- “A duty on an applicant for a position or a person to be promoted as well as the person who makes or controls the appointment/promotion, to disclose the existence of a family relationship or otherwise.
- “Where during an employment/selection/interview process it appears that there is a direct relationship between the applicant and a member of the selection panel, the latter should recuse himself/herself from such process.
- “Ensuring that no person is employed in a department or unit which results in the existence of a direct subordinate-superior relationship between such person and any relative.
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No two persons of the same family should hold positions in which one of them is directly responsible with regard to the fiscal and personnel status of the other”(...).
One must be careful, though, not to violate the Employment Equity Act (1999), which is intended to promote equal opportunity, eliminate unfair discrimination and implement affirmative measures. “Even though anti-nepotism policies might be feasible in the public sector, the circumstances and facts of each case should be taken into account. An applicant has a right to just administrative action and it is also in the interest of the employer to seek the best qualified applicants for positions and to further the careers of those employed regardless of whether they have relatives already employed at the relevant state institution. Furthermore, I do not think it would be reasonable to expect family members of public representatives to be excluded from pursuing a career in the civil service” (Public Protector,1999:20). I opine that fairness should characterise selection and interview processes, taking into account the fact that qualified applicants should not be discriminated against simply because they are related to senior officials in government. An official should disclose his/her relationship with the applicant to dispel any assumed nexus between the relationship and the appointment.
The African National Congress (ANC), as a party leading the government, has a policy on nepotism in the sense that its members are expected to… “combat corruption and nepotism”(). The Congress of South African Trade Unions (COSATU) takes it further by saying that they are prepared to “sacrifice without patronage or nepotism”. Be that as it may, members of Cosatu and the ANC may violate their own organisations rules without detection. Section 23(1) of the Bill of Rights, as enshrined in the South African Constitution, stipulates that everyone has the right to fair labour practices. This, in a nutshell, indicates that nepotistic practices would be in violation of the Constitution of South Africa.
JOB RESERVATION AND AFFIRMATIVE ACTION
Current, historical, and philosophical perspectives:
It has become apparent that the discourse of employment cannot escape the ambiguous definitions of nepotism; job reservation; and affirmative action. For some people the three terms are synonymous in that employment opportunities are reserved for particular individuals. I would argue that the three differ diametrically, especially when it comes to their specific intentions.
If one puts job reservation under the spotlight, one will understand that job reservation is actually a product of apartheid. “The first major job reservation legislation was the Mines and Works Acts of 1911. It made racial discrimination, in the form of hiring on the basis of race, official. It set aside 32 types of jobs in the Transvaal and the Orange Free State mining industry for which only Whites could be recruited” (Qunta, C., 1995:11). Apartheid as a system of racial segregation, domination and oppression characterized the South African political policy throughout the second half of the 20th century (1948-1994). Its aim was to maintain social, economic and political division, which in a way, was designed to safeguard white power, wealth and superior status. The cruel results of this policy could be seen in the form of job-reservation for whites, a system which Prime Minister D.F. Malan campaigned for its strict enforcement in 1948.
“Obsolete during the second world war, the ‘job reservation’ concept enjoyed a true rebirth at the end of the 50s. However, faced with a fast growing economy during the 1960’s and the 70’s, the white-run government was forced to cave in from demands from industry for a relaxing of the colour-bar throughout industry: South Africa’s booming economy needed qualified workers and demands could not be met by the country’s white population alone” (www.dadalos.org/int…). In other words, employers realised that keeping job reservation as an integral part of the South African economy was costly for them and it led to inefficiency. Some white employers in South Africa continue to use this system, although in a subtle manner. In 1978 “Employers Against Apartheid”, some of whom were members of the South African & Steel Industry, e.g., South African Railway, forced the “white trade unions to accept an agreement which prevented skin colour from being a criteria in taking on new workers…In addition to this, the bosses at the Association of South African Chambers of Commerce demanded that black trade unions be given full recognition in wage negotiations” (Wiedemann,E.,1981: pp.44-45). In response to this development, the trade union boss, Arrie Paulus promised that he and his comrades would “fight the betrayal of the white man to the last drop of blood”. A meritocratic system was relegated to an imaginary construct.
The diametric contradiction to job reservation is, in my opinion, affirmative action, given the fact that the latter seeks to redress the imbalances caused by the former. Affirmative action is defined “as a systematic, planned process whereby the effects of colonialism and racial discrimination are being reversed in all areas of life. Through proactive programmes, affirmative action provides opportunities not previously available to black people…Affirmative action properly implemented, will remove or at least minimize the incidence of racial and sexual discrimination in the corporate world” (Qunta, C.,1995: pp.1-2). One must note that affirmative action has met with antagonism from most white communities, from ambivalence, pessimism, to outright rejection. Nagel (1977:6-7.Cited in Hugo, 1992:73) sees this as a sense of “preferential hiring or reverse-discrimination designed to facilitate “access for those whose qualifications are lower…as a result of unjust discrimination in other situations…or for reasons of compensatory justice”. Some whites opine that affirmative action may lead to the lowering of standards. “On the question of dependency there is no evidence to show that affirmative action inevitably leads to lower performance as argued by conservative black writers like Prof. Shelby Steele of the United States of America. Innes (1992) rebuts Steele’s argument by asking the question: Why have other groups like women who are also beneficiaries of affirmative action done so well in the USA?” (Nkuhlu,W.L.,1993.Cited in Adams,C.,1993:13). The most important thing to do is for managers to change and extricate themselves from perpetual pessimism. That should be followed by the redressing of racial and gender imbalances.
The controversy surrounding, and sensitivity with which affirmative action is dealt with, has prompted various commentators to provide inputs in an attempt to remedy the situation. “The issue of affirmative action is quite emotional and controversial…One of the reasons is that it is extremely difficult to be neutral on matters of affirmative action because the subjects of gender and race discrimination, for example, cannot be neutral topics. If the objective is to eliminate sexism and racism, then…affirmative action, non-discrimination per se and strict and/or benign neutrality concerning gender, race and the other forms of imbalance will not be effective in eradicating the injustices of the past” (Ssekassozi, E. 1999:2). In other words it is almost impossible for one not to take a stand in the sense that one either supports it or does not. The reason behind this view is that some commentators see it as reverse discrimination while others see it as preferential treatment based on gender and race. Neutrality, in this instance, becomes an elusive stance, defies moral analysis, and remains authentic only to the beholder.
