment Equity
Act, 1998 (Act 55 of 1998), the imbalances of the past to achieve a public service broadly
representative of the South African people, including representation according to race, gender
and disability.
Subordinate legislation in the form of Directives, Determinations and Regulations may be
issued by the Minister for Public Service and Administration (MPSA) in terms of Chapter 2 (3)
(2) of the PSA to reinforce the intentions of the Public Service Act and to create norms and
standards for specific HRM processes and practices. Thus and in spite of the noted challenges
and call for the review of some of its clauses, the PSA, 1994, as amended, has in its entirety
served and continues to serve its intended purpose.
2.2.3 Public Service Regulations, 2001
The Public Service Regulations (PSR) was developed to supplement the Public Service Act
(PSA) 1994, as amended, in relation to the career incidents and personnel practices of public
servants. In line with this, the MPSA is mandated under specified circumstances to make
determinations, issue directives or approve that alternative provisions and measures be
applied in relation to human resource management and related practices. The PSR is in simple
terms, an instrument to operationalise the PSA, hence it must be read in conjunction with the
PSA.
Chapter 1 (Part iii) D.1 (c) of the PSR 2001, states that there should be a ‘plan within the
available budgeted funds, including funds for the remaining period of the relevant medium-
term expenditure framework, for the recruitment, retention, deployment and development of
human resources according to the department’s requirements determined in terms of
regulation D.1(c) (i), which plan must, as a minimum, include- realistic goals and measurable
targets for achieving representativeness, taking into account regulation III (D.2).
Chapter 1 (Part vii) (c) of the PSR on Recruitment affirms the Determination of requirements
for employment that (C.1.1) An executing authority shall determine composite requirements
for employment in any post on the basis of the inherent requirements of the job. (C.1.2) An
executing authority shall- (a) record the inherent requirements of a job; (b) ensure that the
requirements for employment do not discriminate against persons historically disadvantaged;
7and (c) comply with any statutory requirement for the appointment of employees. (C.2)
Advertising, (C.2.1) An executing authority shall ensure that vacant posts in the department
are so advertised as to reach, as efficiently and effectively as possible, the entire pool of
potential applicants, especially persons historically disadvantaged. (C.2.2) An advertisement
for a post shall specify the inherent requirements of the job, the job title and core functions.
Chapter 4, part ii speaks to recruitment, selection and appointment and elicits the principles
regarding recruitment, selection and appointment of persons to the SMS, that it shall take
place in accordance with section 11 of the PSA. Posts shall as far as possible be filled through
open competition. Selection shall increasingly be competency-based so as to enhance the
quality of appointment decisions12.
The PSR details the recruitment and selection (R&S) processes that should be employed in
government and who is responsible for decision making during this process. The PSR apply
to all persons employed and institutions governed in terms of the PSA, and for persons
employed in the services under Schedules 1, 2 and 3. It should be noted that deviations from
the PSR or PSA are provided for in Chapter 1 (Part G). The Public Service Regulations of
2001 were reviewed (Refer to PSR, 2016) in order to streamline R&S processes and to adapt
to emerging workplace conditions.
2.2.4 Public Service Regulations, 2016
The Public Service Regulations, 201613 provide for the following amendments:
Deviations are covered under Chapter 1, Regulation 4. The provision is similar to the
2001 PSR, however retrospective deviations may be accommodated giving
consideration to “equality” and not “quality”.
Human resource planning forms an integral part of recruitment and informs the
recruitment process by determining organisational skills requirements. This is covered
under Chapter 3. Regulations 26 and 27 make provision for the development of an
Employment Equity Plan as contemplated in section 20 of the EEA. As such the
aspects covered in the 2001 Regulations are reinforced in the 2016 Regulations.
General conditions for appointment are covered under Chapter 4, Regulation 57 which
outlines the requirements regarding admissibility in terms of age, inherent job
requirements, personal suitability checks and matters related to nature of employment.
Also Chapter 4, Regulations 64 and 65, deals with employment requirements insofar
as unfair discrimination is concerned. It also accommodates provisions for foreign
appointments. Regulation 65 speaks to advertising and the conditions under which
12
Public Service Regulations, 2001. Department of Public Service and Administration. Republic of South Africa.
13
Public Service Regulations, 2016. Department of Public Service and Administration. Republic of South Africa.
8advertising must be exercised in order to reach a wider and maximum pool of
candidates including designated groups.
Chapter 5, Regulations 81 – 92 deals the Senior Management Service dispensation;
which was covered under Chapter 4 of the 2001 Regulations.
The 2016 PSR have been reinforced with Directives and Determinations relevant to the
operationalisation of the PSA and Regulations. It is an easier document to follow that seeks
to promote good governance in practice.
