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PASSIVE REPRESENTATION IN THE SOUTH AFRICAN BUREAUCRACY: A Lot Has Happened, but it’s a Lot More Complicated. . .

Katherine C. Naff

San Francisco State University San Francisco, CA 94132

This paper uses the South African case to look at the concept of passive representation—an important element in the theory of representative bureaucracy. Considerable literature has looked at the relationship between passive representation, or the number of members of an identity group that are present, and active representation, or the extent to which those representatives pursue the interests of those they are presumed to represent. I argue that scholars (and oversight agencies) should not see the former as simply a matter of counting the numbers of members of identity groups in an organization. Rather, they should also ask questions such as whether the identity groups that are to be privileged for representation make sense, and whether there are obstacles to the achievement of full representation. I find the answers to those questions in South Africa is complex. At the same time, analysis of reports written by South African oversight departments and articles written by scholars have moved beyond a focus on passive representation as an exercise in computing the proportion of jobs held by members of these groups. They now also engage in a secondary level of investigation that looks “beneath the veneer” at such elements as how the organizational climate may affect passive representation. I conclude that both levels of analysis are important, and should precede analysis of the extent to which the goals envisioned by the theory of representation are being achieved.

Paper prepared for presentation at the annual meeting of the American Political Science Association, August 20-September 2, 2007; Chicago, IL

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PASSIVE REPRESENTATION IN THE SOUTH AFRICAN BUREAUCRACY: A Lot Has Happened, but it’s a Lot More Complicated. . .

Katherine C. Naff

The purpose of this paper is to examine passive representation, a long-standing, but seldom scrutinized component of the theory of representative bureaucracy. The theory holds that a civil service that mirrors the citizenry demographically reflects citizens’ values. Among other benefits, a representative bureaucracy signals that diverse communities have access to the policymaking process, leading to a greater governmental legitimacy. One of the more dramatic and potentially significant examples of where the achievement of a representative bureaucracy was necessary is in the newly democratic Republic of South Africa (RSA) following the dismantling of the all-White Apartheid government in the early 1990s. The concept of representative bureaucracy is often considered to have two components. Passive or descriptive representation concerns the extent to which important identity groups are present in the bureaucracy. A measure of passive representation that is used in the U.S., for example, is the proportion of an organization’s staff that is comprised of men, women and various racial groups. Active representation refers to administrators “pressing for the interests and desires of those whom they are presumed to represent” (Mosher 1982:14). That is, the theory assumes that an agency that includes Latinos, for example, helps to ensure that Latinos receive an equitable share of that agency’s benefits or services. Much of the recent scholarship in this field has focused on the important question of whether such a linkage between passive and active representation exists and under what circumstances. However, in doing so it has treated passive representation as simply a matter of tallying the number of bureaucrats in an organization by such characteristics as race and gender. But is it really so straightforward? In this paper, the RSA serves as a case to examine passive representation by addressing the following questions:

• On what basis has the new RSA chosen to recognize identity groups for the purpose of passive representation and does the choice make sense?

• What, if any, other obstacles may make the achievement of passive representation more problematic than it seems; and

• How has the national government’s progress in achieving a representative bureaucracy been appraised by its own civil service oversight departments and South African academic researchers?

From a practical standpoint, this is an important exercise. The means for achieving a representative bureaucracy and how that representation should be defined in the RSA remains controversial more than ten years after the country’s first democratic election. From an academic standpoint this is a valuable undertaking because of the research community’s ongoing examination of the link between passive and active representation. That line of research is premised on the notion that

• In every situation it is clear who the groups are that should be represented;

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• We can easily identify the individuals in the bureaucracy that are expected (or, more accurately, hypothesized) to serve as representatives;

• The bureaucrats are in a position to serve a representative role; i.e., they have the authority and discretion commensurate with their job and there are no “glass ceilings,” “trap doors,” or other such workplace architecture in their way.

If these questions cannot be clearly answered, the syllogism represented by the statement “passive representation leads to active representation” rests on a faulty premise. That is, the statement assumes passive representation is accurately defined and measured. The new Republic of South Africa makes an ideal setting for examining these issues because of the extreme nature of the transformation it had to undergo very recently. It is based on interviews with government officials in the Fall/Winter of 2006-2007, transcripts of Parliamentary debate from 1990-1998, as well as analysis of government and academic publications from 1994 to the present.1

Passive Representation and Representative Bureaucracy

What is passive representation? In the legislative context, it is most easily understood in a voting system that relies on proportional representation. In such a system, legislators of each party are elected in numbers that reflect voters’ party preferences. If two thirds of voters in a district vote for the Labor Party, two-thirds of the representatives from that district will be Labor Party representatives. In that sense, the resulting group of legislators is passively representative of the jurisdiction’s political affiliations. John Adams is said to have argued during the Revolutionary period that a legislature “should be an exact portrait, in miniature, of the people at large, as it should think, feel, reason and act like them” (quoted in Pitkin 1967: 60). Hanna Pitkin (1967) and other theorists discussed the notion of representation with an elected legislature in mind. It was J. Donald Kingsley (1944) who coined the phrase “representative bureaucracy” and applied the concept to the civil service. Observing the British government during and after World War II, he was concerned that the when the Labour Party came into power its policies would not be carried out by the middle class civil servants. He wrote:

As a matter of fact, of course, the essence of responsibility is psychological rather than mechanical. It is to be sought in an identity of aim and point of view, in a common background of social prejudice, which leads the agent to act as though he were the principal. . . . But if the essence of responsibility is psychological, the degree to which all democratic institutions are representative is a matter of prime significance. No group can safely be entrusted with power who do not themselves mirror the dominant forces in society; for they will then act in an irresponsible manner or will be liable to corruption at the hands of the dominant groups (Kingsley 1944, 282-283).

1 This is a small and initial part of a broader project that will also include analysis of transcripts of Parliamentary debate and Committee hearings up to the present, relevant court decisions, quantitative employment data and survey data from 1994 to the present.

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More than four decades later, Roger Burrows, a Member of the South African Assembly made a similar argument in calling for measures to achieve a representative civil service:

“[U]nless this Government of the day commences a rapid move towards involving significant numbers of persons of colour…in their tasks, then on the arrival of a new constitution, we could easily find a significant number of persons who are not sympathetic to service-oriented, cost effective service” (Extended Public Committee, House of Assembly, 3 May 1991: 7492)

Passive representation is distinguished from “active” representation. The latter refers to the notion that these representatives will then take action to further the interests of those whom they are presumed to represent. For example, Sally Selden has identified a positive correlation between the representation of African American county supervisors in the Farmers Home Administration and the number of favorable loan decisions for applications filed by African Americans (Selden 1997a, 1997b). Meier and colleagues have found an inverse relationship between the proportion of African American or Latino school board members and adverse treatment of students sharing their heritage (Meier 1984, Meier and England 1984, Meier, Stewart and England 1989, Meier and Stewart 1991, Meier 1993). More recently Keiser et al. (2002) found a positive relationship between the proportion of female math teachers and educational benefits enjoyed by female students. But the value of a passively representative bureaucracy extends beyond such active representation. Frederick Mosher argued that what is important “is the fact that the incumbent employees are there at all” (1982: 17). This is so because their presence demonstrates that the government provides equal opportunity and a civil service accessible to all citizens. Krislov (1967) added that since governmental employment offers a coveted economic and social status (or at least it did in his day). In that way, "bureaucracies by their very structure represent truths about the nature of the societies they administer and the values that dominate them" (Krislov 1967: 64). A civil service representative of a broad sector of society demonstrates the broad disbursal of power in that nation. Krislov further argued that the composition of the bureaucracy has an impact on social conduct. If a particular community doesn't see its members represented in the bureaucracy, its youth sees no point in obtaining the qualifications necessary to hold a government position. This creates a self-perpetuating cycle that signals a lack of opportunity, which only conscious efforts to achieve a representative bureaucracy can break. Years later some of this same rationale was echoed in the South African Parliament by those debating the future of the civil service. The Minister for Education and Training, himself a member of the ruling National Party (NP), explained to those in the Apartheid-era House of Representatives:

The Public Service of a country is there to serve the entire population. Logically, therefore, the personnel of the Public Service should be

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recruited from the entire population… [T]he Public Service plays a key role in national life. It is important for the Public Service to be accepted and appreciated by society and offer talented and dedicated people a worthwhile career option. (De Beer, S.J. House of the Assembly 26 May 1993: 9288)

There is much to be said, then, for the value and importance of passive representation. It has benefits even in itself, and sometimes leads to active representation. But for the theory of representative bureaucracy to apply, one must be clear as to how passive representation is defined, measured and achieved. While beginning in the 1980s Whites were replaced with nonwhites as teachers, nurses and the like, by the 1990s 97% of the senior posts were still comprised of male, Afrikaans speaking, conservative, Calvinists (Seegers 1994). The question that presented itself was, then, how should the new RSA’s public service be transformed in order to become representative of the entire citizenry?

