Background
For every employer, recruiting the right people as employees in their institutions is very important. But sometimes, the right person with the right qualifications, competency and skills might have a criminal record. It therefore becomes critical to ensure that job applicants are assessed also on their potential risks that they could bring to the institution, including whether they have a criminal record.
This is especially important to the public service, as employer, given that it serves the public and must be accountable and transparent in its actions. It is expected that applicants for jobs in the public service should indicate whether they have a criminal record or not. However, it needs to be mentioned that the seeming intention with such disclosure is not to ban employment of people with criminal records, but for the prospective employer to assess the potential impact this may have on the job requirement and on the organisation as a whole.
Currently, there are limited policy guidelines on the employment of persons with criminal records in the public service. It therefore becomes unclear to managers as to the process to be followed in the case of an applicant with a criminal record. This could result in managers, unwillingly, through their actions, creating legal difficulties for themselves if challenged. It is on the basis of the above that the Public Service Commission undertook research on the management of job applicants with a criminal record in the public service.
Key findings
Total number of persons with criminal records employed in the public service:
* The Public Service Commission found that as at 31 March 2008 the number of persons with criminal records permanently employed on a full time capacity in the public service was 223.
* Out of 223 persons with criminal records employed in the public service, 50 (22 percent) are females and 173 (78 percent) are males.
Persons with criminal records appointed in national departments:
* The report notes that 166 (74 percent) out of 223 public servants with criminal records are employed in national departments.
* Out of 32 national departments that participated in the investigation, only 14 have employed persons with criminal records.
* Out of the 166 public servants with criminal records employed in national departments, National Treasury employed the highest number 49 (29 percent) followed by the Department of Correctional Service 36 (22 percent).
* National Treasury indicated that the majority of these persons were convicted for traffic offences (that is not paying traffic fines and negligent driving) whilst a small number of these persons were convicted for fraud and corruption.
Persons with criminal records appointed in provincial departments:
* The report reveals that a total of 57 (26 percent) persons out of the 223 with criminal records in the public service are employed by provincial departments.
* Out of the 57, the highest numbers are employed in the Northern Cape 23 (40 percent), followed by the Free State 16 (28 percent) and the Western Cape 10 (17.5 percent).
Occupational categories in which persons with criminal records were appointed during the period 2005/06 to 2007/08
* The Public Service Commission found that 72 persons with criminal records were employed during 2005/06 to 2007/08.
* During the period 2005/05 to 2007/08 persons with criminal records were appointed mainly in the clerical or administrative 19 (26 percent), Safeguarding and security 15 (21 percent) and senior management service 10 (14 percent) categories.
Categories of crimes committed by persons appointed into the public service during 2005/06 to 2007/08. The majority of crimes committed by the 72 persons with criminal records appointed during 2005/06 to 2007/08 related to the following:
* drunken and or reckless driving: 21 (29 percent)
* assault: 16 (22 percent)
* theft: 14 (19 percent).
Recommendations
The Public Service Commission recommends the following to improve the management of job applicants with criminal records in the public service:
* Providing comprehensive national norms and standards
Given the limited policy direction on the employment of persons with criminal records, the Public Service Commission recommends that the public service regulations should be amended to provide direction in this regard. Similarly, the proposed stipulations of the draft public service regulations, 2008 which provides for periods of prohibition on employees dismissed for certain categories of misconduct should be supplemented with provisions outlining how applicants with criminal records should be managed. Likewise, the Z83 application form which is prescribed by the Department of Public Service and Administration (DPSA) should also be reviewed with a view to encourage applicants to reveal their criminal records.
* Developing and implementing departmental specific policies
The Public Service Commission recommends that departments, with due regard to their structures, cultures, needs and circumstances develop policies regulating the suitability of persons with criminal records for employment. Alternatively, existing departmental recruitment and selection policies should be amended to provide for the management of job applicants with criminal records.
* Adhering to criteria for criminal record checks
The Public Service Commission found that criminal record checks are done in an inconsistent manner across departments. Thus, departments need to adhere to criteria provided by the National Intelligence Agency (NIA) in its guidelines on personnel suitability checks.
* Location of the Vetting Fieldwork Unit (VFU)
According to the generic vetting structure developed by the Department of Public Service Administration, it is advised that Vetting Fieldwork units (VFUs) are to be located within the corporate services components of departments. However, there are two schools of thought in this regard. Some departments are of the opinion that the task and responsibility of conducting personnel suitability checks should be located within the Security Management unit, whilst others feel it belongs within the Human Resource Management unit. There is no correct or incorrect location for this unit, and departments might even consider placing this within the risk management component. Hence, the Public Service Commission recommends that departments, with due regard to their own unique structures, environments and circumstances, determine for themselves where their VFUs will best be located and managed.
* Improving the turnaround time for criminal record checks
Eighteen of the departments that participated in the investigation indicated that it takes between 21 and 30 days for a criminal record to be checked (from the time a request is made until feedback is received), whilst 28 departments indicated that it takes longer than one month. Thus, the Public Service Commission recommends that turnaround time of longer than a month is unacceptable and must be improved upon since candidates with scarce skills will be lost if another opportunity presents itself during this period. Similarly, care must be taken by departments to ensure that each job application by a person with a criminal record is treated on merit, taking into account the type of crime committed, job requirements and duties attached to the post.
* Effective record-keeping
The Public Service Commission recommends that departments, on a six monthly basis, update and maintain accurate records of advertisements for vacant posts, dates on which the conducting of criminal record checks were requested, dates on which feedback on the outcome of criminal record checks were received, the results of the criminal record checks conducted and proof of the serving of the sentence imposed and or fine paid.
* Adjusting the personnel and salary administration system
The Public Service Commission recommends that personnel salary system (PERSAL) should be adjusted to make the capturing of information by departments on criminal records compulsory.
Conclusion
Employment practices in the public service are regulated by legislation and prescripts which are fair, equitable and non-discriminatory. However, the relevant legislation and prescripts provide little guidance on how departments should manage job applicants with criminal records. The determination of job applicants’ suitability for employment remains the responsibility of departments.
The limited guidance provided in the existing policy framework could result in inconsistent approaches by departments in dealing with job applicants with criminal records. The importance of having clear criteria to determine whether a person’s criminal record prohibits his or her employment in the public service is self-explanatory. The Public Service Commission trusts that the strategic direction provided in this report will assist departments in the effective and efficient management of job applicants with criminal records.
As the custodian of good governance, the Public Service Commission will continue to monitor the performance of the South African public service and, through its reporting, generate broader discussion and debate in the good governance and service delivery discourse. This and other reports can be accessed on the Public Service Commission website: http://www.psc.gov.za/. Acts of possible corruption can be reported to the national anti-corruption hotline: 0800 701 701.
For enquiries, please contact:
Mr Humphrey Ramafoko
Tel: 012 352 1196/7
Cell: 082 782 1730
Fax: 012 325 8344
Issued by: Public Service Commission
16 September 2009
Source: Public Service Commission (http://www.psc.gov.za/)