2.2.5 Labour Relations Act 66 of 1995, as amended
The Labour Relations Act (LRA) was developed to address and regulate various employment
practices and injustices in all sectors of the South African workforce. The purpose of the LRA
is to advance economic development, social justice, labour peace and the democratisation of
the workplace14.
The LRA protects the rights of the employee and the employer and outlines mechanisms for
dispute resolution. The enactment of the LRA was essential because post 1994, South Africa
saw the most important workplace challenges as performance improvement, employment
equity, training and development and managing trade union expectations and labour unrest
which sometimes ended up in labour court and arbitration awards aimed at addressing the
adverse impact of unfair discrimination on recruitment and selection, pay practices and skills
development.15
According to Chapter II section 5 (3) of the LRA, “no person may advantage, or promise to
advantage, an employee or a person seeking employment in exchange for that person not
exercising any right conferred by this Act or not participating in any proceedings in terms of
this Act”. Section 186 (2) determines that an "unfair labour practice" is any unfair act or
omission by the employer relating to the promotion, demotion, probation (excluding disputes
about dismissals for a reason relating to probation) or training of an employee or relating to
the provision of benefits to an employee. The employer has the obligation in terms of section
186 (2) to act fairly towards the employee in the selection and promotion process, but apart
from that, it is the prerogative of the employer whom he/she intends to appoint.
In essence, section 186 (2) provides for the legal right to fair labour practice, a dispute
concerning whether the conduct of an employer relating to promotion is an unfair labour
14 The Labour Relations Act 66 of 1995, as amended, Department of Labour, Republic of South Africa
15Frank M.H, Browning, Jain, H & Steenkamp, A.J. 2002. The International Journal of Human Resource
Management, 13(7).
9practice or not, is a dispute of right and not a dispute of interest, which can be taken to the
Commission for Conciliation, Mediation and Arbitration (CCMA) or Bargaining Council. This
should however, not be confused with the fact that there is no right to be promoted, but only a
right to be treated fairly in the process of promotion or appointment of employees to a position.
According to Kruger and Tshoose16 the LRA has satisfied its purpose and still is the
cornerstone with regards to providing guidelines on labour issues in South Africa. It has
indeed been a successful piece of legislation insofar as employee relations are concerned and
the protection of employee rights and it will continue to serve as an integral part of the
recruitment and selection process.17
2.2.6 Basic Conditions of Employment Act 75 of 1997, as amended
The Basic Conditions of Employment Act (BCEA) was introduced to address imbalances with
regards to the working conditions of employees in South Africa. The purpose of this Act is to
advance economic development and address social justice by fulfilling the primary objects of
this Act which are: (a) to give effect to and regulate the right to fair labour practices conferred
by section 23 (1) of the Constitution; (i) by establishing and enforcing basic conditions of
employment; and (ii) by regulating the variation of basic conditions of employment; (b) to give
effect to obligations incurred by the Republic as a member state of the International Labour
Organisation.
The BCEA serves as an important piece of legislation and affirmation that the employer cannot
impose arbitrary terms and conditions on employees. The BCEA continues to be relevant in
providing guidelines with respect to compliance with basic conditions of employment,
collective bargaining, sectoral determinations and directives applicable to different sectors,
including the Public Service.
16 Kruger, J. & Tshoose, C.I. 2013. The impact of the Labour Relations Act on minority trade unions: A South
African perspective. Potchefstroom Electronic Law Journal, 16(4), 284-326.
17 Pottas, R. 2014. The convergence of labour and commercial law: Executive dismissals in contemporary South
Africa Unpublished Doctoral dissertation. University of Cape Town.
102.2.7 White Paper on the Transformation of the Public Service, 1995
The aim of the White Paper18 is to establish a planning framework that will guide the creation
and implementation of new policies and legislation aimed at transforming the South African
Public Service. The White Paper defines representativeness as laws, programmes or activities
designed to redress the past imbalances and to better the conditions of individuals and groups
who have been disadvantaged on the grounds of race, colour, gender or disability in the
workplace. The White Paper further advocates for the development of a coherent strategic
framework for human resource development at both the national and provincial levels to
ensure “optimal fit between the needs of the employee, the job, the organisation and the
environment, so that employees reach their desired level of satisfaction and performance, and
the organisation meets its goals.”
Chapter 4 of the White Paper provides for the redefinition of the political-administrative
relationship, designed to ensure greater accountability (through the introduction of, for
example, clearer lines of responsibility, and performance targets, measures and monitoring),
whilst at the same time promoting greater devolution of managerial autonomy and resource
control (including the introduction of flexible staffing and recruitment practices), aimed at
increasing innovation, creativity and responsiveness to client needs in terms of the
international context. Chapter 9 affirms the devolution and decentralisation of managerial
responsibility and accountability. The White Paper proposed a move increasingly towards a
system under which managerial responsibility will be devolved and decentralised, while at the
same time accountability for performance against specified objectives will be increased19. In
spite of the objectives of this White Paper, some managers in the Public Service feel that their
powers to lead and direct the change process in a creative and visionary way are constrained
by the rule-bound and procedure-laden culture inherited from the past. Therefore, there is
need to implement the objectives of the White Paper fully to “ensure that effective and
responsible decision-making takes place at all levels within the Public Service”20.
