employment relations management audit at kutama sinthumule
TRANSCRIPT
ES fG
1298E
EMPLOYMENT RELATIONS MANAGEMENT AUDIT AT KUTAMA SINTHUMULE PRIVATE PRISON
by
JAMES PETER GARRY RABENG
submitted in partial fulfilment of the requirements for the degree of
MASTER OF PHILOSOPHY
in the subject
LABOUR LAW AND EMPLOYMENT RELATIONS
at the
RAND AFRIKAANS UNIVERSITY
2003
Auckland Park
SUPERVISOR: PROFESSOR W BACKER
DECLARATION
I, James Peter Garry Rabeng declare THAT EMPLOYMENT RELATIONS
MANAGEMENT AUDIT AT KUTAMA SINTHUMULE PRIVATE PRISON is my
own work, that all the sources used or quoted have been indicated and
acknowledged by means of complete references, and that this dissertation was
not previously submitted by me for a degree at another university.
ACKNOWLEDGEMENT
First and foremost I sincerely thank the Almighty God for extending his
warm hand upon me, for giving me the strength, courage and the ability
to complete this work.
My sincere and heartfelt gratitude to Professor Backer for his guidance,
patience, inspiration, and encouragement during this research project,
without whose expertise this dissertation would not have been
completed.
I wish to express my sincere gratitude to South African Custodial
Management and Department of Correctional Services for granting me
permission to complete the research project.
I wish to acknowledge my great indebtedness to Mr. Ronald Ntuli, Ms
Coetzer and Ms. Nonhlanhla Mathibe, who patiently and
enthusiastically shared with me, their experiences and expertise as well
as proofreading the dissertation.
I owe a debt of gratitude to the Director of APOPS, Mr. Maako and Mr.
Sasebula for making travelling arrangements for me to Louis Trichardt
and Mr. Sekgatle Department of Correctional Services controller at
Louis Trichardt for organising accommodation for me.
I wish to thank most sincerely my wife Kedibone Rabeng and daughter
Boipelo Rabeng for their understanding, support and encouragement
throughout the research.
I am grateful to Ms. Itumeleng Matlala for accurate typing of the
dissertation.
I wish to express my sincere thanks to my younger sister Tsholofelo
Rabeng for assisting me in analysing data calculations.
ABSTRACT
An in-depth Employment Relations Management Audit conducted in
Kutama Sinthumule Maximum Security Prison in order to assist both
managers of the Department of Correctional Services and of Private
Prison to efficiently and effectively apply sound Human Resource and
Labour Relations policies and procedures. The study critically
examines and discusses the perceptions of employees of the Kutama
Sinthumule Maximum Security Prison. The researcher administered
questionnaires to one hundred and fifty (150) employees out of a total
of five hundred (500) personnel. Interviews were held with senior
managers of Kutama Sinthumule Maximum Security Prison who
provided vital information on issues pertaining to privatisation of prisons
in South Africa.
TABLE OF CONTENTS
CHAPTER 1
ORIENTATION
TOPIC PAGE
1.1 INTRODUCTION 1
1.2 MOTIVATION FOR THE CHOICE OF THE SUBJECT 1-2
4.3 PROBLEM STATEMENT 2-3
1.4 AIM AND OBJECTIVES OF THE STUDY 3
1.4.1 AIM 3
1.4.2 OBJECTIVES 3
1.5 RESEARCH METHOD 3-4
1.6 RESEARCH PROCEDURE AND STRATEGY 4
1.6.1 DATA COLLECTION 4
1.6.2 STRATEGY 4
1.6.3 LITERATURE STUDY 4-5
1.6.4 CONSULTATION WITH EXPERTS 5
1.6.5 DOCUMENTARY METHODS 5
1.7 DEFINITION OF KEY CONCEPTS 5
1.7.1 KEY CONCEPTS 6-7
1.8 LIMITATIONS OF THE STUDY 7
1.9 CONTENTS OF RESEARCH REPORT 7-8
CHAPTER 2
HISTORICAL DEVELOPMENT OF PRIVATE PRISON IN SOUTH
AFRICA
2.1 INTRODUCTION 9-11
2.2 HISTORICAL BACKGROUND 11-12
2,3 PUBLIC PRIVATE PARTNERSHIP 12-13
2.4 THE IMPACT OF EMPLOYMENT LAW ON 13
EMPLOYMENT RELATIONS
2.4.1 GOVERNMENT POLICY AND THE 14-15
CONSTITUTION
2.4.2 EMPLOYMENT EQUITY ACT, 1998 15-16
(ACT 55 OF 1998)
2.4.3 THE IMPACT OF THE ACT ON HUMAN 16-17
RESOURCES
2.4.4 BASIC CONDITIONS OF EMPLOYMENT ACT 17-19
1997(Act 75 of 1997)
2.4.5 LABOUR RELATIONS ACT, 1995 19-20
(ACT 66 OF 1995)
2.4.5.1 FREEDOM OF ASSOCIATION AND GENERAL 20-21
PROTECTION
2.4.5.2 COLLECTIVE BARGAINING 21
2.4.5.3 ORGANISATIONAL RIGHTS 21
2.4.5.3.1 TRADE UNION ACCESS TO WORKPLACE 21
2.4.5.3.2 LEAVE FOR TRADE UNION ACTIVITIES 21-22
2.4.5.3.3 DISCLOSURE OF INFORMATION 22
2.4.5.4 STRIKES AND LOCKOUTS 22
2.4.5.5 ESSENTIAL AND MAINTENANCE SERVICES 23-24
24.5.6 DISPUTE RESOLUTION 24
2.5 SKILLS DEVELOPMENT ACT, 1998 24-25
(ACT 97 OF 1998)
2.6 CONCLUSION 25-26
CHAPTER 3
PRISON SYSTEM IN THE MODERN ERA AND CURRENT STATE OF
SOUTH AFRICAN PRISONS
TOPIC PAGE
3.1 INTRODUCTION 27-29
3.2 CURRENT STATE OF SOUTH AFRICAN 29-31
PRISONS
3.3 THE DEPARTMENT OF CORRECTIONAL 31-32
CORRECTIONAL SERVICES AND CRIMINAL
JUSTICE
3.4 CONCLUSION 32
CHAPTER 4
PRISON PRIVATISATION IN SOUTH AFRICA
TOPIC PAGE
4.1 INTRODUCTION 33
4.2 PRIVATISATION 33- 34
4.3 TYPES OF PRISON PRIVATISATION 34- 35
4.4 PRIVATE PARTNERSHIPS 35
4.5 PROS AND CONS OF PRIVATISATION 36
4.5.1 PROPRIETY 36- 37
4.5.2 COST 37-38
4.5.3 QUALITY 38
4.5.4 SECURITY 38-39
4.5.5 CORRUPTION 39-340
4.6 ARGUMENTS FOR PRISON 40- 42
PRIVATISATION
4.7 CONCLUSION 42
CHAPTER 5
EMPLOYMENT RELATIONS MANAGEMENT AUDIT
TOPIC
PAGE
5.1 INTRODUCTION
5.2 DEFINITION OF EMPLOYMENT
RELATIONS MANAGEMENT AUDIT
5.3 EMPLOYMENT RELATIONS
MANAGEMENT AUDIT AS A
MEASURING INSTRUMENT
5.4 ASSESSMENT OF THE NEED FOR
5,5 IMPLEMENTATION OF REMEDIAL
ACTION
5.6 CONCLUSION
43
43- 44
44-45
45- 46
46
46
CHAPTER 6
INVESTIGATION
TOPIC PAGE
6.1 INTRODUCTION 47
6.2 SAMPLE USED DURING THE RESEARCH 47-48
6.2.1 REPRESENTATIVE SAMPLE 48
6.2.2 SAMPLE ANALYSIS OF MANAGEMENT 48-50
6.2.3 DEMOGRAPHIC DETAILS OF EMPLOYEES 50-51
6.3 MEASURING INSTRUMENT USED DURING 51-52
RESEARCH
6.4 APPLICATION OF QUESTIONNAIRE 52
CHAPTER 7
RESULTS
7.1 RESPONSE BY PRISON DIRECTOR 53-56
7.2 RESPONSE BY CHAIRPERSON OF WORK 56-57
COUNCIL
7.3 RESPONSE BY HUMAN RESOURCE MANAGER 57-58
7.4 RESPONSE OF MANAGERS ON
58-65
QUESTIONNAIRE
7.5 RESPONSE OF EMPLOYEES ON
65-72
QUESTIONNAIRES
CHAPTER 8
INTERPRETATION
8.1 MANAGEMENT RESPONSES TO
73-77
OUESTIONNAIRE
8.2 EMPLOYEE RESPONSES TO
77-81
OUESTIONNAIRE
CHAPTER 9
CONCLUSIONS AND RECOMMENDATIONS OF EMPLOYMENT
RELATIONS MANAGEMENT AUDIT CONDUCTED IN KUTAMA
SINTHUMULE PRIVATE PRISON
9.1 INTRODUCTION 82
9.2 AIM OF THE STUDY 82
9.3 OBJECTIVES OF THE STUDY 82-83
9.4 CONCLUSION OF THE RESEARCH 83-84
FINDINGS
9.5 DISCREPANCIES IN MANAGEMENT 84-
PROCEDURE
9.6 BRIEF SUMMARY OF AN AUDIT 84
9.7 RECOMMENDATIONS 84
9.7.1 EQUITY AND DISCRIMINATION 85
9.8 WORK COUNCIL 85-86
9.9 PERSONNEL POLICIES AND PROCEDURES 86
9.10 EMPLOYEE RELATIONS 86-87
9.11 MANAGEMENT STYLE 87
9.12 PERFORMANCE APPRAISAL 87
9.13 TRAINING AND DEVELOPMENT 87
9.14 HUMAN RESOURCE 87
9.15 CONCLUSION
88
BIBLIOGRAPHY
89-92
ANNEXURE A
ANNEXURE B
CHAPTER 1
ORIENTATION
1.1 Introduction
As the title denotes, this dissertation aims to explain and evaluate
employment relations management procedures and processes in Kutama-
Sinthumule private prison.
In this chapter, attention will be given to the following aspects in motivations
for the choice of the subject, problem statement, aim and objectives of the
study, research methods, research procedure and strategy, literature study,
limitations of the study and contents of research report
1.2 Motivation for the Choice of the Subject
A variety of factors motivated the researcher to pursue this research study.
The study stemmed from the researcher's practicum as part of the Rand
Afrikaans University's requirements for the degree Masters philosophy in
employment relations and labour law.
The researcher also works in the Department of Correctional Services and
serves as a Senior Shop steward of POPCRU (Police and Prisons Civil
Rights Union) at the Department's Head Office.
Prison privatisation in South Africa is a fairly new venture. The Department
of Correctional Services entered into the Public Private Partnership. In
terms of the Assets Procurement and Operating Partnership System
(Apops), prisons were constructed by and are currently operated by private
companies, they are:
• Mangaung Maximum Security Prison (Bloemfontein)
1
• Kutama Sinthumule Maximum Security Prison (Louis Trichard). This
private venture the contents thereof will be discussed in Chapter 4.
Since the researcher realised that there are currently no labour
organizations operating in South African Private Prisons and a great
number of employees have been appointed from both outside and inside
the Department of Correctional Services. There is a need to audit the
policies and procedures applicable in the Private Prison (Kutama
Sinthumule) in order to explore the attitudes, opinions and perceptions of
employees with regard to various factors relating to the employment
relationship and which can influence the quality of employment relations.
In brief, the researcher has been interest in the area of employment
relations management audit and envisages that this audit will contribute not
only to the development of employment relations management, in Kutama
Sinthumule, but also to the Department of Correctional Services as well as
their contract relationship with Private companies owning private prisons.
1.3 Problem Statement
Since there are no labour organisations presently operating in South African
Private Prisons, there is a possibility that employment relations
management policies and procedures may be affected negatively.
Therefore, there is a need to conduct employment relations management
audit in Kutama Sinthumule Private Prison.
This study aimed at exploring and evaluating the employment relations
management processes in Kutama Sinthumule. The questions to be
answered were the following:
• Are employment relations policies and procedures available?
2
If policies and procedures are available, are they managed in such a
way that they add value to the quantity and quality of services rendered
in the Private Prison?
Is there a further need for improvement in the future management of
employment relations?
1.4 Aim And Objectives Of The Study
1.4.1 Aim
The aim of the research is to determine employees' attitudes, opinions,
expectations and perceptions with regard to various factors relating to the
employment relationship and which can influence the quality of employment
relations.
1.4.2 Objectives
The objectives of this study are to:
describe the employees' attitude towards South Africa's private prison.
determine whether employment relations management processes and
procedures are effectively applied within the private prison.
evaluate whether there are discrepancies in the application of the
management processes and procedures, which may have a negative
impact on the functioning of employees in the private prison.
1.5 Research Method
The nature of this audit was to evaluate the actual employee satisfaction
levels. In this regard one focuses on the quality of the actual "match" in
employment relationships with the organisation; how they experience their
employment relationships. The focus was to survey the opinions, feelings,
attitudes of the employees regarding the employment relations
management in Kutama Sinthumule Private Prison.
3
Any monitor and audit process will be useless, if it only points out
deficiencies. The underlying objective of the process is to take corrective
action and therefore it must also provide for the implementation of remedial
action (Slabbert et al 1998: 23-60).
Much of the research, especially in developing prisons like Kutama-
Sinthumule sets out to explore new areas, about which little is known in the
local context (Peil M. 1982, P.11). The nature of this study is therefore
exploratory. The research will add to the understanding of the employment
relations management and the control thereof, furthermore the researcher
will be exploring responses from employees and management personnel
concerning their understanding of the role of employment relations
subsystem in the organisation.
1.6 Research Procedure And Strategy
1.6.1 Data Collection
Data was gathered from literature, documents, questionnaires and
interviews.
1.6.2 Strategy
Structured interviews were conducted with various experts from Kutama-
Sinthumule Private Prison and questionnaires were administered to
management personnel and employees at Kutama-Sinthumule. These
comprises of the Prison Director, Human Resource Manager, Unit Manager,
Social workers, Psychologist, Nursing staff, Educational/Programme staff
and custodial staff, together with the Chairperson of the work council.
4
1.6.3 Literature Study
The relevant literature sources from different fields of study were consulted
and referred to. These fields of study are Prison Privatisation, Employment
relations management, Labour law, Social work, and Correctional Services
documents. In addition researcher's practical experience as a Correctional
official and a shop steward in a Correctional setting; was applied.
1.6.4 Consultation with experts
The researcher consulted with experts from the Departments of
Correctional Services and Public Works to gain general background on the
formation of Public Prison Privatisation.
1.6.5 Dccumentary methods
A research design is the arrangement of conditions for collection and
analysis of data in a manner that aims to combine relevance to the research
purpose; with economy in procedure (Mouton and Marais 1988:32).