Creating a Representative Bureaucracy: Identifying the Representatives The first step to creating a representative bureaucracy, it would seem, would be to define which groups should be represented. That is, what characteristics or traits should be privileged for the purpose of reproducing them in the civil service? This is not always clear. When J. Donald Kingsley (1944) argued for the importance of a representative bureaucracy, he was referring to a civil service that mirrored the class origins of the nation. Indeed, this same premise lay beneath early analyses of the American bureaucracy, which concluded that it was largely representative (see, for example, Long 1952, van Riper 1958, Subramaniam 1967). The first federal civil service law passed in 1883, however, called for geographic representation, with civil service jobs “apportioned among the several States and Territories and the District of Columbia” (U.S. Civil Service Commission 1973). By the 1960s and 1970s, this analysis of representivity shifted to a focus on race and sex (Larson 1973, Krantz 1974, Krislov 1974, Rosenbloom 1977). That was partly because of the history of race and sex discrimination by the government (Rosenbloom 1977). The active women’s and civil rights movements of this period further raised the salience of their demands for access to bureaucracy, constituting another reason for ensuring federal agencies were representative in terms of race and sex. An understanding of how groups may be selected for passive representation may be informed by identity group theory. Manuel Castells suggests that identity is a “process of construction of meaning on the basis of a cultural attribute, or related set of cultural attributes, that is/are given priority over other sources of meaning” (1997:6). Identities differ from roles in that “identities organize meaning while roles organize the functions” people engage in. (1997:7) People have individual identities, but also come together in order to negotiate collective relationships with those who share a common identity. For example, during the women’s movement of the 1970s, gender became salient for many women, and they joined with other women to claim for greater rights. Individuals have multiple identities, some of which are internal, and some of which serve as a basis for political action. For example, any individual woman may think of herself primarily as a

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woman until an issue arises affecting the rights of mothers, at which time her identity as a mother becomes paramount. That identity, then, may become the basis for joining with other mothers to engage in political action. The late Robert Bailey used the term “identity multiplexing” to describe this phenomenon of many possible identities, which he defines as “the layering and ranking by individuals of their different identities in different arenas” (1999:31). Courtney Jung provides a distinct definition in her work on South Africa. She suggests political identity “emerges as salient in the organized struggle for control over the allocation of resources and power residing in the state” (Jung 2000: 19). It is partly dependent on context and the issues that emerge as relevant at any point in time. Political identity is independent of other identities. An ethnic group’s cultural meanings or linguistic identities may change while its political identity remains intact. A South African of Indian descent may observe all of the cultural rituals of the South African Indian population, but not identify with the political values of his fellow Indians. While political identity may be based on a physical attribute such as race when it becomes politically salient, that political identity should not be seen as reflexively correlated with race (Jung 2000). In defining such political identity groups one has to be careful not to “freeze” them in such a way that the distinction between those inside and outside the group becomes impermeable. All Zulus don’t reflexively identify their Zulu heritage as constitutive of their identity. Even some of those within the group may not agree on the values or political choices that are ascribed to that group. For that reason Young (2000: 89) prefers to conceive of “social group differentiation” in “relational rather than substantial terms” as a means for avoiding the reification of groups. But, as we shall see in the case of South Africa, groups may become reified if they are treated as such by others who are in power. The notion of identity, then, is a useful lens through which to view the basis on which passive representation is achieved. The identity groups which are targeted for passive representation in a bureaucracy are not, or at least should not be, arbitrary. Rather, they are presumably those that are mobilized based on internal identities that come together in response to a context and seek a reallocation of resources and power (to use Jung’s terms). Again using the example of the U.S. the civil rights movement and the women’s movement politicized the identities of race and sex in the 1960s and 1970s. Women and people of color, in turn were pursued for full representation in the bureaucracy (Rosenbloom 1977). The next section of this paper, then, provides the history and context necessary to understand how the groups were defined that became those targeted for passive representation in South Africa.

South Africa The demographics South Africa, with nearly 48 million people, is the 2nd largest country in Africa and its leading economic power. Following the 1994 transition to democratic rule, South Africa

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was reestablished as a unitary system of government with federal characteristics. It now consists of the national government and nine provincial governments (see table 1) that, for all important matters, are subordinate to the national government. Provincial and national civil servants are all employed by, and accountable to the national government. Presently the conditions of service in local governments fall outside of those that apply to the national and provincial governments. However legislation has been proposed that would create a single public service bringing local governments in line with the provincial and national public service. The African National Congress (ANC) has won all national elections and most provincial elections since 1994. (In 2004, the ANC won with a two-thirds majority). The 400 seat national assembly elects the President, currently Thabo Mbeki who is serving his second and final five year term. Table 1 shows the racial composition of the population, of public employees, nationally and for each region.

Table 1 Facts about South Africa

Population

& % change 1995-2005

Racial composition of population

Numbers of government employees

Racial composition of public service

South Africa (national) 47,390,900

African 77.9% Coloured 8.5 Indian 2.5 White 11.1

342,616

African 74.0% Coloured 10.0% Indian 4.0% White 12.0%

Provinces

Eastern Cape 7,040,000 +7.3%

African 87.4% Coloured 7.0% Indian .3% White 5.3

87,607


Free State

2.953,000 +6.5%


55,074


Gauteng

9,029,000 +27.8%


113,840


KwaZulu- Natal

9,655,000 +10.2%


158,451


Limpopo

5,636,000 +1.4%

African 97.1% Coloured .2% Indian .1% White 2.6%

112,649


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Population

& % change 1995-2005

Racial composition of population

Numbers of government employees

Racial composition of public service

Mpumalanga

3,221,00 +6.5%

African 91.2% Coloured .6% Indian .4% White 7.8%

57,114


Northern Cape

903,000 +21.9%

African 45.6% Coloured 43.3% Indian .2% White 10.8%

16,815


North West

3,825,00 +15.0%

African 89.9% Coloured 1.5% Indian .3% White 8.3%

64,371


Western Cape

4,652,00 +24.5%


69,699


Sources: South Africa Institute of Racial Race Relations 2007; Presentation to the Portfolio Committee on the Public Service and Administration by the Public Service Commission 16 August 2006 None of the relatively simple categories listed in table 1 is as straightforward as it seems. The Coloured population is not a single racial or ethnic group but rather a mixture of many. It includes descendents of indigenous herders and hunter-gatherers known as Khosians, Malays brought by the Dutch from Indonesia, Griquas, Namas, Basters, as well as people of mixed race (i.e., part European) (Adhikari 2005). The Coloureds are located primarily in the western area of the country. The Asian/Indian subpopulation is comprised of the small minority of Indians and an even smaller minority of Chinese. For that reason the category is labeled Indian at times and Asian at others (Horowitz 1991). Each of these populations was brought in to address labor shortages at the turn of the 20th century. In that sense, it is as artificial a construction as the “Coloured” population. The Indians are primarily located in the eastern part of the country. The “White” population consists of two distinct groups. The Cape Colony in South Africa was established by the Dutch East India Company in 1652, and then taken over by the British in the 19th Century. Since that time there has been deep ethnocultural antagonism between the British descendents and the Afrikaners. The Afrikaners (or, less politely, the Boers) are descendents of the Dutch and other European countries. Michael MacDonald (2006) points out that in the 19th century membership in political identity groups was neither based on color nor on culture. If it had been based on color alone, the British would have been welcome in the Boer areas, and they weren’t. If it had been based on cultural practices, those Coloureds who spoke Afrikaans and worshipped at Dutch Reform churches would have been members of the Afrikaner community, and they were not, even though some had the same ancestors.