As part of this process, it is proposed21 that the contracts of DGs be tied to the achievement
of specific performance objectives and targets and at the same time, DGs should be given the
necessary flexibility, autonomy and resource control, particularly in relation to the recruitment
18
White Paper on the Transformation of the Public Service, 1995, Department of Public Service Administration,
Republic of South Africa.
19 Ibid.
20 Qalase, N.F. 2014. The Effectiveness of centralised human resource management on service delivery: A case
of Bedford Hospital, Department of Health, Province of the Eastern Cape. Unpublished Doctoral dissertation.
University of Fort Hare.
21 Ibid
11of staff, to take the necessary actions to ensure that such objectives and targets are met. In
order to ensure that effective, timeous and responsible decision-making takes place at all
levels within the Public Service, a similar process of devolution and decentralisation should
also take place to individual cost centres within departments, again tied to the achievement of
specific performance objectives.
Chapter 10 (4) of the White Paper provides for the distinctive needs of different target groups.
The main target groups for affirmative action programmes are black people, women and
people with disabilities. In developing appropriate affirmative action programmes, it is
important to take into account the specific and distinct needs of these three groups given that
the factors that result in discrimination against these groups are not uniform. The effects of
patriarchal values and other forms of gender bias and discrimination, for example, clearly do
not disadvantage black males. And the many factors that discriminate against the employment
of people with disabilities, including for example the inaccessibility of many public buildings
and the lack of effective support and enabling mechanisms, do not disadvantage able-bodied
black people and women. In addition, whilst the criteria and procedures for recruitment,
selection and promotion are being improved, they are still based on a rather narrowly defined,
culturally determined and exclusive view of qualifications, experience and achievement, rather
than on a broader and more inclusive view of relevant competencies and potential.22
The success of the White Paper on the Transformation of the Public Service as briefly
discussed above, is clearly expressed in the attainment of a broadly representative and
capable Public Service and the creation of an enabling environment that supports those who
were historically disadvantaged to fulfil their maximum potential for the benefit of the Public
Service as well as maximise on the country’s diverse skills and talents to improve service
delivery. Although the White Paper was developed for the Public Service, many of its
provisions were incorporated into the EEA, which is discussed below.
2.2.8 White Paper on Human Resource Management in the Public Service, 1997
The White Paper23 was crafted as a measure to establish a professional, impartial Public
Service which is representative of all sections of society and essential to the efficient and
effective operations of government and the achievement of South Africa’s democratic,
economic and social goals. Transforming the Public Service into an instrument capable of
22 Qalase, N.F. 2014. The Effectiveness of centralised human resource management on service delivery: A case
of Bedford Hospital, Department of Health, Province of the Eastern Cape. Unpublished Doctoral dissertation.
University of Fort Hare.
23
White Paper on Human Resource Management in the Public Service, 1997. Department of Public Service
Administration. Republic of South Africa
12fulfilling its role in bringing about the new South Africa depended on the commitment and
effectiveness of its public servants, which in turn depended on the way in which those public
servants are managed and developed. The White Paper thus presents a comprehensive
framework for change which is in line with the section 195 Constitutional values and
principles24, of which one of the principles relates to human resource management (HRM) and
development.
Chapter 5 (5.1) (5.1.1) states that recruitment is the most important way in which the Public
Service meets its human resource capacity requirements, it is also the prime instrument for
achieving employment equity, by opening up the Public Service to all sections of society. In
drafting recruitment policies and procedures, targets should therefore be set for achieving
specified employment equity objectives, and in particular for achieving race, gender and
disability balance, as well as for achieving the skills necessary to meet the department’s
operational needs. The need for identifying and attracting suitable applicants, according to
section 5.1.2 of the White Paper, depends on the effectiveness of departmental advertising,
both in terms of the substance of the advertisement and the extent to which it reaches the
target audience. In drawing up advertisements, the following principles should be applied:
The advertisement should include an accurate description of the duties to be
undertaken, and the criteria which will be applied in selection.
Qualifications should not be defined primarily or solely in terms of educational
attainment, but should, for example, include skills and relevant experience. If
educational requirements are essential, these should be set at such levels which
balance the need for competence with the goal of accessibility. However, qualifications
which are prescribed should be stated in the advertisement, for example in the case of
medical practitioners.