According to Fullinwider (1980, cited in Ssekasozi, E. 1992:15), reverse discrimination can be handled from a moral point of view, i.e., (1) Social Utility Arguments which basically say that “the aggregate well-being of society is promoted by some policy,” (in this case, affirmative action). (2) Distributive Justice Arguments which hold “that government has a positive duty…to increase the opportunities and improve the conditions of those who are” outside of social and economic system. (3) Legal Rights Arguments: Both sides in the controversy agree with the idea that every person was entitled to equality of opportunity. (4) Forfeited Rights and the Obligation to Compensate Arguments which urge massive reparations for rights denied in the past or the Compensatory Justice Argument.
I want to put across that I support his moral standpoints. Looking at the first one, Fullinwider indirectly sends the message that the citizenry has got to have access to a set of basic goods, be guided and protected by its government. Of course, those that have benefited previously should not be allowed to be beneficiaries in perpetuity, and neither should they be permanent victims of relative deprivation. Equal opportunities and Compensatory Justice are, in my opinion, two sides of the same coin in that justice and equality seek to be characterised by fairness in all their manifestations. In my view, equal opportunities and Compensatory Justice cannot be effected independently of moral authenticity and a culture of human rights. The definition of fairness continues to elude some critics in the sense that rectification of past imbalances is ironically seen as unfair.
INDIVIDUALISM AND ITS NEGATIVE MANIFESTATIONS
Some people might be forgiven for thinking that individualism and nepotism are binaries. I argue that that is not the case because the two concepts share a common element, i.e., selfishness. Individualism is a liberal Western concept, characteristic of which, is self interest. It is “an excessive or exclusive regard to one’s personal interest; self-interest; selfishness” (www.wordiq.com/dictionary...). One can infer that individualism sees the self as the only entity best qualified for the job, or upward mobility. This in a way creates the misperception that some people are more important than others, and in the process careerism creeps in, thus arresting progress in the organisation.
In his article entitled “Myths of Individualism” (1996), Tom G. Palmer quoted Professor Amitai Etzioni of the American Sociological Association as having said that libertarians, or classical liberals actually think that “individual agents are fully formed and their value preferences are in place prior to and outside of any society…They ignore robust social scientific evidence about the ill effects of isolation, and, yet more shocking, they actively oppose the notion of ‘shared values’ or the idea of the common good” (www.cato.org/pubs/policy...). I argue that nepotism itself has an individualistic ancestry in the sense that the new appointee stands to get benefits associated with employment, despite the fact that he/she is not qualified for the job. On the other hand, the “employer” stands to benefit through bribery, or other favours from the new employee. Undoubtedly, the two participants in this whole exercise have successfully satisfied their personal interests. This kind of behaviour is succinctly explained by the critic of liberal individualism, philosopher Charles Taylor, “that because libertarians believe in individual rights…,they believe in the self-sufficiency of man alone, or, if you prefer, of the individual” (www.cato.org...).
Although “individualism holds that every person is an end in himself and that no person should be sacrificed for the sake of another” (), the individualist arguably assists others in order to benefit. This should not be confused with altruism, a behaviour that goes beyond kindness to include sacrifice. What makes individualism evade discourse analysis is the fact that it is hidden behind a veil of moral ambiguity. For one it is morally correct to take care of oneself and immediate family. Others subscribe to the view that “people are individuals; they are not interchangeable ciphers in an amorphous collective”(). The two social constructs attempt to paralyse the fact that individuals are social beings, and a justification for that attempt is not forthcoming. The implicit implication is that identity is based on the individual, and not within the social system. It is my view that it is still premature for an ordinary South African to adopt individualism because that perpetuates a silo-mentality or a system of “own affairs”, which is not good for the survival of any work environment. Resultant permanent training is too costly to entertain.
IMPACT OF NEPOTISM ON GOOD GOVERNANCE
As defined in my introduction, good governance with all its intentions, is bound to be negatively affected by nepotism. The first casualty of this negative intervention is the rights of job applicants and employees. “The cause of nepotism in underdeveloped countries is that the economy is not sufficiently developed to provide an alternative avenue for upward mobility for people who simply material success” (Frost, 1990:132.Cited in Hugo, 1992:80). This kind of climate is bound to make people despondent, resulting in the breakdown of social mores’.
“The emergence of a new class of African businessman who reject or are not keen to partake in the old system of cronyism, nepotism and self-dealing, and who demand openness, fair competition and clean business presents unprecedented opportunities. A key element of new business constituency sees low corruption as essential to sustained economic growth” (Gyimah-Boadi,E.,1999). The intention here is to instil a sense of professionalism among participants in the world of work, lest this malpractice becomes a norm. South Africa is fortunate to have institutions that are capable of dealing with this social malady.
There is a view that widespread nepotism and corruption are the major operational obstacles to economic and social development in most black African states. According to Mazrui A.A.(1986:170), “nepotism in Africa is often a symbol of cultures in transition. Politics in Africa, for example, are sometimes to keep clean, merely because people are moving from one set of values to another. In no other area of life is this better illustrated than in the whole issue of ethnic solidarity and kinship obligations”. Be that as it may, Mazrui fails to say whether or not this kind of behaviour (reciprocity) is an African peculiarity.
“If we are to really understand the impact of nepotism on employees and organizations, we need to go beyond anecdote and measure nepotism empirically. Research has shown that employees routinely show dissatisfaction where they experience favouritism and inequity” (Laker, D.R. & Williams, M.L., Vol 3, No.3,2003). In other words allegations must be supported by verifiable evidence. No allegation should be taken seriously based on hearsay.
CONCLUSION
One can safely assume that employee morale and commitment are bound to be affected. To avoid such negative results nepotism must be dealt with just like any other transgression of ethical conduct, despite its sensitive nature. The best way to go about it is to move outside the paradigm that generally limits the depth of debate on sensitive issues.