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Black Africans are comprised of nine different linguistic communities or tribes that at times have been hostile toward one another, and at other times united against the common enemy of white supremacy. They did not form a community, culturally or politically, until recently. Their identity was based on kinship, tribe or clan--not their common race (MacDonald 2006). Figure 1 shows the relative sizes of these population groups, using home language as the means for distinguishing among Black Africans.

Figure 1 Proportion of Population using each Home Language (2001)

13.3%

8.2%

1.6%

17.6%

23.8%

9.4%

7.9% 8.2%

2.7% 2.3%

4.4%

0.5%

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

Afrik

aans

Engli

sh

IsiNe

bele

IsiXh

osa

IsiZu

lu

Sepe

di

Seso

tho

SiSwat

i

Setsw

ana

Tshiv

enda

Xitso

nga

Other

Source: Statistics South Africa. Population census 2001 Pre-democratic formation of identity groups With so little in common with one another, how were these identity groups established? Until 1904, there was a relatively simple method of categorization—an individual was either of European descent or a “non-European” as recorded by the in the Census. Beginning in about 1904, however, Coloureds came to be considered a category of intermediate status between the Bantu (native Africans) and those of European descent (Goldin 1987). In 1910, the two British colonies and two Boer republics were merged into a unified state, each bringing its own race-based accumulation of legislation. Each law used different criteria for defining race so that the same person could have been classified as one race by one law and another by another law. Distinctions could be based on descent and/or on appearance, and/or general acceptance and repute, and/or mode of living. Unifying the state under British rule did nothing to standardize definitions; rather they became only more ambiguous. Into which racial bucket one was assigned, however, was very important as the designation would specify all rights, including where one would live, what jobs could be held, how and where one traveled, and so on (Posel 2001).

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In 1948, the Afrikaner-based National Party (NP) came to power. The new government put forward a program of apartheid, which can be summarized by a pamphlet put out just before that election: “The right of the non-European to exist and to develop is acknowledged, but apart from and under the guidance of the European” (quoted in Giliomee and Schlemmer 1989: 96). The Population Registration Act, passed in 1950, attempted to settle the ambiguity with respect to racial classification. It created very sharply defined racial definitions with resolute barriers among them in order to ensure “racial purity.” Placement into a category was based on appearance and lifestyle rather than lineage. Classifications were to be made “according to the views held by members of that community.” The statute offered the following definitions:

• “‘ethnic or other group’ means a group prescribed and defined by the Governor General”

• “’Native’ means a person who in fact is or is generally accepted as a member of any aboriginal race or drive of Africa”

• “’White person’ means a person who in appearance obviously is, or who is generally accepted a white person. But does not include a person who, although in appearance obviously a white person, is generally accepted as a coloured person’

• “‘coloured person’ means a person who is not a white person or a native” (Statutes of South Africa 1950: 277).

Every South African had to be officially designated a member of one of the official races. To demonstrate the arbitrariness of it all, people could apply to be reclassified. For example, according to 1989 Parliamentary records, 573 people applied that year to be reclassified from Coloured to White and 369 from Black to Coloured. Another 218 applied for other changes (e.g., Coloured to Chinese, Indian to Malay). Of these reclassification appeals, all but 100 were successful (RSA Parliament Interpellations, Questions and Replies; 2nd session; 9th Parliament 2 Feb to 22 June 1990 vol 90: 498). The Apartheid government did not stop at ensuring everyone was properly racially defined. They also sought to enforce cleavages among racial groups. The Group Areas Act (Act 41 of 1950) gave officials the authority to evict Indians and Coloureds from their residences and relocate them to their own “group” areas (Goodman 1999). Segregation was also enforced through the Prohibition of Mixed Marriages Act (Goldin 1987). The 1959 Promotion of Bantu Self-Government Act established eight Bantustans (also called homelands). Each was to be populated by a different Black “tribe” and was to become self-governing and eventually independent (Goodman 1999). This program was never fully carried out as no bantustan ever became homogenous despite forced movement on a considerable scale (Guelke 1992). Once a homeland was granted independence, Africans associated with that homeland, lost their South African citizenship. Assignments were made primarily through linguistic

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and/or cultural affiliation. Even citizens living in urban areas were assigned to homelands, even if they never stepped foot inside it (Guelke 1992). Africans were only allowed in the cities if the Whites were in need of their labor (Giliomee and Schlemmer 1989). Ironically, in making race politically extreme and in subjecting all Black Africans to a common edict, the Apartheid government broke the back of these communities. Doing so gave Blacks a reason to organize on the basis of their common racial identity (MacDonald 2006). If the Coloureds were to be assigned a homeland, the most logical place would be the southwestern portion of the country now called the Western Cape as that is where the majority live. That area was also home to scores of Afrikaners, however. The ruling National Party was therefore divided on the question as to what to do with the Coloureds given their shared language (Afrikaans), homeland (Western Cape) and, in many cases (although not discussed) common ancestry. Eventually it was decided the best strategy for co-existing with the Coloureds was to pacify them by affording them better treatment than the Black Africans (although clearly not the same status as the Whites) (Goldin 1987). This required controlling the entry of Africans into the region, and reducing the potential for labor market competition that might occur between the Coloureds and the Black African workforce (Humphries 1992: 170). Measures to exercise controls over the movement, residence and employment of Africans were collectively known as the Coloured Labour Preference Policy. This proved to be an effective means to “divide and conquer” that, as we shall see, has had lasting repercussions long after the fall of Apartheid. In short, within a couple of decades of taking power, the NP had successfully “bureaucratized the idea of race as a social construct” (Posner 2001). Or, as Castells (1997:8) would put it, the party had introduced a “legitimizing identity” to “extend and rationalize their domination.” Government officials confounded the divisions among black African clans, and threw them out of cities. Instead of diffusing potential resistance, the Africans rallied and fought back. A Coloured community, in some ways sharing more in common with the Afrikaners than with each other, was more or less clearly demarcated. That community was then given rights greater than those of the Africans but less than those of the Whites. The two White groups formed an uneasy alliance, but with the Afrikaners at the head. In the 1980s, Prime Minister Botha made some additional “reforms,” known as the “Total Strategy.” These were made in recognition of the reality that the opposition could not be contained by repression. One of these was to add to the all-White Parliament a House of Representatives for Coloureds and a House of Delegates for Indians. Of course the majority population, Black Africans, continued to be disenfranchised. In reality, the representative elected bodies that now Coloureds and Indians were entitled to had little power as legislation still had to be approved by the all White President’s Council (Goodman 1999). By the mid 1980s, escalation of conflict at the local government local level led to discussions of reforms at that level as well (Cloete 1995). In response to increasing organized internal opposition as well as financial sanctions imposed by the international community, greater reforms began to occur. Many of the apartheid government’s severest laws were rescinded.

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Although political turmoil continued into the 1990s, an Interim Constitution was produced in 1993 (Act 200 of 1993) that provided an institutional framework for a transition from Apartheid a democratic state. The self-governing homelands and independent states were re-incorporated into a new Republic of South Africa with nine provinces. In 1994, the first democratic election was held, and the African National Congress (ANC,) dominated by the majority Black Africans, took power. The final Constitution (Act 108 of 1996) was implemented in 1996.