The researcher first made a thorough study of documentary sources,
including, among other things, books, periodical journals, Act of Parliament,
magazines, reports and newspapers, collected from the library of the
University of South Africa, and the library of Correctional Services
Headquarters, and information downloaded form the website.
Documentary sources may be either primary or secondary for additional
information; the researcher can turn to unpublished sources such as theses,
dissertations, and reports on research projects (Van der Walt et al, 1977:
214).
Documentary studies are essentially a study of the literature on a specific
problem or phenomenon (Neser, Cilliers and Swart 1985: 205).
5
1.7 Definition of Key Concepts
For the purpose of clarity, the following key concepts will be defined:
1.7.1 Key Concepts
1.7.1.1 APOPS
APOPS means Assets Procurement and Operating Partnership Systems.
1.7.1.2 Employment Relations Management Audit
A survey of a company's human resource and industrial relations policies,
procedures, processes, and practices.
1.7.1.3 DCS
DCS means the Department of Correctional Services
1.7.1.4 Privatisation
Privatisation refers to the once of sale of public assets to the private sector.
1.7.1.5 POPCRU
Poperu means the Police and Prison Civil Rights Union
1.7.1.6 SACM
SACM means South African Custodial Management which operates private
prisons in South Africa.
6
1.7.1.7 Custodial Officer
A custodial official is an employee of the Department of Correctional
Services or Private Prisons in South Africa.
1.7.1.8 Unit Manager
The unit manager is a person who is in charge of a unit, directs and
manages the unit within the confines of the major institution.
1.8 Limitations of the Study
First of all it was very difficult for the Department of Correctional Services to
approve the research proposal. No research was conducted in the Private
Prison before. The Mangaung Maximum Private Prison disapproved the
research proposal but Kutama-Sinthumule accepted it with Correctional
Services.
The second very important limitation was that of waiting for more than four
months since the department was re-evaluating its research policy.
The third limitation was difficulty in finding the respondents at Kutama-
Sinthumule due to their work shifts and prison design that compelled most
of the employees to take the questionnaires home and return with them the
following day. Employees were afraid to fill in questionnaires for fear of
reprisal.
1.9 Contents of Research Report
This research study is presented in seven chapters as follows:
Chapter 1 deals with the following components:
7
General introduction including the motivation for the choice of the subject,
the formulation of the problem, aim and objectives of the study, the
hypothesis statement, research methodology, a description of the research
population, definition or key concepts and limitations of the research.
Chapter 2 discusses the historical development of the privatisation of
prisons in South Africa and the impact of employment on employment
relationships.
Chapter 3 handles the overview of prison system, as it had developed in the
modern era and the current state of South African Prisons.
Chapter 4 gives an exposition of prison privatisation
Chapter 5 outlines the theoretical perspective or the employment relations
management audit.
Chapter 6 summarises the employment relations management audit in
Kutama-Sinthumule Private prison, it will also entail the scope of the audit,
approach and the rationale of the employment relations management audit.
Chapter 7 includes conclusions and recommendations for employment
relations management audit.
Chapter 8 interprets the research findings.
Chapter 9 presents conclusions and recommendations of the research
audit.
8
CHAPTER 2
HISTORICAL DEVELOPMENT OF PRIVATE PRISON IN SOUTH AFRICA
2.1 Introduction
The privatisation of prisons is the latest, albeit unfinished, chapter in the
history of penal reform in South Africa. Like most previous Penal Reform
Movements the privatisation movement can be understood as a response to
escalating costs, and rising prison population.
Like previous generations of penal reformers, a mixture of self-interest and
high ideals motivated privatisation of prisons. On the one hand, they are
out to make money for themselves, and their investors, on the other hand,
they seem convinced that they can help to improve this country's ailing
correction complex. They pledge to operate in an abuse and corruption free
manner, and they claim that their ultimate mission is to make prisons safer,
cleaner, more productive, more lawful and less expensive to build, financed
and administer.
The thrust of this research has throughout been that employment relations
ought to be managed in such a way that this organisational subsystem
enhances the competitiveness of an organisation; hence there was a need
for employment relations management audit in the private prisons. This
means that the employment relations system of any organization has to be
managed in such a way that the outputs thereof actually add value to the
quantity and quality of products delivered or services rendered by the
9
organization. The outputs of the employment relations system in any
organization ought to be evaluated in this context and to what extent does it
contribute to the competitiveness of the organization?
Control as a management function is defined by Robbins and Coultar (in
Slabbert:et al 1998: 23-3) as "the process of monitoring activities to ensure
that they are being accomplished as planned and of correction for any
significant deviations" without exercising this kind of control as part of the
management of employment relations. , It is not possible to know whether
the organization's employment relations systems actually performs as
intended — it will be impossible to ensure that it operates in a way that it
actually enhances competitiveness. Controlling the quality of the
employment relations system helps to ensure that all employment relations
management strategies and practices are adding value to the organization.
The employment relations management audit can be described as a survey
of a company's human resources and industrial relations policies,
procedures, processes and practices. It entails an analysis of these
procedures, processes, policies and practices with an evaluation of their
quality and present functioning followed by suggestions for improvement.
Reverting back to privatisation movement: Douglas C Mc Donald (1990:
177) alluded that privatisation efforts have been motivated by the belief that
public correctional institutions are too crowded, but the overcrowding
problem is less acute than is commonly supposed. Privatisation ventures
are driven by the perception that public corrections managers have failed,
but the public record is by no means consistently bleak and in some
respects it is quite outstanding. The problem of overcrowding, rising costs
and failed management is most real in the areas of higher custody prisons
and jails. Corruption is prevalent, but at present the questions remains
whether privatisation will offer help to the Department of Correctional
Services.
10
In the face of ever increasing prison population, Department of Correctional
Services (DCS) has signed contracts of two prisons to be constructed,
financed and managed by a Consortium of Private Companies. The
objective of this contract was to mainly help alleviate overcrowding.
Deen Letchmiah (1998: 1) cited a case study where he showed that until a
decade or two ago the planning and construction of Public Works were
generally regarded as one of Government principal responsibilities.
However, in the present times this view has changed significantly. There
are many good and practical reasons for this change. Primarily
Government is either unable or unwilling to raise the funds needed to
finance large scale, capital intensive projects; furthermore, they may be ill
equipped to oversee the construction and subsequent management of such
projects.
Conversely, private companies and investors are willing to take on the risks
if there are sufficient financial rewards. As a result we see the number and
scale of privately financed projects rising sharply particularly in countries
whose fast growing economies have outstripped the infrastructure required
to support this growth.
According to [email protected] , prison privatisation has received
mixed feelings in various countries. Australia experienced problems with
regard to private prisons. This led the Government of Queensland to put an
end to the prison privatisation process.
According to ppwatchhotmail.com , Mr. Bill MC Grath, Minister for
Corrections, heralded a new era in correctional facilities and said that it
would set new standards, offering a good balance between human modern
living standards and firm correctional policy. This speech was delivered on
18 August at the opening ceremony for port Phillip; Victoria third Private
Prison.
2.2 Historical Background
11
It is well known fact that one of Department's greatest challenges is that of
eliminating overcrowding in prison. However, the need for infrastructure far
exceeds the available resources and it has become clear that the traditional
resources simply cannot address the ever increasing demand for prisoner
accommodation. The traditional method of procurement is not only lengthy,
but it also not considered the most effective.
Assets Procurement and Operating Partnership System (APOPS) is an
innovative procurement technique aimed at alleviating the inadequacies of
the traditional procurement system. It involves a contract between
GOvernment and Private Party, which is awarded the rights to design, build,
finance, operate and maintain a prison facility for the lifetime of the contract.
Instead of paying for assets, Government then pays the contractor an
agreed upon fees for services that he/she provides, i.e. inter alia security,
health care, maintenance, rehabilitation programme etc.
The main rationale behind the APOPS initiative is to provide more prison
accommodation, more quickly and cost effectively that would be the case
with traditional procurement.
2.3 Public Private Partnership (PPP)
In 1997, laws were promulgated which gave the Department of Correctional
Services powers to engage in public private partnership to build prisons.
During the same year, the Department requested tenders for building
private prisons.
The Department of Correctional Services has turned to the private sector for
assistance and has signed contract for two prisons to be designed,
constructed, financed and managed by a consortium of private companies.
The Kutama Sinthumule Prison in Louis Trichard opened in March 2002
and Mangaung Prison in Bloemfontein in July 2001. These were the first
12
two private prisons in South Africa. Depending on their success more may
follow. The Group 4 Flack Wackenhut merger created arguably the biggest
prison management company in the world. The Multi National Security
Consortium Group Company in the United States of America won a
lucrative contract from the South African Government to build and manage
two 3000 bed Maximum Security Prisons in Louis Trichard and
Bloemfontein(Trade Union Research Project, 30/6/2000).
As illustrated above, international private prisons have been received with
mixed feelings, although many of the criticisms could be equally applied to
state operated facilities because of problems with comparability. It is
extremely difficult to determine whether private prisons provide cost
savings. In South Africa it is impossible to ascertain whether a private
prison will be cheaper that the public prison, because the standard of care
offered by private prisons is entirely unmatched in the public sector.
The main objective of the study is not to investigate whether private prisons
provide cost savings but to audit the employment relations management as
applied in the private prisons. .
2.4 The Impact of Employment Law on Employment Relationships
Political and industrial democracy in South Africa evolved historically along
racial lines, leading to the unique, but unfair, employment relations system,
which came to an end during April 1994 elections.
According to Swanepoel et.al (in Nel et al 2000 94) the employment
relationship is also influenced by various sources of law, which include
common law, the contract of employment, collective agreements,
negotiated by trade unions and management, guidelines of the International
Labour Organization in the form of conventions, and the South African
Constitution Act no 108 of 1996. It is essential to understand the
interdependence between human resources management and employment
relations, as presented in this dissertation, and should be studied as a unit.
13
2.4.1 Government Policy and the Constitution
The Constitution is the supreme law of the country (Act no 108 of 1996).
Thus the provisions of all South African Statutes must conform to the basic
principles contained in the constitution. The constitution provides very clear
guidelines with regard to employment relations. Section 23 of the
Constitution of the Republic of South Africa, 1996 (Act 108 of 1996)
stipulates the following provisions:
Every one has the right to fair labour practices.
Every worker has the right to form and join a trade union, to participate
in the activities of a trade union, and to strike.
Every employer has the right to form and join an employer's organisation
and to participate in the activities of an employer's organisation.
Every trade union and employer's organisation has the right to
determine its own activities, to organize, to bargain collectively, and to
form and join a federation.
Every trade union, employer's organisation, and employer has the right
to engage in collective bargaining.
National legislation may be enacted to regulate collective bargaining, to the
extent that the legislation may limit a right, the right must comply with
section 36 (1) of the Constitution Act 108 of 1996.
It is clear that the constitution and government policy set the scene for the
practice for employment relations in South Africa which emphasis that
employment Law should also facilitate worker participation and decision
making in the workplace.
Roodt (in Nel et.al 2000:95) comments on how the government ought to go
about transforming South African Society within the African Renaissance
and the focus on Africaness.
Fundamental Socio delivery and transformation must be enhanced.
14
A new understanding must be spread of what it means to live in a
democracy in order to counter the myopic view that democracy
engenders rights to citizens while responsibilities and duties reside with
the Government alone.
The focus must be on effectiveness, efficiency and delivery in respect of
Government initiatives and actions. This includes the civil services,
which are linked to the need for economic growth as the engine for job
creation.
In other words, the fundamental base on which meaningful and suitable
jobs are created is by ensuring the economy grows in a way that creates
jobs. This means that the number of people in the public Services must
be reduced.
A tougher approach to dealing with law and order, including partnership
between state, communities, and business in preventing and combating
crime and corruption is essential.
Initiatives to stimulate job creation, in alliance with business and labour,
must be accelerated.
A world outlook is important for South Africa, on its position in the
region, in Africa and in the rest of the world and, in particular, in relation
to bringing about an African renaissance (Nel et.al 2000:95).
However Government policy and sentiment were reflected in President
Mbeki's opening speech to Parliament in February 2002. He stated that
Government had to take strong action against irresponsible trade union
behaviour such as strikes, since it could impact negatively on economy and
job creation.
Readers must take careful note that the discussion of employment law in
the following section is in summarized form.
2.4.2 Employment Equity Act, 1998(Act 55 Of 1998)
15
This Act became the centrepiece of legislation doing away with all forms of
discrimination in employment in South Africa. The Employment Equity Act,
1998 (Act 55 of 1998) was promulgated to:
Promote the constitutional rights of equality and the exercise of true
democracy,
Eliminate unfair discrimination in employment,
Ensure the implementation of Employment Equity Act to redress the
effects of discrimination.
Achieve a diverse workforce broadly representative of our people.
Promote economic development and efficiency in the workforce, and
_Give effect to the obligations of the republic as a member of the
International Labour Organisation.
The aim of Section 2 of the Employment Act, 1998 is to achieve equity in
the workplace by:
Promoting equal opportunity and fair treatment in employment through
the elimination of unfair discrimination, and
Implementing affirmative action measures to redress the disadvantages
in employment experienced by designated groups, in order to ensure
their equitable representation in all occupational categories and levels
in the workforce.
The Act excludes members of the South African National Defence Force
(SANDF) the National Intelligence Agency (NIA) and the South African
Secret Services (SASS). The anti discriminatory provisions of the Act apply
to all other employers and employees, but the affirmative action provisions
only apply to "designated employers and members of designated groups".
This has a direct bearing on the anti-discrimination prohibitions outlined in
Chapter 2 and the affirmative action provisions in Chapter 3 of the Act. The
drawing up of employment equity plans and the achievement of numerical
goals are also important aspects of the Act.
2.4.3 The Impact of the Act on Human Resources
16
The Act impacts greatly on all sectors of the South African economy
regarding employment policies and practices. The impact includes, but is
not limited to, recruitment procedures, advertising, and selection criteria,
appointments process, job classification and grading, remuneration,
employment benefits and terms and conditions of employment, job
assignments, the working environment and facilities, training and
development, performance evaluation, systems, promotions, transfers,
demotion, disciplinary measures other than dismissal.
The Act was instrumental in breaking down the employment discrimination
the country experienced previously. This explains how diversity and
transformation should be managed in the workplace.
2.4.4 Basic Conditions Of Employment Act, 1997(Act No 75 011997.
Due to the importance of this Act, more attention is paid to it than other acts
in this dissertation, except for the Labour Relations Act of 1995. The Act
came into operation, replacing the Wage Act of 1957, on 1 December 1998.
In respect of the Private Sector and this became applicable to the Public
Sector on 1 May 2000.
The Act has two primary objectives:
To ensure that working conditions of unorganized and vulnerable
workers meet minimum standard that are socially acceptable in relation
to the level of development of the country, and
To remove rigidities and inefficiencies from the regulation of minimum
conditions of employment and to promote flexibility.
The Act provides for basic conditions of employment which forms part of
employment contract in South Africa, unless they have been replaced,
varied or excluded in accordance with the Act, or unless the employees has
17
personally, or via a bargaining council agreement, contracted for more
favourable terms of employment.