CHAPTER 3
INTERVIEWS
Introduction
Taking into consideration the diversity (in terms of social status) of my intended respondents, I felt that it would be appropriate that I formulate particular questions for particular individuals. I intend to ask open-ended questions so that they can come up with their own answers. That will allow them to express general views which can help me analyze their responses. I would like to interview (8) people, i.e., 2 unemployed graduates, 2 employees from Correctional Services, 2 policemen from South African Police Services, and the remaining 2 civil servants from the Department of Social Development. I must emphasise though, that some questions may not be perculiar to a specific group of respondents, but may also be pertinent to other respondents as well. Despondency, for example, may be a common theme among their responses.
(A) QUESTIONS FOR UNEMPLOYED GRADUATES
(i) On completion of your degree, what were your expectations?
(ii) Have those expectations materialised?
(iii) Can nepotism be blamed for your being unemployed?
(iv) Depending on the response, have you alerted anyone in government to that?
(v) How can unemployment be reduced?
It is apparent that degrees come with expectations, e.g., better chances of getting jobs. From a personal experience,holding a degree does not necessarily mean that one is going to get a job. It is my view that the afore-mentioned questions will elicit assumed reasons/personal experiences as to why they remain unemployed. I expect them to put the blame at the doorstep of the employer because most of them have been applying for jobs for years. I forsee minimal selfblame.
(B) QUESTIONS FOR POLICE SERVICES (BISHO)
(i) Is recruitment properly monitored by management?
(ii) Does nepotism exist in your police station?
(iii) If it exists, what are the causes and what form does it take?
(iv) Depending on the response, does it contribute to inefficiency and bad service?
(v) Does your Police Station have a policy on nepotism?
(vi) Is there a policy vacuum that leads to ad hoc decisions?
(vii) How can nepotism, if it exists, be reduced or eradicated in your Police Station?
It is common knowledge that any government institution has got to operate in accordance with set policies and rules, but that does not happen everytime. Allegations to the effect that nepotism and other irregularities were prevalent in South African Police Service have surfaced in recent newspapers. That automatically prompts one to establish whether irregularities in recruitment drives have begun to pervade the Police Station in Bisho.
(C) QUESTIONS FOR CORRECTIONAL SERVICES EMPLOYEES
(i) Is nepotism in existence in the King William’s Town prison?
(ii) If it exists, what form does it take?
(iii) Why does it supersede proper employment procedures?
(iv) Does it have an impact on unemployment, efficiency and service delivery?
(v) Does the Department have a policy on nepotism?
(vi) How are transgressions dealt with?
(vii) Can legal remedies be improved?
Various members of the Correctional Services Department alleged before the Jali Commission of Inquiry (a commission set up to investigate issues such as corruption in prisons) that “problems of nepotism are rife”. Such allegations obviously erode the integrity of the department. I believe research will assist in establishing whether nepotism is a feature in Correctional Services.
(D) QUESTIONS FOR SOCIAL DEVELOPMENT DEPARTMENT (BISHO)
(i) Does nepotism exist in your department?
(ii) If it exists, which social aggregates tend to benefit from it?
(iii) How does it affect service delivery?
(iv) Does your department have a specific policy on nepotism?
(v) Are transgressions adequately dealt with?
Various officials in this department have been arrested and convicted of fraud.Seeing that nepotism is part of corruption I felt it was appropriate that I conducted interviews with employees in the department.
CHAPTER 4
PREAMBLE TO RESPONSES
Getting appointments to conduct interviews has been characterised by all manner of constraints, ranging from red tape, suspicion (on the part of my respondents), to outright lethargy. My letters of request for interviews have been lying in Provincial offices for over a month, with me having witnessed the Director in the Area Commissioner’s Office seriously reprimanding a Captain for derelection of duty, and bringing the Office into serious disrepute in the eyes of the public.
Word was conveyed to me to the effect that my documents, with explicit questions, were faxed to the Provincial Commisioner’s Office, only to find that they were not attended to. A suggestion was made to me, almost a month after I had submitted my letter of request, that I personally travel sixty (60) kilometres to Provincial Headquarters in Zwelitsha to get approval to conduct interviews. Faxes and telephones in the Police offices suddenly became unnecessary or useless. This is, but a glimpse of the hassles I experienced during my research, details of which I prefer to deal with at a later stage.
I must mention that I conducted interviews in two (2) government departments,i.e., Social Development, South African Police Services, interviewed two unemployed graduates, and had an informal conversation with a King William’s Town Prison warder. From each of the two (2) departments I solicited responses from two respondents. Each category will feature respondents A, and B. In keeping with research ethics I have decided to maintain my assurance that my respondents will remain anonymous. For purposes of clarity I will first present their answers in their actual form, and thereafter do data analysis.
ANSWERS FROM UNEMPLOYED GRADUATES
The two respondents,i.e., A & B are in fact post-graduate students, studying on a part-time basis. In that sense they qualify to be called unemployed graduates. The following are the questions posed to them:
On completion of your degree, what were your expectations?
(i)Respondent A expected to get employed as soon as he completed his degree. His colleague also expected to be employed although he could not predict when he would get a job.
(ii) Have those expectations materialised?
For both of them, their expectations have not materialised.
(iii) Can nepotism be blamed for your being unemployed?
Both respondents felt that nepotism was rife, especially in the Eastern Cape government. They continued to say that relatives of employees stood a better chance of getting employment because they normally got information on what to prepare or say in job interviews. Respondent B went further to say that academic qualifications no longer mean anything in the Bisho civil service.
(iv) Depending on the response, have you alerted anyone in government to that?
Respondent A said that it was difficult to do that because one rarely knows who to alert. Even if one does so, it is often difficult to prove one’s case. For respondent B, it was useless to expose corrupt civil servants because they always cover for each other.
(v) How can unemployment be reduced?
For respondent A this is a matter that needs to be debated. It is not true that there is a lack of jobs, but rather available jobs should be equally distributed, especially amongst graduates. There is also a need to bridge the gap between the needs of employers and qualifications of new graduates. For respondent B people needed to be equipped with skills and knowledge in order to create jobs for themselves. That will also enable them to compete in the job market.
ANSWERS FROM POLICE SERVICES (BISHO)
It is of significance that I first mention the ranks of respondents A & B as Inspector and Sergeant respectively. The following are the actual questions and answers:
(i) Is recruitment properly monitored by management?