Forging a Representative Bureaucracy in the new Republic of South Africa Defining characteristics that would be “represented” in the new RSA By the early 1990s, it was already clear to many officials that a representative bureaucracy would be a critical factor in the nation’s transformation.2 Chapter 13 §212 (2)(b) of the Interim Constitution of 1993 specified that the public service shall “promote an efficient public administration broadly representative of the South African community.” Chapter 10, §195 of the final Constitution reads “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.” Appendix 1 lists the many laws and policy papers that reiterated this commitment to a representative bureaucracy. The undertaking would be considerable. At the time of the first democratic election in 1994, 94% of the management echelon of the former RSA public service was White and 97% was male (DPSA 1996:24). Clearly the bureaucracy, particularly at the leadership level needed to become more “representative” of the population. But how should “representative” be defined? Which groups should be identified and privileged for any measures designed to achieve representation? How specifically should past imbalances be identified? Should representation be as narrowly circumscribed as to ensure that each African linguistic community was proportionally represented in the bureaucracy? There was some precedent for this at the time negotiations for the new government were taking place. Chief Buthelezi, leader of the Zulu-dominated Inkatha Freedom Party (IFP) challenged the right of the ANC to represent his party, and therefore the Zulus, in negotiations in Pretoria (Barber 1994). Or, should representivity be defined on a much broader level? At the other extreme were those that wanted to minimize, if not eliminate, a focus on racial categories at all. ANC president Nelson Mandela repeatedly expressed his commitment to a nonracial and nonsexist society. In a famous speech delivered in May 1996, then Deputy President Thabo Mbeki declared the party’s refusal to “accept that our Africanness shall be defined by our race, colour, gender or historical origins” (quoted in Kriel 2006). It was also clear from debate in Parliament that the members of the National Party and others were also not comfortable with an emphasis on “group” identities. Mr. J.H. Hoon, an Indian Member of Parliament said: 2 Two members of the pre-democratic Parliament were already quoted on the subject earlier in this paper (see page 3).

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…[I]t is my considered belief that the Indian community is unequivocally committed, as I am, to a nonracial and fully democratic future South Africa where human rights, as opposed to group rights, will be respected and race discrimination will be eradicated, and where group rights based on race will be rejected (Hoon, J.H. Extended Public Committee 11 May 1990: 8773).

Writing on the eve of the first democratic election, James Barber (1994) notes that South Africans were poised to go either way—toward identifying themselves narrowly as, for example, Zulus or Afrikaners or more broadly as South Africans. It would depend on how others defined themselves. He writes:

The new South Africa may generate a sense of common identity, and create circumstances which encourage the growth of an overarching nationalism. A range of influences will come into play. . . However, the strongest influence will come from the new government through its distribution of resources, the messages it preaches, the appointments it makes, and its successes and failures (Barber 1994: 73).

That is, as Courtney Jung would say, what would matter was how control is dispersed “over the allocation of resources and power.” In this case, the resources and power at stake were the positions within the bureaucracy of the South African public service. How the groups would be defined would influence who would be given access to these jobs and the authority that accompanies them. The initial goals for management positions set by the new government in the White Paper on the Transformation of the Public Service (WPTPS) in 1995 are shown in Table 3. These were seen as minimum targets on the way to achieving a public service representative of the nation’s population. Ultimately management proportions were to reflect the population proportions.

Table 3: Goals Specified by the White Paper on the Transformation of the Public Service (WPTPS)

in 1995 Position in

1997 Goal to be achieved

Gap to be filled

Percentage of Blacks at management level

33% 50% by 1999 17%

Percentage of women new recruits at management level

13% 30% by 1999 17%

Percentage of people with disabilities∗

.02% 2.0% by 2005 1.7%

*These figures are only an estimate as there is no accurate record of these numbers Source: “WPTPS” (1995:10.6)

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These goals have been periodically updated. Table 4 presents the most recent version of the objectives.

Table 4 Goals Specified by the President’s Cabinet in June 2006

Position in

2006 Goal to be achieved

Gap to be filled

Percentage of Blacks at management level

71% 75% 2009 4%

Percentage of women at management level

29% 50% by 2009 21%

Percentage of people with disabilities

.2% 2.0% by 2010 1.8%

Source: Presentation to the Portfolio Committee on the Public Service and Administration by the Public Service Commission 16 August 2006 Note that in this case, only the term “Black” is used, rather than delineating each nonwhite group or even using the term “nonwhite.” There is historical precedent for this notion as well. An important strand of active resistance that grew out of the student politics of the 1960s and 1970s was the Black Consciousness (BC) movement. Its founder, Steve Biko, called for a definition of “Blacks” that was not related to skin color. Instead, he defined Blacks as “those who are by law or tradition politically, economically and socially discriminated against as a group in the South African society and identifying themselves as a unit in the struggle towards the realization of their aspirations.” In other words, “…being black is a reflection of mental attitude” (quoted by MacDonald 2006:118).

Given the united front the ANC was attempting to forge, the use of the overarching term Black in the above tables is perhaps appropriate. In light of the arbitrariness of the racial categories imposed by the Apartheid regime through such mechanisms as the Population Registration Act, this may well be fitting. But subsequent white papers and legislation subdivided “Blacks” into three racial categories: African, Coloured and Indian (including Asians) (White paper on transformation 1995, Employment Equity Act, (Act 55 of 1998)). Employers are required to report annually on their occupational profile and the numerical goals they have set for male and female employees in each of those three racial groups, as well as for White women. Debra Posel (2001: 109) notes the irony that “despite the repeal of the Population Registration Act, these racial categories are still writ large in the everyday life of the citizens of the ‘new’ South Africa.” While there continues to be controversy on the subject of race, “there is little reason to suppose that [these racial constructions will] atrophy spontaneously.” The reason is that the categories continue to be politically salient. In a series of polls beginning in 1997, the Human Sciences Resource Council asked respondents to describe themselves in three words. In 1997, nearly half used racial categories. In subsequent

15

years, while there was some fluxuation, ethnic identification remained strong (Klandermans, Roefs and Olivier 2001). Recall that it had only been the decade before that the Apartheid government abolished the policies granting the Coloureds a status superior to the Africans, yet disadvantaged with respect to the Whites. Thanks to P.W. Botha’s policies thousands of Indians were enjoying middle class incomes, educations and housing facilities (Hansen 2000). It is perhaps because of these policies that studies have shown that Africans continued to face less favorable treatment in the workplace long after Apartheid’s demise. “While such divisions and exclusions [based on race] were legally and socially enforced during apartheid,” writes Zimitri Erasmus, “today the divisions appear to be almost self-imposed, while exclusions are so subtle they are often very hard to recognize and identify” (Erasmus 2005:14). Comments made by Members of Parliament in the new RSA during a debate about affirmative action confirmed that the wounds inflicted by the Apartheid categorization process had not healed. Mfuniselwa J. Benghu, a member of the new RSA National Assembly from the IFP was well aware that Africans were at the bottom of the barrel under the Afrikaner and British rule. He said:

[S]ome of us do not actually fully understand the school of thought which says that the term “black people” refers to African, coloured and Indian people. This would actually mean that the whole implementation would be a top-down approach as against a bottom-up approach, in the implementation of affirmative action. A bottom-up approach would be an approach that exclusively addresses the plight of the African people. That is where we must start because—and all members—know this—the African is the least equipped with the necessary skills to survive the economic upheaval He is the first to be fired and that last to be hired when jobs become available. In short, comparatively speaking, the African was the one who was grossly and inhumanely oppressed and colonized. (M.J. Benghu, National Assembly 21 May 1998:2856)