The working hours of employees must be arranged so as not to endanger
their health and safety and with due regard to their family responsibilities.
The requirements with regard to remuneration, deductions and termination
do not apply to employees who work for fewer hours per week.
Chapter 2 and 3 of the Act provides that the maximum ordinary weekly
hours for all employees are forty-five. The maximum daily hours that an
employee may work is nine for those who work on five days or less a week,
and eight for employees who work six days a week.
According to schedule 1 of the Act, there must be a progressive reduction of
the maximum hours of work. It proposes a procedure to reduce working
hours of employees to forty hours and eight hours working day.
Overtime may only be worked by agreement. An employee may not work
more than ten hours overtime in a week.
An employee must have a meal interval of at least sixty minutes after five
hours. This may be reduced to thirty minutes by agreement. An employee
required to be available for work or remain on the employers' premises
during the meal interval must be paid.
The Act contains protection for employees who work at night. Night work is
defined as work performed between 18h00 and 06h00. Employees must be
compensated by the payment of an allowance or by a reduction of working
hours. Transportation must be made available for employees. Employers
must inform employees who regularly work after 23h00 of the health and
safety hazards of night work. Upon request, employers must provide
employees with a free medical assessment.
18
All employees must be paid their normal wage for a Public Holiday that falls
on a working day. An employee may not be required to work on a Public
Holiday unless by agreement. Work on a Public Holiday must be
remunerated at double rates.
The limits on ordinary and overtime working hours, and the requirement, for
meal intervals, and rest period do not prevent the performance of
emergency work.
Employees are entitled to three weeks fully paid leave after twelve months
continuous employment. An employee is entitled to six weeks paid sick
leave for every thirty-six months of continuous employment. Should an
employee be sick for more than two days a medical certificate should be
produced as proof.
A pregnant employee is entitled to four months maternity leave. This leave
may begin up to four weeks before the expected date of birth, unless
otherwise agreed or if required by the employee for health reasons.
An employee is entitled to three days paid family responsibility leave.
These apply to employees who work four or more days a week. The
employee may take this leave in the event of the birth or illness of the
employees' child, if the employees' immediate family dies. An employer
may require reasonable proof of the purpose for which this leave is taken
before paying the employee.
2.4.5 Labour Relations Act, 1995(Act 66 of 1995)
The purpose of the Act is to advance economic development, socio-justice,
labour peace and a democratisation of the workplace by fulfilling the
primary objectives of the Act, which are to realize and regulate the
19
fundamental rights of workers and employers under Sec 23 of the
Constitution.
The Act applies to all employment relationship between employers and
employees and makes no distinction as to whether these relationships are
in Private or Public Sector.
The status of the Act is such that in the case of any conflict between the
provisions of the Labour Relations Act and any other Act (except the
Constitution) priority will be given to the provisions of the Labour Relations
Act. The Labour Relations Act (referred as LRA) automatically supersedes
the Basic Conditions of Employment Act (referred to as BCEA).
.2.4.5.1 Freedom of Association and General Protection
One of the objectives of the Act is to give effect to the provisions of the
Constitution. One of the provisions contained in Sec 23 of the Constitution
stipulates that workers have the right to form and join trade unions, and
employers have the rights to form employers' organizations. This freedom
of association is also enshrined in the International Labour Standards of the
International Labour Organization.
Union members, further, have the right to elect office bearers, officials, or
trade union representatives. The functions of a trade union representative
must be carried out subject to the unions' constitution.
No person in terms of Sec 7 of the Act may discriminate against an
employer by forcing an employer not to be or become a member of an
employers' organisation, or to give up membership of an employers'
organisation, or to take part in such organisational activities.
Employers are granted essentially the same rights as employees in respect
of freedom of association and freedom from victimization. Trade unions
and employers' organisation likewise have the right to establish
20
independently constituted bodies, to organise their own administration and
activities, to take part in the establishment of federations and to affiliate to
other bodies, both locally and internationally.
Every trade union and employer's organisation has the right to determine its
own constitution and rules and to elect office bearers, officials and
representatives, subject to the provisions of Chapter 6 of the Act.
2.4.5.2 Collective Bargaining.
The Act promotes collective bargaining in terms of dispute resolution
mechanisms. It should however be mentioned that there is no direct duty to
bargain in terms of Labour Relations Act.
2.4.5.3 Organisational Rights.
Unions are accorded "sufficiently representative rights: such as the rights to
access, to hold meetings with employees outside working hours (Section
12) to conduct an election at the workplace and to be granted stop order
facilities (Section 13). A majority union or more than one union which
together represents a majority of employees at the workplace may also
appoint shop stewards, may be given information necessary for the purpose
of representation with the employer, may establish thresholds for
representation.
More attention is focused on access to the workplace, leave for trade union
activities and disclosure of information, since they have far reaching
implications for human resource managers.
2.4.5.3.1 Trade Union Access to Workplace.
21
According to Le Roux (in Nel et .a1.2000: 106) there is no definition of
sufficient representative and if there is dispute in this regard it should be
resolved through arbitration undertaken by the commission. Any office
bearer is entitled to enter the employer's premises to recruit, to
communicate with its members, or just to serve its interest. Majority trade
unions are entitled to hold meetings outside working hours at the
employer's premises.
2.4.5.3.2 Leave For Trade Union Activities.
In terms of Section 15 of the Labour Relations Act, 1995 an employee who
is an office bearer of a representative trade union, or a federation of trade
unions to which the representative trade union is affiliated, is entitled to take
reasonable leave during working hours to perform the functions of that
office and to be trained in any subject relevant to the performance of these
functions.
2.4.5.3.3 Disclosure of Information
An employer must give all relevant information to representatives of majority
unions necessary for their effective functioning. The employer should
disclose relevant information, which is necessary for collective bargaining.
The employer should identify information, which is confidential.
2.4.5.4 Strikes and Lockouts.
In terms of the Act, every employee has a fundamental right to strike. This
right is subject to limitations, which are mentioned below:
• Section 213 of the Labour Relations Act 66 of 1995, a strike is defined
as: the partial or complete considered refusal to work or the retaliation
22
or obstruction of work by persons who are or have been employed by
the same employer or by different employers, for the purpose of
remedying a grievance or resolving a dispute in respect of any matter of
mutual interest between employers and employees.
Section 213 of the Labour Relations Act 66 of 1995 a protest action is
defined as a partial or complete concerted refusal to work, or the
retaliation or obstruction of work, for the purpose of promoting or
defending the socio-economic interests of workers, but not for a
purpose referred to in the definition of strike.
Lock-out means the exclusion by an employer of employees from the
workplace, for the purpose of compelling the employees to accept a
demand in respect of any matter of mutual interest between employer
and employees, whether or not the employer breaches those
employees' contracts of employment in the course of or for the purpose
of that exclusion.
According to Sec 64 of the Labour Relations Act 66 of 1995 various
procedures must be followed for an employee to embark on a protected
strike action or for an employer to lockout his/ her employees. The
dispute should either be referred to bargaining or statutory council (if
there's one) or to the Commission for Conciliation Mediation and
Arbitration and a certificate issued stating that the dispute remains
unresolved. Parties have 30 days to attempt to resolve the dispute. If
the dispute concerns a refusal to bargain (which includes a refusal to
recognize a trade union) as a collective bargaining agent, then as
advisory award by the Commission is required in addition to other
requirements. At least forty-eight hours written notice of either strike or
lockout must be given to the other party or parties.
2.4.5.5 Essential and Maintenance Services
23
The Labour Relations Act 66 of 1995 also outlaws strikes in essential
services or maintenance services in terms of section 71-75.
Employers and employees engaged in essential services are prohibited
from embarking on Industrial action or Socio-economic protest action.
Essential services are defined as those services whose interruption would
endanger the life, personal safety, or health of the whole and part of the
Population.
2.4.5.6 Dispute Resolution
In chapter 7 of the Act, some of the most dramatic changes from the old
dispensation are legislated. The Commission for Conciliation, Mediation
and Arbitration (referred to as "The Commission"), is introduced into the Act.
The functions of Commission for Conciliation, Mediation and Arbitration are
to:
Attempt to resolve, through conciliation any dispute referred to it in
terms of the Labour Relations Act 66 of 1995.
Arbitrate the dispute if the act requires arbitration or if it remains
unresolved after conciliation, or any party has requested that the
dispute be resolved through arbitration
Assist in the establishment of workplace forums.
The Commission for Conciliation, Mediation and Arbitration must attempt to
resolve disputes through conciliation and arbitration.
2.5 Skills Development Act, 1998 (Act 97 Of 1998)
24
Training is of critical importance in South Africa and a major overhaul has
taken place in recent years. According to sec 2 the objectives of the Skills
Development Act are to:
Develop the skills of the South African workforce.
Increase the levels of investment in education and training in the labour
market and to improve the return on investment.
Use the workplace as an active learning environment, to provide
employees with the opportunities to acquire new skills, and to provide
opportunities for new entrants to the labour market to gain work
experience.
Employ persons who find it difficult to be employed.
Encourage workers to participate in leadership and other training
programmes.
Improve the employment prospects of persons previously
disadvantaged by unfair discrimination and redress those
disadvantages through training and education.
Ensure the quality for education and training in and for the workplace.
Assist work seekers to find work, retrenched workers to re-enter the
labour market, and employers to find qualified employees,
According to Swanepoel (in Nel et.al (2000 124) various managerial
challenges and implications of the new training legislation should be
taken into consideration. The aim of new training legislation is to:
Ensure that all stakeholders in the organisation are aware of the
different acts and the employers' responsibilities.
Participate in the bodies as set out by the South African Qualifications
Authority (for example, standards generating bodies and Education
Training Quality Assurers).
Make finances and personnel available to involve themselves in the
NQF alignment process and for paying levies.
2.6 Conclusion
25
It is essential to understand that a complete break with the apartheid past,
to which South African's labour force was subjected, has been made and
that an approach of participation by labour in the affairs of organisations has
been enacted in various employment laws. Current employment laws in
South Africa are structured according to the spirit and prescription of the
Constitution. Once we understand the context of employment law, which
forms the basis of effective human resource management, which is fair, an
equitable, it is appropriate to survey companies' human resource and
industrial relations policies, procedures, processes and practices. Before
we can venture into a chapter on audit of employment relations
management, it would be important to discuss first an overview of the prison
system, as it had developed in the modern era and the current state of
South African prisons.
26
CHAPTER 3
PRISON SYSTEMS IN THE MODERN ERA AND CURRENT STATE OF SOUTH
AFICAN PRISONS.
3.1 Introduction
The Government has the exclusive right to mete out punishment to
perpetrators. During ancient time, commission of crime was considered to
be in violation of social norms, which was dealt with immediately by the
community and which usually took form of restitution and compensation.
These traditional justice systems were therefore concerned with the victim
rather than restoring the order or harmony, which existed prior to the
commission of a crime (Goyer, 2001:9).
On 31 April 2003 the Department of Correctional Services is presently
managing 241 prisons countrywide. As on 30 April 2003 the Department of
Correctional Services had cell accommodation of 111241 as opposed to a
total prison population of 190180 prisoners. As at 30 April 2003 the number
of personnel in the employ of the Department of Correctional Services stood
at 33285.
The forerunner of the prison was the workhouse, an Institution that
developed in line with the labour trends of the industrial revolution.
The concept of imprisonment was originated in England, prisons were
intended to accomplish much more than simply house criminals and
administer their basic needs while serving their imposed sentences. Rather
than simply warehouse criminals for a specific time, the duty of the prison
system was to transform the individuals in its care into respectable, law
abiding citizens. The workhouse concept was evident in the corrections
strategy employed in these first prisons where criminals were instilled with
the virtues of good citizenship through solitary confinement and hard labour.
It was expected that the shiftless lazy vagrant, once broken by extended
27
isolation, desired result was a healthy appreciation for the rewards of hard
work and a permanent memory of the torment of solitary confinement,
which would deter future criminal behaviour (Goyer, 2001:9).
Dutch colonists introduced prisons in South Africa. After the occupation of
the British, the penal policy began to take shape historically in South Africa.
As in England, the duty of the prison administration was to reform criminals
in order to accommodate the economic needs of that time. After slavery
was abolished in 1834, policy began to be shaped by the country's labour
demands. During the 1840's and 50's many public projects were
constructed using prison labour. Inmates at the Breakwater Prison, now a
historical landmark, were used to construct the Breakwater, which protects
the Cape Town Waterfront (Goyer, 2001: 10).
During the late 1800's, labour demands of the mining industry began to
impact on Policies for imprisonment. The development of the South African
prison system thus began to parallel that of another typically South African
institution, the mining compound.
The mining company paid the expenses to incarcerate their labourers arid
also paid the State for the use of their Prison Labour. By the end of 19 th
century, the De Beers Diamond Mining Company had used over 10 000
prison labourers daily. The first racially segregated prison was constructed
in Kimberly and eventually both prisons and mining compounds were
segregated along tribal lines.
Many prisoners were sent to work in the mines. They were incarcerated for
violating pass laws, which had been in effect in one form or another for
nearly 100 years before the Nationalist Government came to power in 1948.
Thus, incarceration of Africans for minor infractions such as pass offences
could reliably supply the necessary labour for the growing economy
throughout the 1900's. In this way, the State effectively became the
provider of unskilled black labour for the Mines through the penal system.
28
In the later 1950's Prisoners were used for farming and dozens of special
farm prisons were constructed for this purpose. In 1959 an Act of
Parliament officially abolished prison labour, but replaced the practice with
policies that prescribed "useful and healthy outdoor work" for short term
prisoners (Goyer, 2001: 10).
3.2 Current State of South African Prisons
Prison conditions in South Africa have been directly affected by the political
changes in the country since the beginning of 1990. In 1990, apartheid in
the prison system was formally abolished, with the repeal of the section
requiring black and white prisoners to be housed separately. The Prison
Services was separated from the Department of Justice and renamed the
Department of Correctional Services. The Prison Act was renamed the
Correctional Services Act in 1991. A new sentence of "Correctional
Supervision" was also introduced allowing the possibility of a reduction in
the prison population and acknowledging the limited usefulness of custodial
sentences (Africa Watch and Prison Projects, 1994).
South Africa has a young democracy comparable with countries in Eastern
Europe and the former Soviet Union.. After the fall of the Berlin Wall,
imprisonment in the transformation of Political States exhibited two phases.
The prison population decreased as political prisoners from the old regime
was released and new Government structures were put in place. The next
phase saw the difficulties of a new economy; new institutions and an
entirely new Government resulted in increased criminal activity.
Government is committed to fighting crime and improving safety and
security over the medium term. The Department of Correctional Services is
the key player in this endeavor; together with the South African Police
(SAPS) they manage the output of the system. DCS is responsible for safe
custody and humane detention of prisoners, thereby promoting their
rehabilitation.
29
In the management of its human resources the Department pursues the
following objectives:
The establishment of an adequate, representative and equitable
workforce.