The two respondents gave almost the same answers to the effect that the Area Commissioner’s Office was the one that normally embarked on recruitment drives. Nepotism was therefore non-existent. Respondent B went further to say that their police station is a lower level one. New staff members are just introduced to them without any prior consultation.
(ii) Does nepotism exist in your police station?
Respondent A said nepotism did not exist in their police station. Respondent B was more forthcoming when he said that every police officer applied for promotion to the Provincial Commissioner, and that even if nepotism existed in their police station they would not know.
(iii) If it exists, what are the causes and what form does it take?
Both respondents said nepotism does not exist. Respondent B went further to say that they normally saw some members of staff being showered with preferential treatment when it came to transfers, e.g., if one was not in the good books of management, one would be transferred irrespective of the reasons advanced.
(iv) Depending on the response, does it contribute to inefficiency, and bad
service?
For respondent A, nothing could be said because he felt nepotism did not exist. Respondent B felt that nepotism had a negative impact on service delivery. He cited preferential treatment as a kind of nepotism which led to demotivation amongst other members and underskilled persons being given senior positions.
(v) Does your Police Station have a policy on nepotism?
Both respondents mentioned that their police station subscribed to the National Policy from the National Commissioner. In other words they do not have a separate policy on recruitment.
(vi) Is there a policy vacuum that leads to ad hoc decisions?
Both respondents asserted that there is no policy vacuum, except for legitimate ad hoc decisions. These ad hoc decisions include, inter alia, soliciting specific skills from policepersons in other provinces. Those members would, among others, be a task team in Pretoria coming to assist in cases that warrant advanced investigative skills.
(vii) How can nepotism, if it exists, be reduced or eradicated in your Police Station?
Respondent A maintained that nepotism did not exist. Respondent B said that transgressors would be charged departmentally, or criminally.
GENERAL COMMENTS FROM A PRISON WARDER
An informal encounter with a prison warder ironically elicited luxuriously veiled and deep-seated work-related inconsinstencies inherent in the King William’s Town Prison. Despite having given his workplace a clean bill of health in as far as nepotism is concerned (because the labour union was involved in interviews), he emphasised that the institution had no confidence in internal staff, as a result of which management tended to rebuke staff willy nilly with no corrective measures in sight. Semi-overt was the National department’s tendency to recruit political comrades.
There was a selective application of departmental policy, in the sense that some transgressors were illegally deprived of their right to work overtime (accompanied by an allowance). Furthermore some transgressions were not consistent with the kinds of punishment meted out. The labour union was fully aware of these problems, and had started to engage the King William’s Town prison on this matter.
ANSWERS FROM SOCIAL DEVELOPMENT DEPARTMENT (BISHO)
I was fortunate enough to have had the opportunity to interview two (2) employees associated with the Human Resources section. They were more familiar with policies and processes around recruitment. Respondents A & B held the ranks of Deputy Director and Senior Personnel Practitioner respectively. The following are the questions that I posed to them:
(i) Does nepotism exist in your department?
Both respondents answered in the affirmative. Respondent A said despite the fact that the Human Resources (HR) section was a custodian of employment procedures, senior employees continue to influence appointments. Sometimes HR sees new appointees, not knowing how they got their jobs. Nepotism, although prevalent in the department, is veiled. “There are cliques’ in the department”.
For respondent B nepotism in the department is explicit, in the sense that political affiliations tend to determine the chances of one getting a job. In fact, she pointed out that she was once subjected to nepotism when a recommendation by the Head of Department to take up a senior position in the Department was nullified by the Member of the Executive Council(MEC). This happened despite having gone through proper employment procedures, i.e., shortlisting, interviews, and recommendations. After following the grievance procedure, she was eventually interviewed again by the Public Service Commission. She was vindicated, but the MEC stood his ground, resulting in an untidy personalised squabble. The MEC felt that his decision was being challenged and she decided not to pursue the matter any further. HR was now being sidelined, and demotivation has made her not to apply for any other position in the department eversince.
(ii) If it exists, which social aggregates tend to benefit from it?
Respondent A felt that the entire workforce benefited from nepotism, whilst respondent B saw it as a social malady perculiar to ranks between Assistant Director and Chief Director.
(iii) How does it affect service delivery?
They both felt that it had a negative impact on service delivery in the sense that some administrative duties were not adequately done because “better candidates” were sometimes not absorbed by the department.
(iv) Does your department have a specific policy on nepotism?
Both respondents stated that there are Public Service regulations, amongst which transparency was one of the core values. There was no specific policy in nepotism. Respondent B emphasised that there was a recruitment policy but it continued to be flouted by the MEC. Being the political head, he continued to interfere with the administrative side of the department. Gender and Employment Equity Act continues to be violated.
(v) Are transgressions adequately dealt with?
Because of top management’s complicity in nepotism it is difficult, especially if one is a junior employee, to “disobey” their instructions. There is a selective adherence to regulations on the part of management. Both respondents shared the same sentiment.
CHAPTER 5
METHODOLOGY & DESIGN
I have conducted a field research in order to establish perceptions around nepotism in Bisho, rather than looking at whether it existed or not. The purpose was to establish if a perceived nepotistic climate in the Bisho departments would arrest efficiency and service delivery. Field research was therefore ideal for my inquiry in the sense that it provided with an opportunity to study the subtle nuances of perceptions, attitudes and behaviours of my respondents. Qualitative data was therefore attainable. Notably, nepotism, being a contentious issue, remains a social ill that is tackled only in the confines of cliques.
SAMPLING PROCEDURE AND SIZE
I conducted semi-structured interviews in two Bisho government departments, i.e., Social Development which has a staff compliment of 253, the Bisho Police Station, and had an informal conversation with a King William’s Town prison warder. I used the non-probability sampling procedure because it was almost impossible to interview all elements in the departments. From each department I interviewed two civil servants, irrespective of age, gender, period of employment, and rank. I also interviewed two unemployed graduates to establish if nepotism had anything to do with their inability to get jobs.
I must mention that these units of analysis were interviewed on an individual basis, with no possibility of one respondent influencing a colleague. The same question content was presented to each couple of respondents so as to see if there would be any difference in terms of answers given. One must understand that the views of the respondents did not necessarily reflect the views of their departments.