The advertisement should make it clear that the Public Service is committed to
employment equity, and that applications from Blacks, women and the disabled will be
encouraged. The language and style of the advertisement should be clear and simple
to attract candidates from all sections of the target group, particularly those whom the
Public Service wishes to attract in order to achieve employment equity targets.
Advertising should be designed to reach the widest possible number of people within
all the target groups in the most cost-effective manner. New and innovative methods
of advertising should be explored to reach those unlikely to respond to traditional
methods such as newspaper advertisements.
24
The Constitution of the Republic of South Africa, Act 108 of 1996.
13The effectiveness of advertising campaigns should be reviewed from time to time in order to
improve future recruitment efforts. The requirement for additional health or security
clearances, where these are justified by the inherent nature of the work, should be clearly
stated in the advertisement. Advertisements for targeted competition must provide reasons
which are consistent with the purpose of this White Paper.
According to section 5.1.3, skills search or "head-hunting" may be used to identify candidates,
for example, for senior posts or where skills are scarce, provided it can be demonstrated that
the special requirements of the position in question are likely to render more traditional
advertising methods ineffective. Once candidates have been identified, however, the
principles of selection on merit should be applied.
Section 5.1.4 indicates that psychometric and similar tests as a means of recruitment should
be carefully designed in order to ensure that they are free from overt or unintended bias,
particularly in relation to disadvantaged groups. The Directive on the implementation of
competency assessments for SMS is cited as complying with the relevant requirement as
stated. The broad intention of the Directive is to determine training gaps of SMS candidates
who are in the service as well as entering the service.
Section 5.8 states that former employees who have resigned, retired early or prematurely may
be re-employed if they successfully apply for a post through competition, other than employees
whose services were terminated subject to restrictions on their further employment in the
Public Service. Previous service will be taken into account in selection only in as far as it
demonstrates their suitability to undertake the duties of the post for which they are applying.
Since former employees are no longer employees, they may not compete for posts which are
restricted to serving employees, even if they are currently working within the Public Service
as external contractors.
Analysis of the White Paper on HRM would confirm that many of the provisions were
incorporated into various Public Service strategic frameworks and guidelines, and the 2001
and 2016 PSR.
2.2.9 Employment Equity Act, No. 55 of 1998, as amended
The main purpose of the Employment Equity Act, No. 55, 199825 (EEA) is to eliminate unfair
discrimination and in turn promote equal opportunity. Furthermore, it allows for the
implementation of measures to support previously discriminated groups in order to ensure that
there is "equitable representation in all occupational categories and levels in the workforce."
25
Employment Equity Act 55 of 1998, as amended, Department of Labour, Republic of South Africa.
14The EEA places a positive obligation on employers to eliminate unfair discrimination in the
workplace specifically within its policies and practices. The intention is to promote equal
employment opportunities whilst redressing the imbalances of the past.
The EEA has introduced specific requirements in the development and implementation of EE
policies that outline specific, measurable, attainable and time bound objectives and strategies.
Reporting on the implementation of the EEA is integrated into various government reports,
including annual reports.
Chapter 2 (Part 6) (1) of the EEA states that no person may unfairly discriminate, directly or
indirectly, against an employee in any employment policy or practice, on one or more grounds
including race, gender, pregnancy, marital status, family responsibility, ethnic or social origin,
colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political
opinion, culture, language, and birth or any other arbitrary grounds. Section (2.2) states that it
is not unfair discrimination to take affirmative action measures consistent with the Act or to
prefer or exclude any person on the basis of an inherent job requirement. This applies to all
employees, job applicants and employers or prospective employers. The section further
removes barriers created for advancement for previously disadvantaged groups, cognisant of
the fact that representation at the senior management levels has not yet transformed, and
there is a need to nurture a culture of diversity within the workplace, including the Public
Service.
Chapter 2 (Regulation 7 & 8) of the EEA, lend itself to employment criteria which has a
considerable impact on recruitment practices. Section 7 emphasises that medical testing is
prohibited under certain conditions, section 8 deals with psychological testing which must be
designed to be culturally fair, free from bias and based on scientific processes relevant to the
environment. Chapter 3, section 13 provides that: (1) every designated employer must
implement affirmative action measures for designated groups to achieve employment equity;
(2) (a) in order to implement affirmative action measures, a designated employer must: consult
with employees; (2) (b) conduct an analysis; (2) (c) prepare an employment equity plan; and
(2) (d) report to the Director-General (DGs) [of the Department of Labour] on progress made
in the implementation of the plan.
According to section 15, affirmative action measures are measures intended to ensure that
suitably qualified employees from designated groups have equal employment opportunity and
are equitably represented in all occupational categories and levels in the workforce of a
designated employer. Such measures must include the identification and elimination of
barriers with an adverse impact on designated groups; making reasonable accommodation
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