The empowerment of personnel through development and training.
The maintenance of sound labour relations.
The promotion of job satisfaction and the creation of a harmonious
working environment.
The maintenance of a fair, yet effective disciplinary system.
In accordance with the requirements of the Employment Equity Act, 1998
(Act 55 of 1998) as well as the White Paper on Affirmative Action in the
Public Services, the Department has embodied its commitment to
affirmative action by developing Policies on Equity, Disability and Gender.
These policies cover aspects such as recruitment and selection, selection
interviews, performance management and human resource development.
The Department of Correctional Services is committed to accommodating
persons with disabilities. On 31 March 2002 the Department had 129
persons with disabilities in its employ, that represents 0, 4% of the total
personnel component.
The Department established the Employee Assistance Programme (EAP)
two years ago as to render support service to staff members who are
working under extremely challenging and abnormal work environment.
Vacant positions within the Department are advertised either internally or
externally, depending on the level and nature of the post, to ensure that
quality appointments are made.
During January 2003, 1280 personnel members terminated their services in
the Department compared to the 1694 during the previous financial year.
Certain categories of personnel reflect higher turnover than others e.g.
30
psychologist, auditors, information technology personnel, nurses and social
workers. These persons posses professional skills that are sought after in
the open labour market and they are often lured away by more attractive
salary structures and more pleasant working conditions, leaving the
Department with little leverage to retain their services (Annual Report of the
Department of Correctional Services for the period 1 January 2001to 31
March 2002).
3.3 The Department of Correctional Services and Criminal Justice
The Department of Correctional Services is one of the components of the
Criminal Justice System. As an active partner in the criminal justice
system, DCS plays pivotal in the prevention of crime through rehabilitation
and reintegration of prisoners. However, DCS cannot achieve this goal
alone. Thus, the Department has identified restorative justice as one of its
key strategic objectives. Pursuant to this objective a discussion document
on restorative justice was compiled which is aimed at creating a common
understanding of the concept with offenders, personnel and with the
community (Goyer, 2001:23).
Various events were organized to promote the concept of restorative justice
to create awareness amongst personnel, offenders, victims, families and
the community.
During March 2002, a team of experts in the field of restorative justice from
the Correctional Services in Canada and the Queens University in Kingston
assisted with the training of 41 Officials of the Department of Correctional
Services.
Politicians exploited the public's fear of crime in order to gain votes. The
building of prisons cannot reduce crime. Researchers in the field of
criminology and penology have consistently found that prisons did not deter
crime. Muntingh of the National Institute for Crime Prevention and the
Reintegration of offenders (in Goyer, 2001: 23) observe: "throughout the
31
world people are imprisoned in vast numbers without it having resulted in
any significant reduction in crime. The fact of punishment also does not
appear to have any significant impact in preventing people to commit crime.
The fact that so many current prisoners are in fact recidivists and have been
in prison before clearly shows the deterrence approach does not hold much
promise as a crime reduction strategy (Goyer, 2001: 23).
Give that the Department of Correctional Services has no role in the arrest,
conviction of sentencing components of the Criminal Justice System it
becomes it clear that the DCS cannot operate in isolation as a tool for the
reduction of crime. The only role that prisons can play in reducing Crime is
through rehabilitation and reintegration of offenders upon their release.
3.4 Conclusion
From the fore-going discussion, it is abundantly clear that the government
has the exclusive right to mete out punishment to offenders. It can also be
concluded that the Government is committed to fighting and improving
safety and security of its people.
32
CHAPTER 4
PRISON PRIVATIZATION IN SOUTH AFRICA
4.1 Introduction
In this chapter, an exposition of prison privatisation will be given. Important
phenomena in this connection are privatisation, types of privatisation,
private partnerships and pros and cons of prison privatisation (Goyer, 2001:
25).
Goyer (2001:25) stated that South African prisons are over-crowded, under
staffed, ill designed and structurally deteriorating. The Department of
Correctional Services cannot contribute towards the rehabilitation of
criminals without the necessary facilities and resources. Due to budgetary
constraints, the government cannot pledge additional funds to the
Department of Correctional Services to fulfil its legal mandate. In addition,
the voting public is usually not in favour of spending more money on prisons
rather on education and training and health care merit immediate attention.
In the light of increasing prison population and the lack of funds available,
Governments around the world are turning to private sector involvement in
providing correctional facilities.
4.2 Privatisation
Privatisation in its simplest form refers to the once off sale of public assets
to the private sector (Goyer, 2001: 25)
Privatisation is defined as any restructuring that involves the sale or
outsourcing of State assets or functions to the Private Sector, the
replacement of Social objectives with profitability by State owned agencies
and the opening of historically State controlled sectors to Private
competition(Congress of South African Trade Unions (Volume 11.3 The
33
Shop steward 2002). For example, historically, safety and security was
almost entirely in the hands of the State, but recently private security
companies have taken over important security functions in higher income
areas, including closing off streets. In addition, some prisons have been
privatised).
The impact of prison privatisation cannot be assessed at this stage.
However, many countries, found that privatised systems are pruned to
corruption, oppressive practices and poor security. The problem is that the
prisoners, staff and surrounding communities have little control over the
service providers. The State pays for the services rendered. The
government does not have a tool to measure quality control.
4.3 Types of Prison Privatisation
The concept privatisation may imply different things to different people.
Prison privatisation is used to refer to varying types and degrees of private
sector involvement. In any type of prison privatisation, the general format is
that the State pays for the costs of incarceration and the private sector
provides various services. The most limited form of privatisation is
contracting where a private entity is hired to perform specific services. The
prison system can use contracts with the private sector to provide ancillary
services such as catering, health care, laundry and janitorial services
(Goyer, 2001: 26).
The next level of privatisation is contracting private entities to provide
management services, such as staffing, administration and security.
Operational privatisation refers to a private company being contracted to
run an entire prison, including both care and non-care functions. The
Government still makes the policy for prison, and is expected to monitor the
performance of the contractor, but the day-to-day business of running the
prison is left to the private company (Goyer, 2001: 27)
34
Private companies can also be hired to design and build a prison. Building
a prison is a huge undertaking, and the Government will normally contract
out a great portion of the construction to private companies. Alternatively,
the Government can simply hire a prison construction company, which will
design the prison, manage the sub contractors, and completely oversee the
entire project. The advantages of these types of privatisation are that
private contractors have much less red tape and bureaucracy to deal with,
when hiring sub contractors, making procurement simpler, faster, easier
and cheaper. The state only negotiates with the primary contractor and the
rest of the responsibility and co-ordination is left to the private companies.
The provision of law and order is a basic service provided by Government,
and cannot be entirely relinquished to the private sector. Prison privatisation
does not involve turning the entire prison service over to private companies
and selling all of the assets and facilities (Goyer, 2001: 27).
4.4 Private Partnerships
• According to the Annual Report of the Department of Correctional
Services for the period 1 January 2001 to 31 March 2002, it has entered
into the Public Private Partnerships. ). Apops is aimed at providing
prison space (beds) by means of joint venture prisons. The above-
mentioned two contracts jointly provide an additional number of 5952
prison spaces.
All aspects of the relationship are governed by a concession contract
(together with schedules) entered into between the Government, through
the Department of Correctional Services (DCS) and the Private Sector. A
Correctional Services Controller monitors contract compliance on a daily
basis. This official is based at the site of the privately operated prison that
provides DCS Head Office with reports on the operation of the prison with
specific reference to contract compliance. The Department's Apops
Directorate acts as a regulatory body that manages these contracts with the
assistance of the Controller.
35
The Apops' initiative is to provide prison accommodation and services more
cost effectively and more quickly. It assists to combat overcrowding in
Prisons and improve conditions for rehabilitation. Apops set out to improve
efficiency in service delivery, transfer risk to the Private Sector and transfer
relevant skills from the Private Sector to the Department. The Department
through these partnerships envisaged to accomplished effectiveness.
A daily contract fee per available prisoner place was paid over to the Private
Companies to operate the two prisons on a monthly basis. Totals
expenditure for payment to the private companies for the 2001-02 financial
year amounted to R104 549 449 (Annual Report of the Department of
Correctional Services for the period 1 January 2001 to 31 March 2002).
4.5 Pros and Cons of Privatization of Prisons.
Charles Logan (in Goyer, 2001: 28-38) discusses Private Prisons: "Pros
and Cons" as follows:
4.5.1 Propriety
The argument about the propriety is justified through the involvement of the
private sector in provision of correctional services. The philosophical
objection is that only the State has the legitimate authority to punish
citizens. The rule of law is the source of Government legitimacy, and
authority, without which the State itself cease to exist. The counter
argument is that the State is not the sole provider of such services.
The then Governor of New York, Mario Cuomo (in Goyer, 2001: 28)
explained, "it is not Governments obligation to provide services but to see
that they are provided". Logan points out, "it is one thing to believe that only
the State has the right to imprison someone. It is another matter entirely to
believe that only the State can run a Prison in fair, humane, effective and
economical fashion.
36
The first belief as a matter of political philosophy.
The second is an empirical proposition.
If the government decides to provide service and this is a policy decision.
The actual production of that service is the implementation of that decision
and is simply an administrative action.
One of the criticisms of private prisons is that companies will have a profit
motive to fuel a fear of crime and will encourage reliance on prisons as a
viable solution. This could then affect policymaking and criminal justice
legislation in such a way that the profits of the prison company are served
rather than the safety and security of the general public. The danger arises
when prisons manage only to produce more criminals and the result is
actually an increase in crime.
If unchecked, the phenomenon could spiral, as voters believe more prisons
will reduce crime and the opposite effect continues. In this scenario, the
only winner is the prison company that is provided with a constantly
expanding market (Goyer, 2001: 29).
4.5.2 Cost
The proponents of prison privatisation maintain that the private sector can
provide the same services as the Public Sector at a lower cost.
Privatisation in other sectors has not necessarily led to cost savings and it
remains debatable that it can actually raise costs in the long run. The
charge is that contractors, anxious to break into the market, will submit
extremely low estimates. Once a dependant relationship is established, the
contractor will raise prices in order to make up for the initial loss.
Cost comparison between public and private facilities is extremely difficult,
and not one that has been completed to date has been accepted as being
accurate. This is because prisons vary in terms of size, location, and
37
classification of prisoners and these factors all impact on cost (Goyer, 2001:
30).
4.5.3 Quality
The quality of prison services is extremely difficult to quantify, and
impossible to compare between privately and publicly managed facilities.
Proponents of private prison believe that contractors will bring better
technology and innovation to the provision of Correctional Services.
Joan Mullen of Abt Associates in the United States comments that "one of
the major strengths claimed for private prisons is that their greater
management flexibility and more rapid speed of response will promote both
minor innovations and major programme changes, whether through
initiation, expansion, contraction or termination"(Goyer, 2001: 31).
Opponents claim that private prisons will be of lesser quality because
companies are motivated solely by profit will be forced to cut corners and
maximize returns by minimizing Investment. The greater portion of any
prison services budget is personnel costs, so it follows that this would also
be the area for the most significant cost cutting. Critics argue that private
prison employees are paid less poorly trained and overworked leading to
substandard and even unsafe correctional facilities. This argument is
difficult to support, because of the difficulty in comparing wages and training
programmes for different prisons with different populations in different areas
(Goyer, 2001: 31).
4.5.4 Security
In order to ensure the safety of the prisoners, the personnel and the greater
community should give a top priority to security. One concern regarding the
security of private prisons is that cost cutting will lead to understaffing and
poor training. This lack of appropriate supervision will then result in
38
prisoners harming each other, attempting to escape, or a general loss of
management control. There is also a concern that strikes, or insolvency
could result in a disruption of operations. public sector employees in many
prison systems are forbidden by law from going on strikes due to the nature
of their work, and Governments are somewhat insulated from bankruptcy.
Traditionally, only the Government is permitted to use force against its
citizens, and transferring this license to a private company is not something,
which should be considered lightly. The use of force by private prison,
which operates for profit, as opposed to a state department, which
ostensibly draws from the will of the people, is a significant point of
discussion in the debate over Private Prisons (Gayer, 2001: 36).
4.5.5 Corruption
Closely related to challenges of accountability is the relative propensity for
corruption to be found in public versus private institutions. The involvement
of additional financial transactions can expose the Government to additional
risk of fraud. The awarding of Government contracts in general carries with
it the risk of kickbacks and political favours. For example, a debacle in the
South African Arms deal, which led to prosecution of African National
Congress Chief Whip Tony Yengeni?
On the other hand, the private prison companies have vested financial
interest in covering up misconduct and would therefore be more prone to
bribery and other dishonest practices. However, supporters of private
prisons, argue that corruption is not prevalent in private prisons. Private
companies are aware that they may lose their contract for non-performance
and corrupt practices.
In any institution, public or private, the likelihood for corruption has more to
do with the management environment and the controls in place to prevent
such activity than it do with the public or private nature of the enterprise.
The greatest control risk is in the actual process of awarding the contract
39
and the financial agreements contained therein. This is the case whenever
the Government contracts with private company and is yet another reason
why the procurement process should be as transparent as possible, and the
contracts themselves should be made available to the public (Gayer, 2001:
36).
4.6 Arguments for Prison Privatisation
Logan (1990: 41: 48) summarises his arguments for prison privatisation as
follows:
As a result of contracting out prison services, the true costs become
highly visible, and can be analysed, compared, and minimised. This
provides competitive price and product information.
Contracting allows prisons to be financed, sited, and constructed more
quickly and cheaply than government prisons, whereas the Government
takes two to five years, a private company can do it in six months to one
year. Also, the private company is more apt to design for efficient
operation.
Private contractors have greater speed and freedom in matters from
personnel to purchasing. This flexibility promotes innovation and
experimentation, because it allows for risk-taking. It becomes easier to
undo mistakes, and creates an environment, which is ideal for change.
Involving the private sector adds expertise, skills and experience of a
multinational company's "Head Office", which will exceed that of smaller
jurisdictions.
Contracting out reduces a tendency towards bureaucratic self-
perpetuation and helps limit the size of Government. It's easier to
control business interests in encouraging greater spending than
Governments insatiable craving for internal expansion.
40
Private prison contracts increase accountability because market
mechanisms of control are added to the political process.
Private prisons are highly visible, while the public ignores state prisons.
Greater public suspicion towards "Big Business" translates into
increased vigilance over those who run prisons.
Private prison contacts promote the development and use of objective
performance measures. The Government spends taxpayers money
without incentive to measure quality of performance, but contracts
usually specify performance indicators and to the same extent broader
goals as well.
By creating an alternative, private prison contracts encourage
competitive evaluation, thus raising standards for Government as well
as for Private Contractors
Private prison contracts provide a surgical solution. If reform is needed,
public, management is entrenched and inert, whereas a contractor is
easier to replace than a Government agency.