It is worth-mentioning that I also considered constructing a questionnaire because it happened to be easy to process. The problem with using questionnaire is that it would have been more rigid and structured than interviews. And what I wanted from my respondents were descriptions and behaviours associated with recruitment, the kind of information which a questionnaire could not provide me with the liberty to access.
Strengths of my Field Research.
First of all it was relatively inexpensive to conduct this research method in that I did not need any equipment to use. I have found it to be a flexible method of inquiry in the sense that it gave me an opportunity to clarify some of my questions to the respondents. Unwarranted suspicion was effectively minimised thus, allowing me to work in an environment conducive for frank discussion. In one of my interviews with the respondents (Bisho Police Station) I was mistaken for a journalist or a person intending to tarnish the image of their department. Had I sent for example, a questionnaire, none of my questions could have possibly been answered. In a nutshell, field research saved me from getting unnecessary answers in that on most occasions I was able to steer my respondents back to my questions. I now have a sense of how the departments view nepotism.
Weaknesses of my Field Research
The fact that it is a qualitative research, it cannot give me, e.g., accurate levels of despondency brought about by perceived nepotism in their departments. Being a qualitative research, I could not get precise trustworthy estimates of the future recruitment behaviour of the department. However, the bureaucratic problems that I experienced cannot be attributed to my research method.
CHAPTER 6
DATA ANALYSIS
Introduction
Despite this exercise not being an empirical quest, one could draw inferences that nepotism was not just a product of human imagination, but a plague covertly manifesting itself in Bisho government departments with minimum administrative supervision. Preferential treatment is the most common among the concerns of my respondents. I therefore argue that a government that operates in such a manner is bound to have a divided electorate as its offspring.
NEPOTISM: THE SOURCE OF DESPONDENT RESPONDENTS
Focus: Unemployed graduates.
Just to set the scene, I wish to point out that my respondents were interviewed on separate occasions in order to avoid deliberate repetition of answers or unwarranted influence on one another. The main gripe of the unemployed graduates was that relatives and friends of government officials tended to get jobs easily. Concerns have been raised by the Public Services Accountability Monitor (P.S.A.M.), a South African democracy monitoring non-governmental organisation, to the effect that the former Director-General of the Eastern Cape Province “failed totally to deal with nepotism”(Daily Dispatch,18/08/2004). Some of my respondents in government have confirmed the existence of this malpractice.
PSAM director Colm Allan continues to say that “when the Ciskei, Transkei and Cape Provincial Administrations were amalgamated to form a single Eastern Cape Administration, there was a notorious culture of patronage and entitlement, which has been well documented. In the Transkei & Ciskei administration there was a sense that people who know people in management circles were entitled to jobs – we still have these characters within the provincial administration and they are to a large extent the cause of today’s problems of maladministration. We have pending cases of senior officials who are incompetent and inefficient, some of whom joined the system through nepotism” (Daily Dispatch, 18/08/2004). Still with the unemployed graduates, respondent B’s statement that academic qualifications no longer mean anything in the Bisho civil service leads to the same conclusion as Colm Allan’s that there are senior officials that are incompetent and inefficient. It is quite obvious that inadequate qualifications minimises one’s ability to perform in accordance with the employer’s expectations.
My impressions of the two graduates was that their intentions to inform the authorities were stifled by the fact that, given the sensitivity attached to nepotism, no-one would be prepared to tackle it. It would have been an exercise in futility. The unfortunate part of this discourse is that employees never admit when they get jobs through nepotism. Only disgruntled job applicants are eager to talk about nepotism.
Focus: Bisho Police Station:
Respondents A & B felt that nepotism did not exist in their police station simply because there was no reason to support the contrary. Respondent B seems to have contradicted himself when he said preferential treatment existed when it came to transfers, e.g., if one was not liked by superiors. Some staff members would be transferred irrespective of their choice. He further mentioned that there was a tendency to give under-skilled persons senior positions. As far as I am concerned, preferential treatment in a work-related environment constitutes nepotism.
The police have always emphasized the importance of a law-abiding citizenry, but to find them flouting recruitment procedures in a quest to enforce the law, is ironic. “An internal police investigation has confirmed allegations of nepotism and other irregularities in a recruitment drive and pointed to serious flaws in the South African Police Service’s hiring procedures throughout the Eastern Cape. The senior team that probed ‘jobs for family’ allegations…has criticised area commissioners for not properly monitoring recruitment…The investigations found that the head of police recruitment in Grahamstown got his sister a job for which she did not even apply, and a recruitment official in Aliwal North abused her position to shortlist herself and her husband for jobs that had been advertised” (Daily Dispatch, 08/07/2004). If one were to re-visit the responses of the two police officers, one would get the impression that the Area Commissioner’s Office had the sole right to embark on recruitment drives, and as a result thereof, nepotism could almost be impossible. It is my submission that such an impression does not have a leg to stand on, in that a legitimate internal police investigation has unearthed serious flaws in the recruitment drive. Area Commissioners have been blamed for this anomaly, including the Area Commissioner’s Office in East London, which interestingly, also regulates absorption of new officers in Bisho.
These investigations were brought about the South African Police Services (SAPS), in response to complaints by South African Police Union. Still in the East London area, there were “claims that officials were ‘selling’ administrative jobs to members of the public for R250”, and that investigation is still under way. The deputy provincial commissioner in charge of evaluation services “said the probe had picked up weaknesses in management capacity and policy and he could not rule out the possibility that nepotism and other irregular staffing practices were prevalent across the province” (Daily Dispatch,08/07/2004). I gather that my respondents have deliberately not been familiarised with the workings of their human resources section, and therefore were not competent to display the true picture of their work environment. To conclude that recruitment in the police service is done in accordance with regulations, constitutes a product of a superficial inquiry, or at best, a deliberate disregard of fact.
Focus: Informal comments from a prison warder.
From the outset, I must emphasize that the conversation between this particular prison warder and myself was of an informal nature, and therefore it could not be authentically verified. He said the involvement of the labour union hindered King William’s Town prison from practising nepotism. Only the national department does practise nepotism, by roping-in former exiles. I take that as a serious allegation, indeed. I therefore prefer to make the findings of the Jali Commission a point of reference.