Mr. T.D. Lee from the Democratic Party, and a Coloured, saw it differently: (National Assembly 21 May 1998:2867): “Although affirmative action is negatively affecting the destinies of all racial groups, I want to limit myself to the effect it has on my own people, and here I am referring to the coloured people. It sometimes seems that we are worse off under this dispensation than the previous racial one.” He goes on to give several examples where Coloureds were passed over for jobs in favor of Africans, adding (p. 2870): “This also leads me to conclude that the coloureds are only included in the black group to conceal the fact that very few of us are benefiting from affirmative action. “ Others continue to believe categories defined for representation should be drawn even finer than race, to reflect dimensions such as social class, rural vs. urban interests, family background and/or generational differences (Habib, 2006; Gonomo 2007, Nyembe 2006). Nevertheless, by the time the White Paper on the Transformation of the Public Service was issued in 1995, it was clear that the government was going to strive

16

to be representative of Blacks, women and people with disabilities and that Black would be defined as “members of the African, Coloured and Indian communities” (WPTPS §10.1). Getting there from here: Obstacles to achieving a representative bureaucracy Having defined the characteristics to be represented in the new bureaucracy (along the lines of race, sex and disability) measures had to be taken to achieve this state of affairs. The legacy of Apartheid, however, left many impediments that made this a difficult task. Some of these were institutional, some reflected indifference to the majority of the population, some were perceptual and still others resulted from the deliberate racial divisions from the previous era. This section will just briefly describe some of these. The newly elected leadership of the RSA inherited a splintered government that had to be put back into working order so that it could be operated efficiently and democratically. This required uniting fifteen civil service systems, including the four independent states and six self-governing territories, employing 1.2 million public servants into a single national system. The new structure comprised 32 departments, offices and services at the national level and the establishment of 9 provincial legislative authorities and administrations. Moreover, the civil service system itself was dysfunctional and disjointed, lacked popular legitimacy, accountability, transparency and effective service delivery. It was mired by top-down management, an absence of effective management information, low productivity, poorly paid and demotivated staff and labor strife. (“WPTPS 1995: §3.1.1, United Nations Human Development Program 2000). By many accounts it was bloated, and yet Section 236(2) of the Interim constitution provided the right of job retention to incumbents (largely White men) in the bureaucracy. At the same time, across-the-board incentives were offered for incumbents to leave their jobs to make room for new employees. These caused some departments to lose much needed skills (Arries 2006). Incorporating blacks and women into the civil service was further hampered by disinvestment in them during the previous decades. The low prioritization given to providing Blacks and women with education meant many were inadequately prepared to compete for government jobs. (“White paper on a Programme” 1997: 1.4). Nor did they have the requisite experience. While Blacks could be found at all levels of the civil service in the Black self-governing territories that existed under Apartheid, those Blacks that were in the public service of the former RSA were doing low level work (Sidloyi 1996). Similarly, women in the public service were predominantly found in low paid work in the fields of education and health. People with disabilities were perhaps the worst off as a result of severe educational disadvantages, past discriminatory labor legislation and other physical and social barriers (“White Paper on Affirmative Action” 1998). Clearly some form of affirmative action would be needed, and it is apparent from the Members of Parliament quoted above that such measures would be controversial. Employers’ responsibilities for eliminating unfair discrimination and taking affirmative action were codified in the Employment Equity Act (EEA no. 55 of 1998). The debate in the Assembly leading up to the passage of the bill was emotional, resulting at one point

17

in a Member being ejected from the House for calling another Member a racist (House of the Assembly 20 Aug. 1998:5235). The EEA also codified the groups that would benefit from affirmative action: Blacks, women and people with disabilities, and further now statutorily defined Blacks as Africans, Coloureds and Indians. A Member of Parliament explained:

In order to redress our legacy of discrimination, the Bill unavoidably recognizes groups. Not to have done so would have meant paying no more than lip service to the eradication of apartheid. People were discriminated against because of the groups they belonged to, or were forced into, not because of the individuals they were (G.G. Oliphant House of the Assembly 20 Aug. 1998:5220)

The Act requires government departments to set incremental targets for the eventual achievement of the objectives specified by the President’s Cabinet, first in Table 3, and most recently in Table 4 (PSC 2006). The incremental targets are to be set for each racial group (including Whites), male and female. The targets are to be based on the “economically active workforce” in the province.3 So, since Coloureds comprise 51.2% of the economically active labor force in the Western Cape, departments in that province are expect to set targets that will result in a workforce that is 51% Coloured. The EEA permits the use of affirmative action measures to achieve targets. However, such measures can create discord in any work environment because there is a perception that those not given a leg up by it will “lose” through no fault of their own. Friction is apparent even among its intended beneficiaries. For example, there are some who object to the targets that are set in the Western Cape province. In that province the economically active labor force is comprised of 51.2% Coloured and only 29.7% African. These numbers are completely out of proportion with the national population where Africans represent 78% of the population and Coloureds represent only 9% (see Table 1). The reason for the disparity is, at least part, due to the Coloured Preference Policy that was enforced under the Apartheid regime. That policy encouraged Coloureds to live in the Western Cape area while strictly regulating the entry of Africans. For that reason, some have raised the notion that the benchmark for employment equity should be national labor force figures, rather than provincial (Maharaj, 2006). The tension between Coloureds and Africans is palpable in Western Cape departments (Arries 2006, Maharaj 2006, Lose 2006, Manyathi 2007). For this reason, a target of 75% Blacks (which includes all racial groups) is certainly more acceptable than one that is broken down by racial group. Figure 2 provides an example of how this plays out in the Western Cape’s Department of Health. In that department, Coloured women are overrepresented in that they hold 48% of the jobs (largely as nurses) in the department while representing only 24% of the

3 The law excludes the National Defence Force, National Intelligence Agency and South African Secret Service from definition of public service (EE Bill 1998:1). Economically active includes both the employed and unemployed in the labor market.

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economically active population in the Western Cape. In practice, this means that a Coloured woman is going to find it difficult to get a job in that department in the occupational areas in which she is overrepresented. She may well blame this on affirmative action and any other efforts the department is using to achieve a representative workforce. At the same time, of the department’s 32 senior officials and managers, only one is African while 10 are Coloured (not shown). The Africans may believe that the Coloureds, who had advantages the Africans were denied in the previous regime, are unjustly blocking their efforts to move into senior positions. Hence, while affirmative action is an important tool for achieving passive representation, it can also exacerbate tension in the workplace ultimately undermining some of its potential contribution.

Figure 2 Existing and Target Representation in Western Cape Department of Health (percent)

10

14

48

24

10

12

8

5

16 16

27

11

7

10

0

5

10

15

20

25

30

35

40

45

50

Afrcn W

mn

Clrd W

mn

Ind W

mn

Wht

Wmn

Afrcn M

en

Clrd M

en

Ind M

en

Wht

Men

ExistingTarget

Source: Internal document from the Department of Health

In short, the new South African government faced many challenges in its quest to achieve a passively representative bureaucracy. These included defining those groups for representation in a way that would promote the objectives of a representative bureaucracy, and instituting the massive institutional transformation required and investment in the population while navigating the cleavages created during the past century. The final section of this paper looks at how the South African government’s efforts to achieve its aspirations for passive representation have been evaluated by its own departments, and by South African academic researchers.