Private sector involvement in the prison industry may lead to increasing
use of the imprisonment, but excluding the private sector, is not likely to
reverse this trend. Vested interests can be found in any kind of
organisation, public or private. The public interest is not necessarily allied
with the interests of Government agencies, just as it is not necessarily
served by profit seeking corporations, just as corporations seek market
opportunities. Politicians look for union support, and bureaucrats work to
increase their budgets.
These activities are not intrinsically evil but simple facts of incentives,
which motivate behaviour. As Logan (in Goyer, 2001:47) explains: "All
prisons, both public and private, face challenges in the areas of authority,
legitimacy, procedural, justice, accountability, liability, cost, security,
safety, corruptibility and so on. They face these challenges because of
41
the nature of their mission, not because of their incorporation as public or
private entities".
Conclusion
Overcrowded prisons gave impetus to the privatisation of prisons in South
Africa. Privatisation of prisons in South Africa is an attempt to alleviate
overcrowding in prisons.
42
CHAPTER 5
THEORECTICAL BACKGROUND OF EMPLOYMENT RELATIONS
MANAGEMENT AUDIT
5.1 Introduction
The aim of this chapter is to give the theoretical background of employment
relations management, which entails monitoring and auditing. These
processes will provide management with information pertaining to aspects
such as:
Abnormal conduct of employees, which manifests itself in labour
turnover, absenteeism and work stoppages,
The employees' attitude, expectations and perceptions have an
influence on the employment relations.
5.2 Definition of Employment Relations Management Audit
Slabbert et al (1998: 23) define employment relations management audit as
a survey of a company's human resource and industrial relations policies. It
entails an analysis of these procedures, processes, policies and practices
with an evaluation of their quality and present functioning followed by
suggestions for improvement.
Richard Beckhard (in Fombrun et al.1984:236) adds that any improvement
process or change effort can be broken into three distinct phases, namely:
advancing a diagnosis of the present state;
preparing a clear statement of the desired future state.
developing a strategy for managing the transition from the present to the
desired state.
43
The employment relations management audit can be conducted annually
with the purpose of identifying any serious discrepancies or inadequacies in
the company's employment relations system that might have a detrimental
effect on the quality of employment relations.
5.3 Employment Relations Management Audit AS A Measuring Instrument
The auditing process comprises various aspects. The first step in
determining the contents of the employment relations management audit
will _be to compile the list of human resources and industrial relations
policies, functions procedures, and practices that any good employment
relations management system must include. The contents of the audit fall
within the ambit of the following categories:
Employment relations policies and strategies; and Employment
relations structures; procedures; processes and practices (Slabbed et al
1998: 23-22).
Practical experience seems to indicate that the "checklist" type of audit
questionnaire is the best method to employ in the employment relations
management audit. The "yes/no" type of questionnaire seems to fit in
the best with the audit philosophy; it is either "right or not right". As
already mentioned, a list of human resources and industrial relations
policies, procedures, functions and practices must be compiled for
inclusion in the audit questionnaire. A particular company's human
resources and industrial relations policies, functions and practices are
then compared with these set out in the audit questionnaire. Through
this comparison process, attention is pertinently drawn to those policies
or practices which are:
Not provided by the company
Implemented in discriminatory manner
Not effective in practice.
44
The employment relations management audit used in this study was drawn
up with the above mentioned consideration in mind.
5.4 Assessment of the Need for Employment Relations Management Audit
The employment relations management audit is a major organisational
intervention. It raises expectations that something will be done in response
to its findings.
The employment relations management audit should not be compiled to
only reflect the current status of labour relations and human resources in
Kutama Sinthumule Private Prison. But it should serve as an aid and
mechanism to enhance insight and understanding into the human resource
dynamics prevailing in Kutama Sinthumule Private Prison
Slabbert et al (1998: 23-30) explain that the interpretation phase places
major emphasis on qualitative rather than quantitative evaluations. The
information obtained by means of comments during the interview with
regard to the application of policies, practicability of policies and shop floor
management practices should be considered.
Owing to the underlying philosophy of the audit process; in terms of which a
policy or practice is either right or wrong; one might tend to be over
idealistic when recommending remedial action. Therefore, one must weigh
the recommended remedial action against employment relations
consequences that is what the result would be if it were implemented or not
It is therefore important to determine how employees feel about various
aspects related to their employment relationships. It forms part and parcel
of the process of exercising quality control in respect of employment
relations management. These surveys of "employee attitude" provide
valuable information on which to base decisions regarding employment
relations management. In this regard, Hofmeyer and Maitland (in Slabbert
45
et al .1998: 1998: 23-11) state the following" an employee attitude surveys
is a communication tool first of all. It is a procedure for stimulating the flow
of views and ideas upwards, downwards and laterally within the
organisation. This presents an opportunity for employees to express their
opinions and suggestions regarding the various aspects of their job for the
management to articulate company's policies and procedure in particular
areas and for peers at any level within the organisation to exchange facts
and feelings relevant to their common work experience. These surveys thus
provide valuable information on areas of employee satisfaction and
dissatisfaction. As a result, these can serve as early warning to
management to identify changes that taking place. In addition, these can
serve - as a guide to management to take remedial action and future
decisions".
5.5 Implementation of Remedial Action
According to Slabbert et al (1998: 23-24) remedial action can directly follow
the continuous surveys or intensive investigation. Remedial action is the
last step in the monitoring and auditing process. The success of the
monitoring and auditing process depends largely on the implementation of
remedial action. It is important that action plan with target date for the
implementation should be drawn up. This action plan can be used by top
management as a basis for controlling implementation of the various action
steps.
5.6 Conclusion
In order to compete with world class organizations, South African
companies need to constantly and continuously improve the way they
operate. They also need to put employment relations management at the
centre of their organisational competitiveness. The quality of employment
relations should therefore be viewed and dealt with as an integral part of
organisational management.
46
CHAPTER 6
INVESTIGATION
6.1 Introduction
In Chapters 2, 3, 4 and 5 a literature study was done regarding historical
development of private prisons in South Africa, the modern and current state
of South African private prisons, privatization in overseas countries and in
South Africa, and theoretical perspectives on employment management
relations audit. This chapter will focus more attention on analysis and
interpretation of data that was gathered after distributing :questionnaires to
management staff and employees for Kutama Sinthumule Private Prison.
6.2 Sample used during the research
A sample for the research project was drawn by the Human Resource
Manager at Kutama Sinthumule Maximum Security Prison. The respondents
were selected by means of probability sampling for the research project.
Grinnell (1993: 156) states that in probability sampling every member of the
population has equal chance of being included in the sample.
Although a subset of the population; the sample must have properties which
make it representative of the whole.
The sample of hundred and fifty respondents was drawn from a total
population of five hundred (500) employees. The respondents were drawn
in terms of their availability in their sections, due to the fact that employees
work different shifts.
The researcher used probability sampling in that each employee in the
population has the same probability of being selected. According to De Vos
(2002: 205) stratified random sampling is suitable for heterogeneous
populations because the inclusion of small subgroups percentage-wise can
be ensured. Stratetization consists of the universe being divided into a
number of strata that are mutually exclusive, and the members of which are
homogeneous with regards to some characteristics such as gender, home
language or age. The researcher divided his population in occupational
47
class, race and gender mainly to ensure that the different groups or
segments of a population acquire sufficient representation in the sample.
6.2.1 Representative sample
One of the major issues in sampling is to determine samples that best
represent a population so as to allow for an accurate generalization of
results, such a group is called a representative sample. The first means of
ensuring a representative sample is the use of a complete and correct
sampling frame. This is the list of all units from which the sample is to be
drawn.
Sampling, according to Kerlinger (1986) in As de Vos et al (1999 — 2002)
means taking any portion of a population or universe as representative of
that population or universe. This definition does not say that the sample
taken, or drawn as researchers say, is in fact representative. It is important
to understand the concept of representativeness and its relationship to
generalisability. We can only generalize the findings of a study when we can
assume that what we observed in the sample of subjects would also be
observed in any other group of subjects from the population.
6.2.2 Sample analysis of Management
The sample consisted of 47 representatives of Management from a total of
119 Managers. The sample of Management included Prison Director, Unit
Managers, Social Workers, Educationists, Health Workers, etc.
Race
POPULATION GROUPING
NUMBER
AFRICAN 37
COLOURED 0
INDIAN 1
WHITE 9
TOTAL 47
Table 1: Racial Grouping
48
Gender
GENDER NUMBER
MALE 35
FEMALE 12
TOTAL 47
Table 2: Gender
Age
AGE NUMBER
18 = 24 YEARS 0
25 — 34 YEARS 7
35 — 44 YEARS 25
45 — 54 YEARS 14
55 YEARS AND OLDER 1
TOTAL 47
Table 3: Age
Highest Academic Qualification
NUMBER
MATRIC 0
DIPLOMA 22
B degree 15
HONOURS 8
MASTERS 2
PHD 0
TOTAL 47
Table 4: Highest academic qualification
49
Current position
CURRENT POSITION SAMPLE
POPULATION PERCENTAGE
PRISON DIRECTOR 1
HUMAN RESOURCE MANAGER 1
UNIT MANAGER 20
HEALTH WORKER 10
PSYCHOLOGIST 2
EDUCATIONIST 13
TOTAL 47
Table 6: Current position
Affiliations
AFFILIATIONS NUMBER
TRADE UNION 0
COMMUNITY ORGANIZATION
0
NGO 0
NON-AFFILIATION 47
TOTAL 47
Table 7: Affiliations
6.2.3 Demographic details of employees
The sample consists of 103 employees who included both males and
females of Kutama Sinthumule Private Prison from the total population of
325 employees.
Race
POPULATION GROUPING
NUMBER
AFRICAN 82
COLOURED 3
INDIAN 0
WHITE 18
TOTAL 103
Table 8: Racial grouping
50
Gender
GENDER NUMBER
MALE 70
FEMALE 33
TOTAL 103
Table 9: Gender
Highest Academic Qualification
HIGHEST ACADEMIC QUALIFICATION
NUMBER
MATRIC 57
DIPLOMA 29
BA 15
HONOURS
MASTERS 0
PHD 0
TOTAL 103
Table 10: Highest academic qualification
Are you facilitated to the following organizations?
AFFILIATIONS NUMBER
POLITICAL ORGANIZATION
10
TRADE UNIONS 0
COMMUNITY ORGANIZATION
32
NGO 0
NON-AFFILIATION 61
TOTAL 103
Table 11: Applications
6.3 Measuring instrument used during research
Open-ended questions were asked to make it easier for respondents to
answer. The questionnaires were accompanied by a covering letter
51
explaining the purpose and importance of the survey. See Annexures A
and B for the questionnaires used.
6.4 Application of questionnaire
The information was obtained from some of the respondents who completed
questionnaires at their workplace. Other respondents were given an
opportunity to fill out the questionnaires at their homes. A Human Resource
Manager collected the questionnaires on behalf of the researcher. A total of
one hundred and fifty.(150) questionnaires were distributed to respondents.
52
CHAPTER 7
RESULTS
7 RESPONSES GIVEN BY MANAGEMENT STAFF
The researcher personally scheduled appointments with the Human
Resource Manager, Prison Director and Work Council Chairperson
individually.
7.1 Response by Prison Director
Questions were put on the following issues:
How many warnings are given to the employees before a
disciplinary hearing can take place?
The employee is given verbal, written warning and final written
warning before he/she can appear in a disciplinary hearing. These
warnings will take between six to twelve months in operation.
Does the Presiding Officer consider the nature of the offence
before any punishment is meted out?
The Presiding Officer considers the nature of the offence, e.g. gross
negligence, absenteeism and gross insubordinations are dismissible
offences.
Is the disciplinary and grievance procedure accessible?
It is evident that every employee is furnished with disciplinary and
grievance procedure manuals at training. Presiding and Disciplinary
Officials undergo external courses to equip themselves with skills for
handling disciplinary hearings. The disciplinary process is corrective
in nature. Grievance takes about fourteen (14) working days for
finalization.
53
How do you prevent nepotism in terms of appointments?
An external company called Fidelity Services is an appointment agent for
SACM. In selection an applicant's place of resident is considered, whereby
preference is given to applicants who stay within a 90-kilometres radius of
Kutama Sinthumule (Louis Trichardt). Management also considers the
objectives of the Government such as to promote and empower local
communities.
How do you assist employees with regards to drug and alcohol
abuse?
Employee Assistance Programme renders services to employees who have
the history of alcohol and drug abuse. Senior Psychologist and human
resource personnel are involved in such programmes. SACM Management is
very strict with regards to alcohol abuse in that anytime employees can be
summoned for alcohol tests at short notice.
Does your company comply with the Labour Relations Act and
Basic Conditions of Employment Act since there are no Unions
operating in your Prison?
The Department of Correctional Services has controllers who always
see to it that the working environment complies with applicable
legislations in the country. The human resource section implements
policies which are in line with the Basic Conditions of Employment
Act, Labour Relations Act, Skills Development Act, etc.
Have your company been approached by Poperu or any other
labour movement for recognition?
No Union has approached the company for recognition but however, it
is also important for Management to have a sound relationship with
the Union in the organization.
54
(h) Is the Work Council fully representative of all employees?
Work Council represents all employees regardless of ethnic group or
race.
How do you prevent cultural and ethnic intolerance amongst
your employees?
SACM policies prohibit discrimination based on race, culture, sex,
ethnicity, etc.
Is there any transport for employees working night shift?
SACM does not provide transport for employees.
Does your leave include family responsibility leave?
Employees are offered three (3) days compassionate leave if they lost
a member of their family or their family member is sick.
(I) Do you think it is essential to refuse employees permission to
leave the premises during lunch time?
Yes.
Does your company recognize employee's qualifications on
appointment?
SACM only recognize a degree if it is a requirement for a specific
position.
How often do you evaluate the employee's performance?
55
There is a three (3) months assessment period or quarterly for
development purposes. After twelve (12) months an employee is
assessed so as to qualify for an award or notch promotion.
What kind of benefits is offered to employees?
SACM package includes benefits for medical scheme, and housing
allowance which is paid as part of salary.
Is your Management Team accessible?
- Management visits personnel sections every week.
7.2 Response by Chairperson of Work Council
The following questions were asked:
Is your Council informed of disciplinary hearings in time?
Work Council is not informed in time about pending disciplinary
hearings.
Are the disciplinary procedure and grievance manuals
accessible to your members?
Every employee is in possession of disciplinary procedure and
grievance manuals.
How many warnings are given before a disciplinary hearing can
take place?
Often employees are not given warnings before they appear in
disciplinary hearings. It is common that employees are summoned to
appear at disciplinary hearings without being given formal or informal
warnings.
56
Are you well trained for handling a disciplinary process?
Work Council Committee is not well trained to represent employees in
disciplinary hearings.
How is nepotism prevented in SACM?
Work Council pressurizes Management to advertise positions
internally.
Does your company's policy provide for study leave?
No study leave is provided by Management.
Does policy provide for family responsibility leave?
Policy provides for three (3) days for family responsibility and four (4)
months maternity leave.