“Entry-level posts are filled by means of recruitment actions twice a year. The minimum requirements that candidates have to comply with are Grade 12, no criminal offence and good physical and mental health. All promotional posts are filled by means of post advertisement. This means that all vacant promotion post are firstly advertised internally in the Department. If a suitable candidate, after duly held interviews, cannot be identified to be appointed into the vacant post, the post may be advertised externally”(www-dcs.pwv.gov.za). This policy reflects a department characterised by sound management principles, violation of which is enough to distract a bureaucrat.
According to Makubetse Sekhonyane of the Institute for Security Studies (02, November 2002), the Jali Commission uncovered nepotism, unfair recruitment and promotions. This is quite surprising, especially in an institution where recruitment rules are expected to be firmly in place. “Eastern Cape correctional services commissioner Raphepeng Mataka was accused yesterday of making a ‘mockery’ of departmental policies for appointing two ‘under-qualified persons’ to crucial posts within the department. In one instance, a prison nurse, Ayanda Bonani, who is rumoured to be a friend of Mr. Mataka, was appointed to the position of director of functional services whilst not having the necessary qualifications or experience for the post. Ms. Bonani instead has a masters degree in the medical sciences.
“ Another appointee to the position of director of corporate services was former Kirkwood prison area manager Joey Mpolweni. He is said to be in possession only of a diploma in correctional services management. These two appointments, according to former Popcru shop steward Thembile Matshoko, were made over highly qualified and deserving applicants. Mr. Matshoko cited a Mr. Stefanus Viviers who worked as an ordinary clerk in the provincial commissioner’s office despite having a masters degree in Public Administration. Another staff member, also came highly qualified with a masters degree in Human Resources yet neither were appointed. He said even before the interviews were conducted in Pretoria last year it was widely known that Mr. Mpolweni and Ms. Bonani were going to be appointed. In addition he said, while the applicants were all transported to Pretoria in State vehicles for the interviews, Ms. Bonani was flown to Pretoria and met at the airport by Mr. Mataka, who was the chairman of the interviewing panel. Mr. Matshoko said as long as people like Eric Nweba, the deputy director inspector, and Mr. Mataka were stationed in the Eastern Cape the department would continue experiencing irregularities in recruitment and appointments” (The Herald, 11/09/2002).
The above information indicates a gross violation of the legal framework applicable to the South African public service, i.e., the constitution of the Republic of South Africa,1996; Public Service Act; Labour Relations Act, 1995; and Public Service Regulations, 2001, in terms of which the recruitment, selection and placement of personnel is done. “Canvassing, favouritism, nepotism or similar practices are under no circumstances allowed. Any person with any personal/vested interest in the process must declare such interest beforehand and recuse her – or himself from the process” (Labour Relations Act, 1995). These are the findings of a duly constituted Judicial Commission of Inquiry in terms of proclamation 135/2001 dated 27 September 2001. Nepotistic tendencies really go against the government’s grain, especially a government that puts human rights high on its agenda.
Quite interesting is the fact that most civil servants keep denying that nepotism exists despite valid information to the contrary. If one were to look at Mr. Joey Mpolweni’s case, it is surprising that he continues to work as the King William’s Town area manager despite the commission’s findings against him. Ironically, this is the same prison in which I would have conducted interviews, had my letter of request been attended to by management timeously. My impression is that my intended interview was deliberately sabotaged, given the nature of, and sensitivity of my topic. Nothing untoward could be unexpected from such an environment. The findings of the Jali Commission remain a serious indictment of the Department of Correctional Services.
Focus: Department of Social Development(Bisho)
According the two respondents the Human Resources section of this department is unable to function in accordance with its mandate, the primary example according to respondent B, being the violation of the Gender and Employment Equity Act that continues unabated. Objectivity and independent judgement (when it comes to recruitment and selection) have become imaginary principles. Nepotism is “rife in the department”. Allegations of the MEC allowing political affiliations to determine one’s chances of getting a job/promotion violate Public Service Act 197 (3) which stipulates that “no employee of the public service may be favoured or prejudiced only because that person supports a particular political party or cause”. Apparently the political head, together with top management, has a tendency to influence appointments, and the MEC actually runs the administrative side of the department.
Act 136(2) of the Constitution of the Republic of South Africa emphasizes, among others, two codes of conduct for Members of the Executive Council (MECs), that they may not:
- “act in any way that is inconsistent with their office, or expose themselves to any situation involving the risk of a conflict between their official responsibilities and private interests; or
(c) “use their position…to improperly benefit any other person”.
If these allegations are anything to go by, this department cannot function properly, and therefore no proper service delivery can be effected by a demotivated workforce. As required by the Labour Relations Act, 1995(Act 66 of 1995) respondent B reported nepotism to the appropriate authorities who, ironically, were the same contraveners of the Code. She has since stopped applying for relevant positions in the Department because management is at loggerheads with her for seeking the intervention from the Public Service Commission which, in any case, vindicated her.
Although this might appear to be a deviation from the allegations against Social Development, similar forms of misconduct have been committed in the Bisho Department of Education. The point I am trying to make here is that this trend is not a product of human invention, but a social phenomenon pervading the Bisho civil service. “EC Education MEC Stone Sizani asked former Education Superintendent-General, Mr. Modidima Mannya, to hire two women with special connections to Mr. Sizani. Nomboniso Madikane had lived with the Sizani’s and Nonyameko Magona is related to Sizani’s wife. They confirmed that they approached Sizani for jobs, but said that he allegedly told them to wait for the advertisement of posts and then to apply correctly. The statements were faxed to the Daily Dispatch from Sizani’s fax machine in March 2001, weeks after a heated debate in the Legislature during which Sizani was accused of firing Mannya because Mannya refused to appoint the two women”(PSAM Case Reference: ECPO0017).
Still with Education “twenty civil servants were found to have been irregularly employed in the Department of Education in Bisho, according to press reports which quote the Heath Special Investigation Unit (SIU) in June 1998. The posts were reportedly advertised and office clerks employed without having gone through the normal employment procedures. The investigation was launched in 1997 after allegations that some people were given government jobs by senior officials in exchange for R500, sheep or sexual favours. The names of the three directors allegedly implicated in this scam were apparently known to the SIU. Members of a particular union were also reportedly implicated” (PSAM Case Reference:ECE0008).