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Monitoring Representivity: Government Reports and Academic Assessments The achievement of a public service broadly representative of the South African people is an objective called for in the Constitution. Two oversight entities —the Public Service Commission (PSC) and the Department of Public Service and Administration (DPSA) are responsible for monitoring departments’ progress in achieving that objective. This section of the paper begins with a broad overview of the focus, conclusions and recommendations of the two national departments responsible for the overseeing the national and provincial civil service systems. More detail is provided in Table A, Appendix 2. The paper then reviews assessment of that progress as reported on by South African researchers. That is further reported on in Table B, Appendix 2. The DPSA and PSC appraisal of the governments’ progress in achieving passive representation can be thought of in two periods. The preliminary period begins at the time of the first democratic election (1994) and continues until the Employment Equity Act (EEA) passed in 1998 (see table A, Appendix 2). This first period represents the transition from the old regime to the new one. During this transition phase, both bodies were focused on developing a “policy framework for the promotion of a broadly representative Public Service” and on specifying specific measures for doing so (DPSA 1994:14). The first annual report issued by the PSC in 1994 reported no numbers, nor provided any conclusions or recommendations, but rather just noted the importance of achieving a representative public service. Subsequent reports by both agencies also stressed the importance of passive representation in government and began reporting the proportions of each identity group and women holding these positions. “While the long-term strategy was being developed in 1994,” the PSC wrote, “it became clear that urgent changes in the composition of the Public Service were required” (PSC 1995:10). Subsequent reports generally give the departments good marks for increasing the representation of Blacks in management, while expressing concern about the slower progress being achieved by women. The focus of the oversight bodies’ recommendations was on increasing representation and on finding ways to put pressure on management to do so. The PSC (1995) recommended more training and special programs to increase representation. A year later the DPSA (1996) suggested advising managers that the overrepresentation of Blacks at the lower salary levels and of Whites at higher ones, “requires serious attention.” In 1997 the DPSA recommended that accountability for affirmative action be built into managers’ performance objectives and that Parliament should institute regular hearings to keep tabs on departments’ progress. At that time DPSA was also working to develop a database (later called PERSAL) to capture such individual employee attributes as race, gender, occupation, and salary level. This database was clearly necessary to track progress toward achieving targets. The passage of the EEA in 1998 put on statutory ground the requirements that employers (private and public) eliminate discrimination and achieve representative workforces. In the section on affirmative action, the statute requires employers to conduct regular analyses of the representativeness of their workforces and to, in

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consultations with employees, prepare a plan for achieving equity. It further required them to issue regular reports on passive representation in their workforces while also identifying obstacles to its achievement. Responsibility for coordinating and overseeing employment equity was given to the Employment Equity Commission in the Department of Labour. The second period, from 1998 on, the PSC and DPSA seemed to breathe a sigh of relief at the growing representation of Blacks overall and in management, while noting that women and people with disabilities had not done as well. Instead, their reporting shifted in three ways.4 They:

• Focused on the continued poor representation of women in management and even poorer representation overall of people with disabilities. The DPSA issued its “Strategic Framework” in 2006 addressing women’s lack of progress while the PSC released its own study in 2007. These efforts delved much deeper into understanding the organizational cultural and societal issues that are preventing women from making greater inroads into high level positions.

• Parsed the public service into smaller parts to uncover “stark variation,” as DPSA (1999/2000) puts it, in target achievement among departments and provinces.

• Looked, again as DPSA put it, “beneath the veneer” to what is going on in the workplace that may stand in the way of achieving representation objectives. For example, in 2005, the PSC began using the language of the “managing diversity” literature that has been popular in the U.S. since the early 1990s. In its audit of affirmative action, the PSC examined whether departments had in place the “empowerment aspect of affirmative action” which includes such components as mentoring and coaching, personal development plans and leadership and management interventions. In that report, the “quantitative analysis of affirmative action”; that is, that part of their analysis that highlights passive representation of Blacks, women and people with disabilities, was summarized in just one half of one paragraph in the report’s 9 page executive summary (Feb. 2006:viii). In its 2007 report, the PSC wrote:

In taking these efforts forward, a key consideration for the Public Service is to ensure that representivity is not just about replacing one face with another. Efforts that work only on the basis of numerical targets but ignore the creation of a suitable organisational climate cannot have long-lasting results (PSC 2007:62).

During this later period the PSC provided more detailed instructions as to how to engage human resource management processes in creating an environment more supportive of a diverse workforce. Departments should broaden their evaluation of affirmative action beyond just the achievement of numerical targets, the PSC advised in 2001. In 2002 it

4 Beginning in 2001, the PSC’s State of the Public Service reports focus on the achievement of the 9 principles for public administration that are enshrined in the national constitution. These principles are provided in Appendix 3. The 9th principle addresses the importance of a representative public service.

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stressed the importance of providing specific skills training to “affirmative action appointees.” In 2004 the PSC suggested that career pathing and performance management be put in place to encourage more effective recruitment, development and promotion. Its 2006 report directed departments to embark on rigorous skills analysis to ensure that employee development plans were addressing needed skills. In 2007 the PSC notified departments of an urgent need to raise levels of awareness about the benefits of diversity.5 In order to gauge how academics view passive representation, a literature search was conducted to identify South African scholars who had presented passive representation data since 1994. The eight articles that were found appear in table B, Appendix 2. These articles follow along similar lines to the reports presented in the previous table. The early pieces, such as the one by Cloete, focus on the numbers. Cloete (1995: 193) states that “The current public service experiences a severe identity and legitimacy crisis.” This is not because most public servants are White, Afrikaner, and male, he observes, but because that group occupies virtually all the management positions and that is “not acceptable to the majority of South Africans in its present form.” (Cloete 1995:193). Sidloyi (1996) is similarly focused on how to achieve the numbers. He advises that public sector reform should create opportunities for more hiring in order to improve representivity. In a 1999 piece, Sing asks what the policy framework for affirmative action is and counsels that goals, targets, timeframes, etc. should be dynamic. In her 1999 piece, former PSC Commissioner Yvonne Muthien digs a little deeper. She notes that current affirmative action policies are aimed at addressing numerical imbalances, but that the downside is that the changes “remain at the level of visible representation, without necessarily altering relations of power and influence in decision-making.” (1999:225). She is moving “beneath the veneer” into the more subtle factors that lie underlie passive representation. Thompson & Woolward (2002) focus again on passive representation, but highlight the trouble with women and people with disabilities in particular. Subsequent pieces address more directly than the government reports the issue of inadequate training of Blacks as an impediment to achieving representation goals. Naidoo (2005) also focuses on the problem of management capacity. He notes that the public sector has a harder time recruiting skilled workers than the private sector. Moleke (2006) points out that efforts to increase representation can only go so far as long as there is an underlying skills shortage and as long as the private sector is better able to compete for those with skills than the public sector. Finally, in his recent introduction to the Human Science Resource Council’s annual State of the Nation report (2007) Roger Southall shows the impressive progress that has been made in achieving passive representation but then offers a severe indictment of the ANC’s efforts to achieve it:

5 It is also worth noting that in its most recent report, the PSC (2007) reported the total representation of Africans in senior jobs, not other nonwhites (without comment). These ranged from 52% in the Western Cape province to 92% in the province of Limpopo.

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The ANC opted for a short-term strategy of middle-class replacement through on-the-job affirmative action rather than choosing to invest in human capacity over the long term. The outcome has been a low level of administrative performance and the extensive abuse of their powers and positions by many self-serving public servants (Southall 2007:8).

Together, the analyses by oversight departments and academics demonstrate suggest at least two stages that organizations pass through in an effort to achieve a representative bureaucracy. During the first stage, South Africa, in this case, aims to attain pure passive representation. That aim continues to be important, especially with respect to women in management and people with disabilities. The DPSA and PSC also expect to see departments and provinces that have not met overall objectives to redouble their efforts do so. However, in more recent years, with the framework for affirmative action firmly in place, these oversight bodies have moved on to a more qualitative understanding that, at least with respect to Blacks, getting the numbers was the easy part. Increasing the representation of women and people with disabilities, and in sustaining those numbers requires more. It necessitates a greater investment in changing the organizational climate, and making investments in individuals through measures such as individual development plans, mentoring and training. It also has become quite clear to the PSC that they are not going to meet targets with respect to women until the traditional organization climate transforms into one more accepting of women in management and supportive of the dual roles experienced by those who are mothers as well as managers (PSC 2007). In other words, the second stage in achieving a representative bureaucracy requires a close examination of whether the individuals in place in organizations have the power and authority to be able to carry out their work in serving the diverse communities they represent (Naff 2001). Much of the literature on representative bureaucracy makes the assumption that passive representation, or “the extent to which a bureaucracy employs people of diverse demographic backgrounds, leads to active representation, or the pursuit of policies reflecting the interests and desires of those people” (Selden 1997:5). Indeed, many South Africans believe that the purpose of a representative bureaucracy is to improve service delivery. To the extent that hasn’t happened (in their personal experience) they believe the project of achieving a representative bureaucracy has failed. For this reason, it is important to examine whether obstacles stand in the way of these newly appointed bureaucrats fully carrying out their authority. This may be for any number of reasons including that they were not well trained or qualified when selected, they are marginalized, or because past divisive treatment under Apartheid between Coloureds and Africans, for example, has impeded working relations. It is these other factors which the PSC and some scholars are beginning to address.