7.3 Response by Human Resource Manager
Questions were put on the following issues:
Number of employees who left the service for the past twelve
months
Sixty three (63) employees left service.
Number of absentees for the past twelve (12) months
Seventy three (73) employees absented themselves from duty.
Number of grievances reported for the past twelve (12) months
Only two (2) grievances were registered.
57
Number of disciplinary steps taken in the past twelve (12)
months
Thirty five (35) disciplinary steps were taken.
Number of strikes that occurred in the past twelve (12) months
Only one (1) strike took place.
Number of Trade Union activities that took place in the past
twelve (12) months
No Trade Union activities took place.
7.4 Response of Managers by questionnaire
The following questions were distributed to Managers for their response
(See attached Annexure A).
Question 11
Which of the following statements best capture your general view of the
appropriate relationship between the Trade Union and SACM on major
socio-economic issues? (Circle the most appropriate answer)
FREQUENCY
SACM should consult Trade Unions 20
SACM should consider views of Trade Unions 10
SACM should consult Trade Unions on policy issues 5
Other: Specify 12
TOTAL 47
Table 2.1: Relationship between Trade Unions and SACM
58
Table 2.1 shows that 20 out of 47 respondents say SACM should consult with
Trade Unions, whereas 5 out of 47 says SACM should consult with Trade
Unions only on policy issues.
Question .12
Which of the following statements best capture your view on freedom of
association? (Circle the appropriate answer)
FREQUENCY
SACM should allow employees to join or form Trade Union of their own choice
5
SACM should allow employees to join and participate in the activities of the Work Council
30
SACM should not recognize any Labour Organizations 12
Other: Specify 0
TOTAL 47
Table 2.2: Freedom of association
Table 2.2 represents question 12 which captures freedom of association. It
shows that 30 out of 47 respondents says that SACM should allow employees
to join and participate in the activities of Work Council whilst 12 out 47
respondents says SACM should not recognize any Labour Organizations.
Question 13
How would you generally characterize your current job? (Circle the most
appropriate answer)
FREQUENCY
Policy orientated 4
Service orientated 15
Support orientated 28
59
TOTAL
47
Table 3.3: Categorization of current job
Table 3.3 shows that 28 out of 47 Managers current job is support
orientated.
Question 14
How important is the following factors in your capacity to discipline your
subordinates?
YES NO
Disciplinary procedures are cumbersome to administrate
42
5
You are not familiar with the rules for imposing discipline
44 3
You feel the authority is not respected by your subordinates
2
45
The results of discipline take too long in coming 0 47
Disciplinary procedures cause too much conflict 0 47
Other: Specify 0 0
TOTAL 47
Table 3.4 shows that all the respondents agree that disciplinary procedures do
not cause conflict and 44 out of 47 respondents are not familiar with the rules.
Question 15
As a Senior Manager, if you feel constrained by existing rules or regulations,
what do you generally do? (Circle the appropriate answer)
Ignore the rules or regulations 0
Try to negotiate your way around the rules or regulations
10
Try to change the rules or regulations 0
60
Submit to change the rules and regulations 37
TOTAL 47
Table 3.5: Responses of respondents to existing rules
Table 3.5 shows that 37 out of 47 respondents submit to change the rules
whilst 10 out of 47 try to negotiate their way around the rules and
regulations.
Question 16
How often do you have to manage conflict amongst your employees?
VERY OFTEN
OFTEN VERY
SELDOM NEVER TOTAL
3 25 17 2 47
Table 3.6: Views of respondents on conflict management
Table 3.6 shows that 25 out of 47 respondents often manage conflict
amongst their employees whilst 2 out of 47 do not manage any conflict
among their employees.
Question 17
How often do the following statements cause problems in your company?
OFTEN SOMETIMES NEVER TOTAL
Ethnic differences 40 5 2 47 Sexual harassment 5 15 27 47 Cultural differences 40 5 2 47 Racial differences 6 4 37 47 Political differences 30 10 7 47 Gender differences 28 12 7 47 Personality conflict ' 40 4 3 47 Access to resource 40 4 3 47 Access to information 43 3 1 47 Different policy position 20 12 15 47
61
Poor performance 2 6 39 47 Table 3.7: Respondents opinion about organizational problems
Table 3.7 clearly shows that access to information and cultural differences
are problems in that 40 out of 47 respondents often regard cultural
differences as a problem and 43 out of 47 says that they often do not have
access to information. Gender difference is also serious.
Question 18
How would you rank the following attributes of Managers?
GOOD AVERAGE POOR TOTAL
Efficiency 47 0 0 47
Time Management 29 11 7 47
Projects Management 15 25 7 47
Communication skills 42 5 0 47
Commitment to complete task
20 25 2
47
Technical knowledge 22 20 5 47
Financial Management 47 0 0 47
Capacity to motivate subordinates
34 6 7
47
Conflict resolution skills 0 33 14 47
Initiatives 30 12 5 47
Experience 20 17 10 47
Commitment to redress social inequality
0 10 37
47
Table 3.8: Respondents attributes to Managers
Question 19
Have you personally experienced any incident of overt discrimination as a
Senior Manager in SACM?
YES NO TOTAL
Disability 0 47 47
Race 4 43 47
62
Gender 8 39 47
Religion 0 47 47
Ethnicity 34 13 47
Table 3.9: Views of respondents with regard to discrimination
Question 20
In practice, what are three (3) most important factors for promotion in
SACM?
NUMBER
Advancing transformation 0
Affirmative Action 0
Innovative Management 42
Making no mistakes 5
Table 3.10: Opinions of respondents regarding promotions
Table 3.10 shows that 42 out of 47 respondents say that you have to be
innovative in order to be considered for promotion. Making no mistakes was
mentioned by 5 respondents.
Question 21
Which of the following statements do you think best describe Management
style in SACM?
NUMBER
Senior Manager make decisions and then inform their subordinates
43
Senior Managers consult with their subordinates before making decisions
2
Senior Managers involve their subordinates in decision-making
2
TOTAL 47
Table 4.1: Views of respondents concerning decision-making
63
Table 4.1 shows that 43 out of 47 respondents feel that Management does not
consult with subordinates before taking decisions.
Question 22
What is your response to the following statements about corruption in
SACM?
AGREE DISAGREE
Corruption is mostly inherited from the previous regime
7 40
SACM takes effective steps to prevent corruption 44 3
Corrupt officials are dealt with accordingly 42 5
Corruption is prevalent in SACM 0 47
TOTAL 47 47
Table 4.2: Opinions of respondents regarding corruption
It is evident that most respondents agree corruption is not prevalent in
SACM.
Question 23
What is your perception on the following?
Policy on Affirmative Action is clearly
communicated to subordinates 4
There is no racial discrimination 23
There is no gender representivity 20
TOTAL 47
Table 4.3: Perception on Policy
Table 4.3 shows that all respondents agrees that there is no policy on
Affirmative Action.
64
Question 24
State the actual number of disciplinary actions taken against employees in
the previous twelve (12) months?
Disciplinary actions taken
35
Table 4.4: Represents disciplinary actions taken
Table 4.4 shows that 35 disciplinary actions against employees have been
instituted.
7.5 Response of employees by questionnaire
The following questions were distributed to employees for their response
(See attached Annexure B):
Question 7
How would you rank the following attributes of Human Resource
Management in your organization?
GOOD POOR
Employees are correctly placed in their positions 52 51
Appraisal process is accurately assessing performance
41 62
TOTAL 103
Table 5.1: Respondent's views regarding attributes of Human Resource
Management
Question 8
How often do the following processes take place at SACM? (Circle the
correct answer)
65
ALWAYS OFTEN NEVER
Performance is driven by rewards 3 30 70
Training and career planning drive performance
0 3 100
Performance appraisal provides an objective overview of my colleagues performance
0 12 91
Performance appraisal helps to identify my training needs
0 40 63
Performance appraisal assists my career development and planning
0 33 70
Results of my assessment is fair and objective
12 30 61
Restructuring is not used as a disciplinary process
0 0 103
TOTAL 103
Table 5.2: Respondents views on merit assessment
Table 5.2 represents question 8 with regards to merit and performance
appraisal. It shows that 70 out of 103 respondents feel that performance is
not reward-driven.
Question 9
How would you rate the situations in your company? (Circle the correct
answer)
YES NO
Our human resource policies are consistent and fair
70 33
My salary is sufficient to maintain my family 20 83
Our Selection Panel is doing a fine job 80 23
TOTAL 103
Table 5.3: Views of respondents on policies and remuneration
Table 5.3 shows that 70 out of 103 respondents agree that their human
resource policies are good and 80 out of 103 also feels that their Selection
Panel is doing a fine job.
66
Question 10
Do you consider yourself to be adequately trained for your job? (Circle the
correct answer)
YES NO PARTIALLY TOTAL
61 0 42 103 Table 5.4: Views of respondents on training
Table 5.4 shows that 61 out of 103 respondents agree that they are trained
adequately for their current job.
Question 11
What is the most important factor that enabled you to adapt to your current
job?
Learning from my mistakes 2
Studying the rules and regulations 51
My colleagues shared with me important information during working hours
20
Brainstorming with my peers after hours 1
Formal orientation and induction 29
Others: Specify 0
TOTAL 103
Table 5.5: Respondents' opinion regarding their adaptation to work
Table 5.5 shows that 51 out of 103 respondents are conversant with rules
and regulations which help them to adapt to their current job.
Question 12
Have you personally experienced any incident of overt discrimination in
SACM?
YES NO TOTAL
83 20 103
67
Table 5.6: Perception of respondents regarding discrimination
Table 5.6 shows that 83 out of 103 respondents feels that there is
discrimination at SACM.
Question 13
If yes on question 12, circle the basis of discrimination?
Disability 0
Race 2
Gender 21
Religion 0
Ethnicity 57
Other: Specify culture 3
TOTAL 83
Table 5.7: Respondents view on discrimination
Table 5.7 shows that 57 out of 83 respondents feel that there is ethnic
discrimination.
Question 14
What are the most important factors considered for promotion in your
company?
Advancing transformation 0
Affirmative Action 0
Innovative Management 0
Nepotism 15
Performing your job to your Supervisors' satisfaction
88
TOTAL 103
Table 5.8: Respondents views on promotions
Table 5.8 shows that 88 respondents out of 103 belief that your performance
have to satisfy your Supervisor before you can be promoted.
68
Question 15
How satisfied are you with the following?
SATISFIED DISSATISFIED
The way employees resign from the service 29 74
The manner in which Management involves employees in decision-making
5 98
The way in which grievances are handled 30 73
The manner in which disciplinary process is applied
44 59
The-positive impact of Work Council on Management
12 91
Contribution of Work Council to bilateral meetings
63 40
No recognized Trade Unions operates in your institution
12 91
The way in which benefits are distributed 34 69
TOTAL 103
Table 6.1: Level of satisfaction of respondents
Table 6.1 shows that 98 out of 103 respondents are not satisfied with the
manner in which Management excludes employees in decision-making.
Question 16
Are you allowed freedorii of association?
YES
NO
2
101 Table 6.2: Degree of freedom of association
Table 6.2 shows that 101 out of 103 respondents agree that there is no
freedom of association.
69
Question 17
Is there any dispute resolution mechanisms?
YES
NO
3
100 Table 6.3: Respondents' views on dispute mechanisms
Table 6.3 shows 100 out of 103 respondents agree that there is no dispute
resolution mechanism.
Question 18
If yes, what type of dispute resolution mechanism? Please specify.
Three out 103 respondents described CCMA as a dispute resolution
mechanism.
Question 19
Do these policies exist in SACM?
• YES NO
Gender equity 0 103 Affirmative Action 0 103 Employee Assistance Programme 78 25
TOTAL 103
Table 6.5: Views of respondents to the existing policies
Table 6.5 shows that all respondents agree that there is no policy on gender
equity and Affirmative Action but however, 78 out of 103 agrees that there is
policy on Employee Assistance Programme.
Question 20
Which of the following best describe the Management style in Kutama
Sinthumule Private Prison?
70
Senior Managers make decisions and then inform their employees
98
Senior Managers consult with employees before making decisions
0
Senior Managers share decisions taken with their employees
5
TOTAL 103
Table 7.1: Perception of respondents on the Management style of SACM
Table 7.1 shows that 98 out of 103 agree that Management takes unilateral
decisions.
Question 21
What are your responses to the following statements about working
conditions in SACM?
AGREE DISAGREE
I do not feel free to talk in meetings in the presence of my Seniors
60 43
I have an important role to play in making key decisions in the company
9 94
I don't feel free to challenge my Seniors' views 93 10
I accomplished worthwhile things but overall the job is pointless
0 103
My salary is equivalent to the job I do 10 93
Racial differences affects effective functioning in my section
81 22
If I am offered a lucrative package somewhere I will leave SACM
77 26
TOTAL 103
Table 7.2: Views of respondents on the working conditions
Table 7.2 shows that 94 out of 103 do not agree that they have important
roles to play in making key decisions in their organization, whilst 77 out of
103 agrees that they will resign if offered a lucrative package somewhere
else.
71
Question 22
What is your response to the following statements about corruption in
SACM?
AGREE DISAGREE
Corrupt officials are dealt with accordingly 100 3
Corruption is not common in SACM 100 3
Ex-members of DCS adapted quickly to the changes in SACM
90 13
Senior officials of DCS are given preferential treatment regarding high positions
91 12
Former DCS employees hold too much power 91 12
TOTAL 103
Table 7.3: Views of respondents on corruption
Table 7.3 shows that 100 out of 103 respondents agree that corruption is not
prevalent in SACM, but however 91 out of 103 agrees that former DCS
officials are given preferential treatment in appointment for high positions.
Question 23
How should conditions of service in SACM be determined?
By central agreement 60
By agreement in a Management Bargaining Council
43
On individual basis 0
TOTAL 103
Table 7.4: Determination of service conditions
Table 7.4 shows that 60 out of 103 respondents agree that service
conditions should be determined by central agreement.
72
CHAPTER 8
8. INTERPRETATION
The questionnaires of which copies are enclosed as "Annexures A and B"
are the following point of discussion for interpretation purposes. Since the
population consisted of only 150 respondents from population of 503,
references will be made to numbers such as "5 out of 47" when data is
presented and percentages will be made available where necessary.
8.1 Management responses
Relationship between Trade Union and SACM on major socio-
economic issues (Question 11)
Table 2.1 shows that 20 out of 47 respondents regard consultation
with Trade Unions to be very important especially when it comes to
issues which need consensus between employers and employees.
The researcher agrees that Trade Unions should operate and take
part in major socio-economic issues which affects employees and
the country at large.
Freedom of association (Question 12)
Table 2.2 shows that 30 out of 47 respondents favour the existing
relationship with Work Council, thus they prefer SACM not to allow
employees to join Trade Unions.
The researcher believes that an employee has the fundamental right
to participate in forming a trade union or union federation or to join a
trade union, of his/her choice.
73
Job categorization (Question 13)
Table 3.3 shows that 28 out of 47 Managers' current job is support
orientated.