With regard to the case involving former MEC Sizani, I opine that the two women acted unprocedurally, and with due respect, cannot absolve Mr. Sizani from complicity in the whole matter because the Premier’s Office did not deny the claim that Mr. Sizani tried to pressure Mr. Mannya into hiring the two relatives of his (Mr. Sizani). But questions remain:
- Why did the MEC, if he has ‘legal right to appoint up to six (6) people of his choice’, first advise his two relatives to apply correctly?
- Why, only after the matter had attracted public attention, had the MEC decided to exercise his prerogative?
- How did a matter between three people attract the attention of the legislature?
It must follow therefore, that someone outside the triumvirate (MEC, and the two women), of course with a capacity to execute the plan, must have refused to obey the instruction, and most cases of insubordination unavoidably attract inquisitive attention. The second case which involves 20 irregular appointments shows a high level of desperation amongst people brought about by “lack of jobs”. The corrupt officials exacerbate corruption by soliciting bribes from vulnerable job-seekers. An element of reciprocity is thus manifesting itself, ironically, in the name of wanting to serve the public. Disturbing is the complicity of union members, which further minimizes the possibility of redress. Unfortunately, perpetual supervision by management has a potential to deprive their own priorities of necessary attention.
Looking at the workings of the Departments of Social Development, and Education one gathers that political interference in administrative matters is a norm, and that unfortunately deprives the public of much-needed services. The primary reason for this deprivation is that departments get infested with misplaced, under-skilled, and demotivated officials. All this is brought about by illusions of individualism inherent in the culprits. It is my submission that such practices, on the part of public servants, breeds a damaging public scorn, an attitude capable enough to change the allegiance of the populace.
CHAPTER 7
INTERPRETATION OF DATA
Introduction
This chapter is intended to interrogate the ethical dilemma inherent in juxtaposed binaries, i.e., confidentiality and transparency. These, by the way, are some of the values of the South African government. The area of focus, in this instance, is on perceived guidelines that bring no relief to the intended consumer.
PUBLIC SERVANTS: A SOCIETY SWORN TO CONFIDENTIALITY?
Transparency under threat.
A subject of intellectual curiosity is coming forth: Can confidentiality co-exist with transparency? The reason why I bring this question under the spotlight is that one of the core values of the present government is transparency, yet inquiring minds are treated as intruders into private domains. I am bound to say that selective accessibility has become a feature in government, a practice that even conventional political wisdom is reluctant, or perhaps emasculated to curtail. Honest job applicants have become innocent victims of a cosmic negative wave.
“Transparency must be fostered by providing the public with timely, accessible and accurate information”(Constitution of the Republic of South Africa, Act 195 (1g), 1996)”. I wish to point out that I did not get the information on time, and neither was it easily accessible. The question of accurate information becomes a rarity, especially if one is a researcher, a title some civil servants often confuse with an investigator. They often hide behind red-tape. To further guide the civil servant, the ‘Access to Information Act, 32 (1) clearly stipulates that everyone has a right of access to:
- any information held by the state; and
- any information that is held by another person and that is required for the exercise or protection of any rights…(The Constitution of the Republic of South Africa, 1996).
Surprisingly with all the details of the Constitution at the disposal of the civil servants, selective adherence in this regard is still the norm. One might assume that this happens as a result of the system of government we had before 27 April 1994, through which a secretive and unresponsive culture in public and private bodies prevailed. A case in point is the reluctance of civil servants to deny or confirm whether or not nepotism exists in their departments. Sensitive as it is, I argue that answers that flow from this question should not be declared secret information.
In pursuit of objectivity, I also wish to draw one’s attention to Act 4.5.4 of the Public Service Commission, which stipulates that “an employee does not use or disclose any official information for personal gain or the gain of others”. Amongst the dictates of this Act, there are obligations on the part of the civil servants to “consider whether the disclosure of information would be in the interest of the public service. Employees must understand that transparency does not mean indiscriminately providing or disclosing information. Since it is impossible to provide full guidelines as to what information can be made available to whom, employees are urged to always seek prior approval from higher authority when they are uncertain”. The question may then arise as to what would happen if higher authority itself was uncertain, because, in any event, only parliament can amend an Act.
If one were to take my respondent departments as examples, one would notice that there were minimal difficulties in getting permission to conduct interviews in the Social Development, and Police Departments; compared to Correctional Services who up to now (7 weeks later) are yet to consider whether to grant me permission or not. This is the only Department that wanted me to fill in forms before my request could be considered. One might be forgiven for thinking that departments have varying values. “Contradictions can represent the exceptional inconsistency that modifies the otherwise consistent order, or they can represent inconsistencies throughout the order as a whole” (Venturi, R. in Cahoone, L.,1999:331). The glaring dilemma here is that civil servants are deprived of adequate guidance as to “what information can be made available to whom”, by the very same Act that seeks to extricate them from this quagmire.
Based on the flaw in Act 4.5.4 of the Public Service Commission, I foresee a deliberate perpetuation of false information, on the part of public servants, hidden behind a veil of confidentiality. Emanating from that will, sadly, be a thin line between legalised distortion of reality and legitimate withholding of information.
CHAPTER 8
LIMITATIONS
It is my intention to expound on my limitations to which I alluded in my “preamble to responses” in chapter 3. In line with the dictates of logic, I prefer to analyse my limitations in an objective fashion, a pertinent requirement without which a negative picture of my respondent departments could be painted.
With regard to unemployed graduates, there was nothing to complain about, probably because there were no institutions or organisations to which they were accountable. It had taken my physical appearance at the East London Area Commissioner’s Office (Police Services) to get my letter of request attended to. That was three weeks after I had submitted it. Despite being their duty, I still had to physically take the letter to the Provincial Commissioner in Zwelitsha, King William’s Town. My attempts to secure an answer as to why it was not forwarded proved fruitless.