Conclusion The purpose of this paper was to examine passive representation, a central component in the theory of representative bureaucracy. Its premise was that too much research has taken for granted the notion that the suitable representatives assumed by theory can be

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identified, fully employed by organizations and presumed to have the capacity to serve their representative role. Instead, as the South African case shows, it is much more complicated than that. The questions posed at the beginning of this paper can be answered as follows: The issue of what is to constitute an identity group for purposes of passive representation was not easily resolved. There was much angst about whether “groups” should be recognized at all in a society striving to overcome racism. In the end, categories recognized turned out to be those artificially created and maintained under White rule, and codified in the Population Registration Act: African, Coloured, Indian (aka Asian) and White (or sometimes, just Black and White). This categorization was of questionable suitability in that these were not natural identity groups sharing a common culture or even race. Rather, in some situations a Coloured might have more in common with a White than an African in some situations. And in others, distinguishing between Africans and Coloureds, for example, disregards the fact that all nonwhites shared the common heritage of discrimination. The achievement of a representative bureaucracy has been problematical for a number of reasons. These include the legacy of apartheid which left splintered institutions and a damaged society. Also left from the apartheid era were individuals, many lacking desired levels of education and specialized experience, still smarting from the apertures created by the previous government. Overall, government oversight departments as well as South African scholars have been satisfied with the progress in the representation of Blacks. They have been less so with women and people with disabilities. In subsequent studies in both arenas, however, analysts have become more demanding. They have called attention to significant disparities among departments and provinces that are masked by aggregate level data. These analyses have also delved deeper into organizational dynamics. They have found that more must be done to create work environments where the newly diverse workforce is continually being developed and empowered. The next stage of this research is twofold. One component will use (PERSAL) data on current employment levels by race, sex, salary level and occupational category as well as accessions and separations to examine how long it will take for the national and provincial departments to achieve the targets for passive representation set by the President’s Cabinet (see Table 4). While many of the analyses described in the last section of this paper have tracked changes in passive representation over time, they have not attempted to forecast into the future given current levels of hiring and separations. The second component will assess the extent to which the proposition that passive representation increases citizens’ confidence in the government applies. It will be based on representation data by province, and over time as the independent variable, and citizen satisfaction survey data from 1994-2007 as the dependent variable. The theory of representative bureaucracy holds, inter alia, that passive representation leads to active representation. And so it is only logical that much of the South African citizenry expects its newly representative bureaucracy to greatly improve service

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delivery. But before we can reasonably put that expectation to the test, it is vital to understand what passive representation really means, the premises that underlie it and how we will know when it is in place.

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Appendix 1 Selected List of Official Policy Statements Supporting Representative

Bureaucracy Date Document Statement

1993

Interim Constitution of the RSA 1993 (No. 200 of 1993), Chapter 13, § 212

“There shall be a public service for the Republic . . .[that shall] promote an efficient public administration broadly representative of the South African community;

1993 Constitutional Principle, XXX-1.

“There shall be an efficient, non-partisan, career-orientated public service broadly representative of the South African community, functioning on a basis of fairness . . .”

June 1994

Public Service Act, 1994 (No 103 of 1994)

“In the making of any appointment or the filling of any post in the public service. . . the evaluation of persons shall be based on training, skills, competence, knowledge and the need to redress 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.”

Nov. 1994

White Paper on Reconstruction and Development (WPRD), Sec. 5.2.1

“The Public Service that develops should be broadly representative of the South African community.”

Nov. 1995

White Paper on the Transformation of the Public Service (WPTPS), Sec. 1.1

“the service will need to be transformed into a coherent, representative, competent and democratic instrument for implementing government policies and meeting the needs of all South Africans (emphasis added) .

1996

South African Constitution 1996, (No. 108 of 1996), Chapter 10

“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.”

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Date Document Statement

Dec. 1997

White paper on Human Resource Management in the Public Service

“A professional and impartial Public Service which is representative of all sections of society is essential for efficient and effective government, and the achievement of South Africa's democratic, economic and social goals”

Mar. 1998

White Paper on Affirmative Action

The Public Service which is representative and draws on the talents and skills of the diverse spectrum of South African society, will not only be geared towards providing better services for all sectors of our society but will also enjoy legitimacy in the eyes of South African people.

Oct. 1998

Employment Equity Act ( No. 55 of 1998)

Stated as one of its purposes “to achieve a workforce broadly representative of our people.”

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Appendix 2 Tables with Greater Detail about Evaluative Reports and Articles

Key Af African B Black when it includes Coloureds and Asian/Indians Bl* When Black means just Africans C Coloureds I Indians As Asians (although I and As are grouped together, the chart uses the article’s nomenclature) W Whites M Male F Female PwD Persons with Disability

Table A: National Oversight Departments’ Reports on Passive Representation

Year Focus/Data reported Comments about findings Conclusion/Recommendation

THE FIRST 5 YEARS: TRANSITION

1994 PSC Annual Report

None provided Note importance of achieving rep and Describes steps being taken to achieve representation.

1995 PSC Annual Report

Representation of those selected for 11,000 vacancies that had been advertised: Bl, C, I, W, F. & new rep in mgmt (apparently B/W)

Successful short term initiatives, but “there is still a great deal to be done” (11). C, I and F poorly rep at mgmt level

Need more training and special programs to decrease underrepresentation

1996 PSC Annual Report*

What happened during Interim Constitution? Af,As,C,W & M,F by occupational levels & overall

“Good progress has been made” especially for As& C; Af and F less well rep

None

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1996 DPSA Annual Report

What has been the effect of affirmative action programs to date? Rep. of Af,C,As,W in Mgmt for 1994, 1996

Meaningful changes have taken place. Whites still hold majority of mgmt posts but Blacks now hold 36%. Women shows some improvement at 11%.

Overrep of Blacks at lowest salary level and of whites at highest “requires serious attention. Gender representativeness must be improved in sup. & mgmt.

1997 PSC Report on Rationalisation of Public Administration 1994-96

By 1996, Blacks held 54% of Director General posts. Provides numbers of Directors General by Af,C, As, W & M,F and same table as 1996 Annual Report

Describes table as “noteworthy.” The PSC believes it made a major contribution with its policy development in the area of, inter alia, achieving broad representativeness.

1997 DPSA Annual Report*

What progress has been made? Rep. of Af,C,As,W in mgmt.1994, 1996, 1997

Progress is being made in racial represent. Composition by gender “rather dismal” but making progress.

Build accountability for AA into performance objectives of managers. Parliament committee should institute regular hearings

THE LATER YEARS: CAPACITY BUILDING

Year Focus/Data reported Comment Conclusion/Recommendation

1999/2000 DPSA Public Service Review Report

Representation of Af,C,As,W in national & provincial depts.. 1996 & 1999 & in 1999 by sectors, salary & skills levels.; Rep. of M&W by sector

Composition reaching point where it will mirror population. Whites still have disproportionate share of top skill level jobs and African in lower ones.