Importance of discipline (Question 14)
Table 3.4 shows that all respondents agrees that disciplinary
procedures do not,cause conflicts, and 44 out of 47 respondents are
not familiar with the rules.
The researcher generally accepts that the employer has the right to
maintain and enforce discipline in the workplace. The right has its
own origin in the common law, more particularly in the Contract of
Employment. The right to discipline is a term which is implied by the
law in the contract of employment. In general discipline must be
based on the concept of progressive discipline. This means
employees must know and understand what behaviour is required
from them (Basson et al; 2000: 70 — 71).
Constrains of existing rules (Question 15)
Table 3.5 shows that 30 out of 47 respondents always comply with
the rules. The researcher agrees to a limited extent with
respondents. However, rules must not be rigid, but flexible.
Respondents should apply their discretion in the implementation
rules.
Conflict Management (Question 16)
Table 3.6 shows that 25 out of 47 respondents often manage
conflict amongst their subordinates. The researcher will
substantiate this response when interpreting table 3.7 below.
74
Organizational problems (Question 17)
Table 3.7 shows that 40 out of 47 respondents regard cultural
differences as a problem and also 43 out of 47 says that they don't
have access to information.
It is clear that conflict management is often regarded as a problem
at Kutama Sinthumule, which is created by ethnic and cultural
differences.
The researcher agrees that such problems regarding cultural
differences might arise especially for those respondents who are not
originating from the Limpopo Province. It is clear that the
recruitment is focused within the community of Limpopo which
includes Makadu, Venda and Polokwane communities. Such
communities are known to uphold their culture.
Manager's attributes (Question 18)
Table 3.8 shows that Managers are efficient in financial
management since 47 out of 47 say they are good in efficiency and
financial management. Managers are also ranked high concerning
communication skills. Substantial room for improvement was
mentioned regarding time management, project management,
commitment to complete tasks, technical knowledge, capacity to
motivate employees, conflict resolution skills, initiatives experience
and commitment to repress special activity.
Experiences with regards to discrimination (Question 19)
Table 3.9 shows that 34 out of 47 respondents agree that there is
ethnic discrimination at Kutama Sinthumule whilst 47 out of 47
respondents agree that disabled employees are not discriminated
against and there is no discrimination with respect to religion. There
is to a lesser extent discrimination regarding race and gender.
75
Table 3.9 shows that 34 out of 47 respondents agreed that there is
ethnic discrimination at Kutama Sinthumule whilst 47 out 47
respondents agree that the disabled are not discriminated against.
Conditions of promotion (Question 20)
Table 3.10 shows that 42 out of 47 respondents say that you have
to be innovative in order to be considered for promotion.
Management style (Question 21)
Table 4.1 shows that 45 out of 47 respondents feel that
Management does not consult with subordinates before taking
decisions.
The researcher feels that Management is taking unilateral decisions.
Corruption (Question 22)
Table 4.2 show that most respondents agree that corruption is not
prevalent in SACM and that corrupt officials are dealt with
accordingly.
The researcher also agrees that there is no case of corruption
reported at SACM. The researcher also observed that SACM is
serious in combating corruption since it might cost them their
contract with DCS.
Current policies (Question 23)
Table 4.3 shows that all respondents agree that there is no policy on
Affirmative Action and that there is no gender representivity. Most
experience there is no racial discrimination.
76
(14) Disciplinary actions (Question 24)
Table 4.4 shows that 35 disciplinary actions against employees
have been instituted in the last twelve (12) months in the
Organization.
8.2 Employee responses to questionnaire
Human Resource attributes (Annexure B, Question 7)
Table 5.1 shows that about 50% or more of the respondents are of
the opinion that employees are not correctly placed in their positions
and the appraisal process is not accurately assessing performance.
Performance assessment (Question 8)
Table 5.2 shows that 70 out of 103 feel that performance is never
reward driven. Almost 100 out of 103 think that training and career
planning does not enhance their performance. Ninety-one out of
one hundred and three respondents feel that performance appraisal
does not provide an objective overview of their performance. While
70 out of 103 respondents feel that performance appraisal does not
help in identifying and developing their career. Lastly, 61 out of 103
respondents feel that results are not fair and objective.
The main conclusion is that the present performance appraisal
system in use is grossly ineffective.
Human Resource Policies (Question 9)
Table 5.3 shows that 70 out of 103 respondents belief that their
human resource policies are good and consistent, whilst 80 of 103
respondents also feel that their selection panel is doing a fine job.
77
However, 83 respondents out of 103 are dissatisfied with their salary
package.
Training development (Question 10)
Table 5.4 shows that 61 out of 103 respondents agree that they are
trained adequately for their current job — 42 are only partially
satisfied.
Adaptation to current jobs (Question 11)
Table 5.5 shows that 51 out of 103 respondents learned their work
through rules and regulations. They are conversant with the
regulations which make it easy for them to adapt to their current job.
The second factor which assists them is through formal induction
and orientation and third sharing information by colleagues.
Discrimination (Question 12)
Table 5.6 shows that 83 out of 103 respondents feel that there is
discrimination at SACM.
Type of discrimination (Question 13)
Table 5.7 shows that 80 out of 103 respondents feel that there is
ethnic discrimination while 16 out of 103 specifies gender
discrimination as the problem.
Conditions for promotion (Question 14)
Table 5.8 shows that 83 out of 103 respondents agree that
promotion should be based on excellent performance. 15
Mentioned that nepotism also plays a role in this regard.
78
Employee satisfaction (Question 15)
Table 6.1 shows that 74 out of 103 respondents are not satisfied
with the way their colleagues resign from service. Ninety-eight out
of hundred and three respondents feel that they are not participating
in decision-making. Seventy-three out of one hundred and three are
dissatisfied with the way in which grievances are handled. Fifty-nine
out of hundred and three respondents are not satisfied with the
disciplinary process. Ninety-one out of one hundred and three
respondents are not satisfied with the impact of the Work Council on
management and the fact that there is no recognized trade union
operating in SACM was mentioned by all people. Sixty-nine out of
hundred and three respondents are not satisfied with the way
benefits are distributed.
It is noticeable that great dissatisfaction exists amongst employees
regarding a range of factors.
Freedom of association (Question 16)
Table 6.2 shows that 101 out of 103 respondents agree that there is
no freedom of association.
The researcher must emphasize however that employees are not
expressly forbidden from associating freely.
Dispute mechanism (Question 17)
Table 6.3 shows that 100 out of 103 respondents agree that there is
no dispute resolution mechanism.
The researcher must indicate that the Work Council should be
considered as a form of dispute resolution mechanism.
79
(12) Type of dispute resolution mechanism (Question 18)
Three out hun'dred and three respondents clearly understood and
described dispute resolution mechanism as COMA.
Employee relations policies (Question 19)
Table 6.5 shows that all respondents agree that there is no gender
equity and Affirmative Action Policies. Respondents are however
mostly aware of the employee assistance programmes in SACM.
Management style (Question 20)
Table 7.1 shows that 98 out of 103 respondents feel that
Management do not involve them in decision-making.
Working conditions (Question 21)
Table 7.2 shows that 94 out of 103 do not agree that they have
important roles to play in making key decisions in their organization
whilst 77 out of 103 agree that they will resign if offered a lucrative
offer somewhere else. It is evident that 93 out of 103 respondents
do not feel free to challenge decisions of their Supervisors.
The majority are of the opinion that their salary is not equivalent to
the jobs they do and that racial differences affect effective
functioning in their work.
Corruption (Question 22)
Table 7.3 shows that 100 out of 103 respondents agree that
corruption is not prevalent in SACM, but that 91 out of 103 agrees
that former DCS officials are given preferential treatment in
appointment for high positions and that 91 are of the opinion that
former DCS employees hold too much power.
80
(17) Collective bargaining (Question 23)
Table 7.4 shows that 60 out of 103 respondents agree that service
conditions should be determined by central agreement. A
substantial number (43) agree that this should be negotiated at
Bargain Council level.
81
CHAPTER 9
CONCLUSIONS AND RECOMMENDATIONS OF EMPLOYMENT RELATIONS
MANAGEMENT AUDIT CONDUCTED IN KUTAMA SINTHUMULE PRIVATE
PRISON
9.1 Introduction
Chapters 6, 7 and 8 have dealt extensively with the presentation and
interpretation of the empirical data. This chapter will concentrate on the
main conclusions and recommendations.
9.2 Aim of the study
The aim of the study was to determine employee's attitudes, opinions,
expectations and perceptions with regard to various factors relating to the
employment relationship and which can influence the quality of employment
relations.
9.3 Objectives of the study
The main objectives of the study were the following:
Describe the employee's attitude towards South African's Private
Prison.
Determine whether employment relation management processes and
procedures are effectively applied within the Private Prison.
Evaluate whether there are discrepancies in the application of the
employment relations process and procedures which may have a
negative impact on the functioning of employees in the Private Prison.
The first objective was realized in Chapters 6, 7 and 8 of this study where the
employees' attitudes towards Kutama Sinthumule Private Prison were clearly
established. It was shown in that chapter that the employee's morale is
generally low and they are dissatisfied with the existing manner in which
82
employee relations are managed. It is however important to acknowledge that
employees are not intending to leave the Private Prison so as to pursue their
careers elsewhere.
The second objective could only be partly realized. At the outset the
researcher was informed by the Chairperson of the Work Council that
employment relations policy, processes and procedures are applicable on
paper, but however not effectively applied within the Private Prison. It was
evident that management does not consult the Work Council or employees
in matters which affect them but only inform them about decisions taken
(See Table 4.1).
The third objective, mainly to evaluate whether there are discrepancies in the
application of the management processes and procedures, which may have
a negative impact on the functioning of employees in the Private Prison, was
realized completely although the sample was very small.
A comprehensive audit of the employment relations management was
conducted and the following conclusions can be drawn:
9.4 Conclusion of the research findings
There is an urgent need for the recognition of a trade union which will
operate in SACM, based on the wishes of the employees and judged from
the autocratic management style of management.
9.4.1 The existing Work Council does not fulfill the needs of employees and it is
not possible to influence any management decisions substantially which are
to be taken, because of the following:
The current bilateral meetings between the work council and
management do not have the effect of concluding and binding
resolutions such as the case of bargaining council.
The work council does not have the muscle to call any protected
strike since there is no dispute resolution mechanism (See Table 6.3).
83
The work council does not have the capacity to represent employees
in disciplinary hearings and grievance process properly, since they
are not informed on time about pending disciplinary hearings and they
are not effectively trained to represent employees in disciplinary
processes (See paragraph 6.4.1.2 a and b).
The Work Council does not participate in the selection process or new
appointments.
Grievance and disciplinary cases are not conducted in a fair manner
(See Table 6.1).
9.5 Discrepancies in management procedure
There is a need for management to introduce policies and procedures on
gender equity and affirmative action. Females are not well represented in the
senior management. Appointments are not in line with affirmative action
policies in our country. It was also observed that there is a serious need to
deal with ethnic discrimination so as to avoid demoralization of employees
when performing their duties (See Table 5.7). Employees are not satisfied
with their remuneration (See Table 7.2), performance appraisal systems and
promotions (See Tables 5.2 and 5.8).
9.6 Brief summary of an audit
It appears from the audit that disciplinary and grievance procedure manuals
and policies on Code of Conduct are in place. However, serious
shortcomings exist especially in terms of performance appraisal, training and
development, remuneration packages, representation and decision-making.
In order to sustain good employee relations, management should urgently
attend to these problems.
9.7 Recommendations
Based on the findings of the audit the following recommendations are made:
84
9.7.1 Equity and discrimination
There is a need for Management to formulate policies on gender equity and
affirmative action. It is evident that the staff structures at Kutama Sinthumule
are not representative of the diverse population of the Private Prison.
Females are not well represented in the Senior Management. Bring
appointments in line with affirmative action Policies in our country. Deal with
ethnic discrimination so as to avoid demoralization of employees when
performing their duties (See Table 5.7).
9.8 Work Council
In the absence of union, the work council should have a stake in
management of SACM.
The work council should participate in recommendations regarding
appointments and in promotions.
The work council should be used as a mechanism towards more
participative management.
The work council should contribute towards decision-making in
achieving organizational goals and objectives and should not simply
be a rubberstamp of management decisions.
The purpose and functions of the work council should be properly
formulated and endorsed by management.
Work council members should keep employees informed of decisions
taken on the work council and by management.
Work council members should be properly trained by SACM.
85
9.9 Personnel policies and procedures
Personnel policies and procedures must be communicated to
employees regularly so that they can apply it correctly and avoid
confusion.
Personnel policies and procedures are often vague, incomplete or do
not exist at all. It is hereby recommended that personnel policies and
procedures should all be revised in order to be clear and transparent
to everyone.
_ The present organizational structure does not provide ample
promotional opportunities on higher levels.
It is recommended that all personnel policies and procedures must be
provided to Unit Managers for discussion with their personnel.
9.10 Employee relations
Managers and supervisors need extensive training in employee
relations in order to be able to maintain labour peace
Labour relations module must form part of the curriculum at training
colleges.
It is important for employees to know their rights at the work place.
There is a need for full time Shop Stewards to produce constructive
and sound labour relations between Management and the Work
Council.
Make employees and the work council members conversant with the
disciplinary and grievance procedure manuals.
86
9.11 Management style
Management must give employees the opportunity to participate in
decision-making. The current autocratic management strategy should
be rectified.
Management by objective (MBO) as a management strategy should
be considered.
9.12 Performance appraisal
A new system for performance appraisal should be developed.
Definite goals for a section must be set to be measured for
consideration. If the section performs according to those goals, they
must get merit awards, otherwise none of them should get.
9.13 Training and development
SACM should train and develop all employees in order for them to
perform their jobs properly. In this way they will be empowered with
skills relevant to their jobs.
Training management should be career orientated.
9.14 Human Resource
Although human resource policies are generally good, it is
recommended that it be utilized better to have a positive impact on
employment relations.
It is also recommended that employees must be accurately placed
and clear goals and standards be set regarding their performances.
Restructure systems of remuneration and promotion.
9.15 Conclusion
87
Throughout this study, the researcher emphasized the importance of
approaching and managing employment relations in a strategic way. The
global village has no place for poor performance organizations.
It can be concluded from the above exposition that the perception of the
employees of Kutama Sinthumule are negative regarding a number of issues
but the positive aspects in the relationship between employees and
management can carry this institution during the forthcoming period of
adapting to changes.
In the conclusion, it needs to be mentioned that SACM to survive, it needs to
continuously improve the way it operates. They have to be able to compete
with the "best". This quest for competitiveness in global economy is forcing
organization to seriously reconsider the way they manage their employees.
Strategic employment relations management at SACM should put the
employment relationships at the center of organizational competitiveness
(Slabbert et al, 23: 33). The quality of employment relations is therefore to
be viewed and dealt with as an integral part of general organizational
restructuring.
88
BIBLIOGRAPHY
Africa Watch Prison Project: Prison conditions in South Africa, 1994.