It took me about two-three weeks before I could conduct interviews with the two officials at the Department of Social Development. That I can attribute to the burdensome intricacies of bureaucracy. Be that as it may, this department showed a remarkable interest in getting more officials interviewed. The apparent reason was that they found the topic interesting, because most of them felt that they were victims of nepotism prevailing in the Department.
Correctional Services did not co-operate at all. Around September 28, 2004 I submitted my letter of request accompanied by questions that I intended to ask to the King William’s Town Prison officials, a centre where I was going to conduct my interviews. For three weeks, I was pushed from pillar to post, only to be told in the fourth week that my request warranted the attention of the Provincial Commissioner in East London. I duly went to the East London office, this time to be told that my request could only be entertained by the National Office, because they had a Research Unit which had a final say on research-related matters.
A week thereafter my supervisor phoned the Head of the Research Unit to enquire about progress on my request, only to be told that I had to fill in an application form which would be considered at a Departmental meeting which would then be held on October 15; 2004, of which she was not even sure whether or not it would materialise. I continued to experience problems despite the fact that the final draft of my thesis, as required by the Department of Sociology & Industrial Sociology, still had to be submitted by October 22,2004. Furthermore, even if I could get permission at that late juncture, I still had to set up an appointment with the Head of the King William’s Town Prison. It was quite obvious that I would not be able to conduct my interviews before the deadline.
I opine that my inability to gain access to the Department of Correctional Services cannot be attributed to bureaucracy, but to the sensitivity of my research topic, and the fact that some of the officials were implicated by the Jali Commission. One officer, in the Provincial Office, remarked that they (officials) did not take kindly to questions that had a potential to dent the good image of the Department. I therefore submit that gaining access to the departments was not easy, considering the fact that, at the Bisho Police Station, the officers thought that I was a journalist with an intention to discredit their police station. Such an attitude is understandable, given the paranoia inculcated by the apartheid regime in the police.
CHAPTER 9
PRESENTATION AND DISCUSSION OF MY FINDINGS
I have always suspected that nepotism was worsening inaccessibility of jobs in the Bisho civil service. Furthermore, the government shows no inclination towards setting-up a task team to specifically deal with nepotism, probably because it is a silent malpractice committed by top management and politicians. Admittedly, there is legislation on nepotism (page 8) to the effect that item M4.3.3, in Code of Conduct for Public Servants, “provides that an employee should refrain from appointing relatives in work-related activities and never to abuse his or her authority”. What I find suspicious is that the government is overzealous about augmenting legislation with law enforcement agencies or task-teams, with a specific mandate, to deal with, e.g., fraud in government. I find lack of interest in doing the same with nepotism logically inexplicable
If one were to turn to page 7 of the thesis, under the sub-heading: “Nepotism as defined by the Public protector”, one would note that Prof. C.J.K. Tanda actually hit the nail on the head when he asserted that “…any man rising to a place of importance in politics will be surrounded by relatives and friends looking confidently to him for patronage, the traditions of centuries leave them in no doubt that he will provide for the needed patronage, and that if jobs did not exist they will be created. This was exemplified by the refusal of the then MEC of the Department of Social Development to adhere to procedural absorption of a candidate who, apparently, was not the MEC’s preferred candidate. To link this with Prof. Tanda’s definition, one would appreciate that there was no job for the MEC’s favourite. The only way out was to ‘create a job’ for his candidate by removing the qualified one.
Police in the Grahamstown and Aliwal North areas have complicity in the violation of recruitment and selection procedures in that they employed their own relatives in violation of the Public Service Act. One of the dictates of the Act (p.9), “where during an employment/selection/interview process it appears that there is a direct relationship between the applicant and a member of the selection panel, the latter should recuse himself/herself from such process”. This, I must say, was unexpected because I thought, apart from academic qualifications and psychological stability of the applicant, police recruitment emphasized a particular kind of physique or physical strength as one of the basic requirements in order to be able to carry out physical tasks that characterise police work. It seems I was naïve.
With regard to job reservation, taking into account my definition under literature review (p.10), I have not been able to unearth any discriminatory practices based on race. Neither have my respondents alluded to it, despite being vocal about nepotism. Despite the Department of Education not being my research target, I got the impression that an element of reciprocity characterised the relationships between job applicants and public servants. A prime example (p.33), in this regard, is that of individual job applicants having bribed department officials with R500, sheep, and solicitation of jobs through sexual favours. This was found to be the case by the Heath Special Investigative Unit.
I cannot find any other manner to describe nepotism other than to say that it is an individualistic malpractice. Applicants have defied proper application procedures for selfish reasons, because at the end, the applicant gets the job and public servant gets the bribe. An example (p.30), in this regard, is that of the former Eastern Cape Correctional Services Commissioner who appointed a personal female friend to the position of director of functional services despite not having the necessary qualifications or experience for the job.
Nepotism has a negative impact on good governance in the sense that it creates a despondent workforce. Respondent B (p.23) of the Department of Social Development has since lost interest in applying for other positions within the department. Some administrative jobs were not adequately done because of incompetent staff.
I wish to convey that Bisho public servants are aware that nepotism exists in their departments. The police have indirectly admitted to it, and were exposed by the SAPS evaluation services (p.28 & 29), the Correctional Services Department was exposed through the findings of the Jali Commission(p.30), and the Education Department was exposed through the findings of the Heath Special Investigation Unit (p.33). With regard to the Department of Social Services, and the unemployed graduates I have relied solely on their word for the purposes of coming to a finding. Although I have not been competent to provide empirical evidence regarding the allegations made by Social Development Department officials, and the two unemployed graduates, a reason to disbelieve them has proved elusive.
CONCLUSION
It appears as though the problems I experienced in the course of my research were brought about by the department’s attempt to stifle legitimate criticism. For as long as the departments are infested with individualistic officials, government services will remain accessible only through official literature, a feature they deny in vain. Some government officials have a tendency to create controversy out of innocent inquiry in the sense that they ‘declare’ which areas of practice should undergo public scrutiny, and by so doing, they themselves become a threat to robust public debate.
It is my recommendation that the public, together with government, create forums to minimize the possibility of civil servants becoming a closed society. The envisaged redemption of the public’s potential to constructively criticise government should be realised. A persistent chasm between the public and the Bisho civil service will elongate the road to Utopia.
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