This information will contribute to policymaking. Even now we are starting to detect patterns

2000 PSC State of Representativeness in the Public Service

Focuses on progress in achieving Cabinet’s targets (see table 3). Reports data by national & provincial dept. and by salary grp. for Af,C,I,W & M,F

Problems with data from PERSAL†. Available data show target for Blacks has been exceeded (54.5%) but not for women (18.3%) or PwD’s (0.1%)

Depts. are reminded to submit data to PERSAL. Depts. who have not achieved targets, especially PwDs should vigorously pursue them

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2001 PSC State of Public Service

Achievement of 9th Constitutional value (see Appendix 3); No data provided

Public service more diverse but implementation of affirm action varies among provinces

Broaden eval of AA beyond numerical targets. Need more comprehensive approach to improving and evaluating representativeness

2002 PSC State of the Public Service Report

Achievement of 9th Constitutional value; National and provincial data by race & gender

“Significant progress numerically” but racial distribution across occupational levels still impt. Concern. Representation of women and PwD’s still a problem.

Supplement employment equity programs with capacity building and providing skills training to “affirmative action appointees.”


9th Constitutional value: What has been done in past 10 years. Reports numbers of employees (not %) by Af,C,As,W & M,F for each provincial & natl dept. as of Dec. 2003

Public service succeeding “admirably” in addressing racial imbalances but women still in non-senior and “caring” jobs. PwD only 0.3%

Career pathing & perf. Mgmt measures should be put in place to encourage effective recruit, develop, & promo.


9th Constitutional value: To provide a roadmap and vision for the next decade. Same data as above as of Dec. 2004

Race & gender disparities vary widely among provinces & is the worst in the W. Cape. Good progress w/ blacks in sr. mgmt. but no mid-mgmt. Wmn underrep in mid & sr. mgmt. PwDs underrep at all levels

There “must be the authentication, valuation & appreciation of diversity.” (43) Need link between AA and HR planning. Powerful oversight bodies; e.g., Parliament, need to engage.

Feb. 2006 PSC Audit of Affirmative Action in Public Service

Comprehensive analysis of Affirmative Action. #B & W in each natl dept; rep by Af,C,As,W in national gov by salary level, senior and mid mgmt. Same for ea provincial gov. Same for women

Whites still “acutely over-represented at mgmt levels” and among Blacks, Afs still underrep.. Appears to be emphasis on achieving racial targets, but “serious problem attaining gender targets” (42)

Engage in concerted effort to employ PwD’s. Hold mgrs. Accountable for targets. Parliament committee should play greater role.

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Mar. 2006 PSC 2nd Consolidated Public Svc Monitoring & Eval Rept.

Extent to which depts. comply with 9th Const. value. Select provinces & depts. reviewed from 4/1/2002-3/31/2003 & rated on scale of 1-5.

“Impressive’ in meeting racial targets but “struggling” with gender targets and “dedicated attn” needed for PwD’s. Diversity mgmt not widely practiced.

Embark on rigorous skills analysis to ensure development plans address needed skills. “Reflect carefully” on Cabinet targets and “make concerted effort” to attract PwD’s and appt. wmn to senior positions.

April 2006 PSC State of the Public Service

9th Constitutional value: Does the state have capacity to reach objectives. Reports only rep. of F in senior mgmt by province.

Progress has been made in achieving targets but women need to be better represented in mgmt and PwDs overall.

Public service must “comprehensively address the question of representivity…. Gender mainstreaming must be applied to fullest extent.” (60)

Nov. 2006 DPSA. A Strategic Framework for Gender Equality Within the Public Service (2006-2015)

Analysis of what is required to achieve “women’s empowerment and gender equality in the workplace”. Reports rep. of women in public svc. overall & in mgmt across time, and in occupational. categories,

Makes clear that much more than increasing numbers is required. What is needed is the creation of an “enabling environment” to develop strategies to achieve women’s empowerment.

Concludes with a list of short, medium and long-term projects for implementing gender mainstreaming.

2007 PSC State of the Public Service

9th Constitutional value: its contribution to growth. Rep. of M, F & Af in Senior Mgmt Service. Nationally & in each provincial gov. as of 2006

Rep of women in mgmt is still “paints a worrying picture” & PwDs remains challenge

There is need for programs to target women for accelerated learning for senior positions. Urgent to raise levels of awareness on benefits of representivity so it is more than numerical compliance.

2007. Gender Mainstreaming Initiative in the Public Service

Representation of women in higher grade levels nationally and by provincial dept.

The focus on equity targets as the only indicator of gender mainstreaming presents limitations to empowerment. There are no programs designed to advance women.

Need specific program to accelerate recruitment of women and their training for higher level jobs.

*After 1996 the PSC, and after 1997, the DPSA reported only on their own workforces in their annual reports, as all departments are required to do. †PERSAL is the payroll system maintained by DPSA with data on all national and provincial employees.

32

Table B: Academic Assessment of Passive Representation Date/Author Focus Data/Source cited Comment on data Conclusion/Recommendations

1995/ Cloete

What is required for successful short-term transformation?

Bl*,C,As,W overall & in mgmt undated/source not given

“Public svc. faces severe identity & legitimacy crisis” (193)

Management of the public service must be strategically transformed.

1996?/ Sidloyi

What has changed from 1994 to 1996?

Af,C,As,W overall & (w/ M,F) in mgmt 1992-4/PSC unpublished 1996

“Meaningful changes have taken place” (146)

Public service reform should create opportunities for new staff to improve representativeness.

1999/ Sing

What is the policy framework for affirmative action?

Bl*,Wm; PwD’s in gen and mgmt. 1997-8/DPSA 1997 rept, 1998 Exchequer Report

No real comment Goals, objectives, targets, time-frames, etc. need to be regarded as dynamic.

1999/ Muthien†

What are underlying premises from obligation to make pub svc representative?

Bl*,C,I,W & M,F in mgmt 1994, 1997/ PSC 1996; new appiontees /PSC 1995

“Pattern severely skewed” but “initial results of AA drive reflect good progress” (221)

Statistical profiles are impt. But also need to look at underlying power relations.

2002/ Thompson & Woolward

What role has public sector played in improving EE in SA?

Af,C,I,W& M,F in gen & in mgmt 1995-2001/PERSAL (payroll data from DPSA)

Broad rep at nonmgmt level for all. Long way to go for Afs & C’s in mgmt. Progress of wmn in mgmt uneven

Public svc making great strides with race groups but not women or PwDs. Some backpedaling in 2000-01, esp. with women.

2005/ Naidoo

What has been the result of public svc transformation efforts to date?

Bl*,C,As,W in gen & mgmt/from Cloete 1995, DPSA 2000, PSC 2004

Significant shift in mgmt posts but problems in mgmt capacity

Transformation has a lot more complexity than has been acknowledged.

2006/ Moleke

What is skills profile of racial groups?

Bl*C,As,W skill distribution 2001-2004/DPSA

Government accounts for most progress by Africans in labor market but whites still overrep in high skill and sr. mgmt.

Current skills profile of public sector has to change. Requires better education and training

2007/ Southall

What is the current representivity of the public service?

Af,C,As, W national 2003, national & provincial 2003/Southall previous article

Civil service has become more representative.

ANC chose “middle class replacement” over investment in human capital,

†Ms. Muthien served as a Public Service Commissioner from 1994-1997.

33

Appendix 3

Section 195 of the 1996 Constitution

Basic values and principles governing public administration

1. Public administration must be governed by the democratic values and principles enshrined in the Constitution, including the following principles:

a. A high standard of professional ethics must be promoted and maintained. b. Efficient, economic and effective use of resources must be promoted. c. Public administration must be development-oriented. d. Services must be provided impartially, fairly, equitably and without bias. e. People's needs must be responded to, and the public must be

encouraged to participate in policy-making. f. Public administration must be accountable. g. Transparency must be fostered by providing the public with timely,

accessible and accurate information. h. Good human-resource management and career-development practices, to

maximize human potential, must be cultivated. i. 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.

34

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