Annual Report of the Department of Correctional Services for the period 1
January 2001 to 31 March 2002.
Arguments for and against Private Prison contracting:
http://www.ucc.uconn.edu/ —www.soci/procons.htm/
Ary, D. Jacobs, L.L & Razavieh, L.E. 1985. Introduction to research in Education.
3 rd Edition. New York: Holt.
Basson, A. et al, 2000. Essential Labour Law Relations Act, Publications, South
Africa.
Botha, H., 2000. The Guide to the Labour Relations Act, Publications, South
Africa.
Cloete, M.G.T. & Steven, R., 1990: Criminology: Pretoria.
Logan, C.H., 1990. Private Prisons: Cons and Pros. New York: Oxford
University Press. Page 41 — 48.
Congress of South African Union, Volume 113, The Shop Steward, 2002.
Douglas McDonald, 1990: Private Prisons and the Public Interest. Rugters USA.
Fombrun, C.J., Tichy, N.M. & Devanna, M.A., 1984. Strategic Human Resource
Management. John Wiley & Sons, Inc. United States of America.
Geoffrey F Segal: Corporate Corrections: http://www.rppi.orq ./prison/
Goyer, K.C., 2000. Prison Privatization in South Africa. Institute for Security
Studies.
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Letchmiah, D., 2000. Maintaining Socio-Economic Objectives in Public Private
Partnership-A Case Study: Anderson Publishing Co., Cincinnati, USA
http://intranet.dcs.gov.za/APOPS
Matshego, B.J., 1991. The Role of the Prison Social Worker with Special
Reference to the Implementation of a Problem-solving Treatment Programme
for Juveniles at Odi Prison in Bophuthatswana: University of Bophuthatswana.
Moss, K.E., 1988: Writing Research Proposals. In R.M. Grinnel, Jr Social Work
Research and Education. 3 rd Edition. Itasca: E.F. Peacock Publisher, Inc.
Mouton, J. & Marais, C.H., 1988: Research Methodology: Basic Concepts in the
Methodology of Social Sciences: Pretoria: HSRC.
Nedbank ISS. Crime Index, Volume 5.
Nel, P.S., Gerber, P.D., Van Wyk, P.S., Haasbroek, G.D., Schultz, H.B., Sono, T. &
Werner, A., 2001. Human Resources Management, 5th Edition. Oxford University
Press, South Africa, Cape Town.
Neser, J.J., Cilliers, C.H., & Swart, D.N.1985. Guide 1 for PNL 100-C: Pretoria:
University of South Africa.
Pell, M. et al, 1985. Social Science Research Methods. African Handbook Nigeria
Publishers Services Ltd, Nigeria.
Rautenbach, F. and 1999. Liberating South African Labour from the Law: CTP
Book Printers, Cape Town.
Ring, C.R., 1987. Contracting for the Operation of Private Prisons (Pros and
Cons). College Park, American Correctional Association.
Slabbert, J.A., Prinsloo, J.J., Swanepoel, B.J. & Backer, W., 1998. Managing
Employment Relations in South Africa: Butterworth, Publishers, Cape Town.
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Trade Union Research Project, 30/06/2000
Van der Walt, P.J., Cronje, G., Smit, B.F., & Van der Westhuizen, T.1977.
Introduction to Criminology. Pretoria: University of South Africa
91
TABLE OF STATUTES
Basic Conditions of Employment Act, 1997 (Act number 75 of 1997).
Constitution of the Republic of South Africa, 1996 (Act number 108 of 1996).
Employment Equity Act, 1998 (Act number 55 of 1998).
Labour Relations Act, 1995 (Act number 66 of 1995).
Skills Development Act, 1998 (Act number 97 of 1998).
92
ANNEXURE A
QUESTIONNAIRE FOR MANAGEMENT: EMPLOYMENT RELATIONS MANAGEMNT AUDIT IN KUTAMA SINTHUMULE PRIVATE PRISON
This questionnaire is part of an independent research project. Please be assured that all your answers will remain anonymous. No names, or other ways of identifying individual respondents will be used in any version of the result of this audit. No one other than the researcher will have access to your questionnaire. After completing the questionnaire please return it to the researcher personally.
SECTION ONE: DEMOGRAPHICS
I would like to begin with a few demographic details
Please fill in the following information about yourself
Race
African Coloured Indian White 1 2 3 4
Gender
Male
Female 1
2
Education
Highest qualification Diploma/BA/MA/PHD Name of Institution Year of completion Course study
Did you have any formal management training prior to your appointment in the management position at Kutama Sinthumule Private Prison?
Circle the correct answer
Yes No 2 1
4. If yes; please specify.
'Degree Name of institution Year of completion
1
5. Did you have any management experience before taking your management job in Kutama Sinthumule ?(Circle the correct answer)
Yes
No 1
2
6. If yes, in section did you gain this experience? ( Circle the correct answer)
Business 1 Education 2 NG0' S 3 Community Organisation 4 Labour Movement 5 Other (please specify) 6
7. What is your current position?
8. What was your previous position in your past job? (Please circle the correct answer)
9. Were you an active member (i.e. held a leadership position of a political party; trade union; community organisation; or non-governmental organisation prior to joining Kutama Sinthumule Private Prison?
Yes No Political organisation 1 2 Community organisation 1 2 Trade union 1 2 Non-governmental organisation 1 2
10 Are you currently participating in the activities of a political party; trade union; community organisation; or non-governmental organisation?
Yes
No 1
2
2
SECTION TWO: PERSPECTIVE ON THE SACM AND DEVELOPMENT
In this section I would like to ask you a few general questions about your views on the development
11 Which of the following statements best capture your general view of the appropriate relationship between the trade union and SACM on major socio-economic issues? (Circle the most appropriate answer)
SACM should consult trade unions with a view to reaching consensus on specific issues
1
SACM should consider the views of the trade unions; before taking certain decisions
2
SACM should not consult trade unions when issuing policy statements/decisions
3
Other (please specify) 4
12 Which of the following statements best capture your view on freedom of association? (Circle the appropriate answer)
SACM should allow employees to join and form trade union of their own choice. SACM should only allow employees to join and participate in the activities of the work council. SACM should not recognize any labour organisation Other (please specify )
SECTION THREE: CURRENT PRACTICE AS A SENIOR MANAGER
13 How would you generally characterise your current job? (Circle the best answer)
Policy oriented Service oriented Support oriented
Please substantiate on your answer if you wish
3
14 How important are the following factors in your capacity to discipline your subordinate?
Discipline must be weighed against possible ethnic/political fallout
Not important Very important
Disciplinary procedure are cumbersome to administrate
1 2
You are not familiar with the rules for imposing discipline
1 2
You feel your authority is not respected by your subordinates
1 2
The results of discipline take too long in coming 1 2 Disciplinary procedures cause too much conflict 1 2 Other (please specify) 1 2
15 As a Senior Manager, do you feel constrained by existing rules or regulations, what do you generally do? (Circle the best answer)
Ignore the rules or regulations Try to negotiate your way around the rules or regulations Try to change the rules or regulations Submit to the rules or regulations
16 How often do you have to manage conflict among your staff members?
Very often Often Seldom Never 1 2 3 4
17 How often do the following statements cause problems in your company?
Often Sometimes Never Ethnic differences 1 2 3 Sexual harassment 1 2 3 Cultural differences 1 2 3 Racial differences 1 2 3 Political differences 1 2 3 Gender differences 1 2 3 Personality conflict 1 2 3 Access to resources 1 2 3 Access to information 1 2 3 Different policy position 1 2 3 Poor performance 1 2 3
4
18 How would you rank the following attributes of middle management? (Unit managers)
Excellent Good Adequate poor Efficiency 1 2 3 4 Time management 1 2 3 4 Communication skills 1 2 3 4 Project management 1 2 3 4 Commitment to complete a task
1 2 3 4
Technical knowledge 1 2 3 4 Financial management 1 2 3 4 Capacity to motivate subordinates
1 2 3 4
Conflict resolution skills 1 2 3 4 Initiative 1 2 3 4 Experience 1 2 3 4 Commitment to redress social inequalities
1 2 3 4
19 Have you personally experienced any incident of overt discrimination as a Senior Manager in SACM?
Yes
No 1
2
If yes, on what basis? (Circle all appropriate answer)
Disability 1 Race 2 Gender 3 Religion 4 Ethnicity 5
20 In practice, what are three most important factors for promotion in SACM? (Mark the three best answers 1=most important, 2=second most important)
Advancing Transformation Affirmative Action Innovative Management Having friends in high positions Making no mistakes
5
SECTION FOUR: PERCEPTIONS ON SACM
I would like to ask you some questions on how you perceive SACM more generally.
21 Which of the following statements do you think best describe management style in SACM?
Senior managers make decisions and then inform their subordinates.
1
Senior managers consult their subordinates before making decisions.
2
Senior managers involve their subordinate in decision-making. 3
22 what is your response to the following statements about corruption in SACM
Strongly agree
Agree Strongly disagree
Corruption is mostly inherited from the previous regime
1 2 3
SACM takes effective steps to end corruption
1 2 3
Comtpt officials are dealt with accordingly
1 2 3
Corruption is not prevalent in SACM.
1 2 3
24 Which of the following statements best describe what is currently happening in SACM?
Strongly Agree Disagree Policy on Affirmative Action has been well communicated to the subordinates
1 2
There is no racial discrimination 1 2 There is no gender representivity 1 2
25 State the actual number of disciplinary actions taken against employees per month
6
ANNEURE B
QUESTIONNNAIRE FOR JUNIOR STAFF MEMBERS: EMPLOYMENT RELATIONS MANAGEMENT AUDIT IN KUTAMA SINTHUMULE PRIVATE PRISON
This questionnaire is part of an independent research project. Please be assured that yours answers will remain anonymous. No names, or other ways of identifying individual respondents will be used in any version of the results of this audit. No one other than the researcher will have access to your questionnaire. After completing the questionnaire please return it to the researcher personally.
SECTION ONE: DEMOGRAPHICS
I would like to begin a few demographic details.
1
Please fill in the following information about yourself.
Race
African Coloured Indian White 1 2 3 4
Gender
Male
Female 1
2
2 Age
3 Education
Highest qualification 1 Name of institution 2 Year of completion 3 Course of study 4
3 Did you have any formal experience of being employed prior to your appointment at Kutama Sinthumule?
'Yes
No 1
2
1
4 If yes, please specify
Job title 1 Name of institution 2 Years of service 3
5 What is your current position?
Custodial official 1 Psychologist 2 Social worker 3 Educational programmer 4 Unit manager 5 Health worker 6
6 Are you an active member of a political organisation, trade union or community organization?
Yes No Name of institution Political organisation Trade union Community organisation Non-governmental organisation
SECTION TWO HUMAN RESOURCE MANAGEMENT
7 How would you rank the following attributes of human resource management in your company?
Excellent Good Adequate Poor Employees are correctly placed in their positions
1 2 3 4
Appraisal process is accurately assessing performance
1 2 3 4
8 How often does the process take place at Kutama Sinthumule Private Prison? Circle the correct answer.
Always Often Never Performance is driven by rewards. Training and career planning drive
2
performance Performance appraisal provides an objective overview of my performance and performance of my colleagues Performance appraisal helps to identify my training needs Performance appraisal assists in my career development and planning. Results of my assessment are fair and objective. Restructuring is not used as a disciplinary process
9 How would you rate the situations in your company? Circle the correct answer.
Excellent Good Average Poor Our human resource policies are consistent and fair. My salary is sufficient to maintain my family. Our selection panel is doing a fine job.
10 Do you consider yourself to be adequately trained for answer only
your job? Circle the best
Yes No Partially 1 2 3
11 Which was the most important factor that enabled you to adapt to your current job?
Learning from my mistakes 1 Studying the rules and regulations 2 My colleagues shared with me important information during working hours
3
Brainstorming with my peers after hours 4 Formal orientation and induction 5 Other (please specify) 6
12 Have you personally experienced any incident of overt discrimination in SACM?
Yes
No 1
2
13 If yes, on what basis? Circle all appropriate answers.
3
Disability 1 Race 2 Gender 3 Religion Ethnicity 5 Other (specify) 6
14 What are the three most important factors for promotion in your company? (Mark the three best answers. 1=most important, 2=second most important
Advancing transformation Affirmative Action Innovative management Nepotism Performing your job to your supervisor's satisfaction
SECTION THREE: LABOUR RELATIONS MANAGEMENT
I would like to ask you questions that will portray the scenario of labour relations in your company
15 How satisfied are you with the following?
Very satisfied
Satisfied Unsatisfied
The way in which employees resign from the service.
1 .
2 3
The manner in which management involves staff members in decision-making.
1 2 3
The way in which grievances are handled. 1 2 3 The manner in which disciplinary process is applied.
1 2 3
The impact of work council on management is positive or negative.
1 2 3
Contribution of work council to bilateral meetings is very minimal.
1 2 3
. No recognised trade union operates your in private prison
1 2 3
The ways in benefits are distributed 1 2 3
4
16 Are you satisfied with the following? Circle the correct answer
Yes
No 1
2
17 Are you allowed freedom of association?
Yes
No 1
2
18 Is there any dispute resolution mechanism?
Yes
No 1
2
19 If yes, what type of dispute resolution mechanism, please specify?
20 Do these policies exist in your company?
Yes No Gender Equity 1 2 Affirmative Action 1 2 Employee Assistance Programme
1 2
1 2
SECTION FOUR: PERCEPTIONS ON SACM
I would like to ask you some questions on how you perceive the employment relations management audit in Kutama Sinthumule Private Prison.
21 Which of the following do you think about best describe the management style in Kutama Sinthumule Private Prison?
Senior managers make decisions and then inform their subordinates
1
Senior managers consult you before making decisions 2
5
Senior managers share decisions taken with their subordinates 3
22 What are your responses to the following statements about working conditions in a private prison?
Strongly agree Agree Disagree Strongly disagree I do not feel free to talk in meetings in the presence of my seniors
1 2 3 4
I have important role to play in making key decisions in company
1 2 3 4
I do not feel free to challenge my senior's views
1 2 3 4
I accomplished worthwhile things but overall the job is pointless.
1 2 3 4
My salary package is equivalent to the job I do.
1 2 3 4
Racial differences affect effective functioning in my section
1 2 3 4
If I am offered a lucrative package elsewhere I will go for the offer.
1 2 3 4
23 What is your response to the following statements about corruption in SACM?
Strongly agree 1
Agree 2
Disagree 3
Strongly disagree 4 Corrupt officials are
dealt with accordingly. Corruption is not common in SACM.
1 2 3 4
Ex-members of DCS adapted quickly to the changes in SACM.
1 2 3 4
Senior officials of DCS are given preferential treatment regarding
1 2 3 4
6
high positions. Former DCS employees wield/hold too much power
1 2 3 4
24 How should conditions of service in SACM be determined?
By central agreement 1
By agreement in a management bargaining council
2
On individual basis 3
7
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