Presentation to the Portfolio Committee on Women in the Presidency 21 October 2014 1.

Presentation to the Portfolio Committee on Women in the

Presidency21 October 2014

1

TABLE OF CONTENTS

1. Opening remarks by the Chairperson2. Overview3. Constitutional Mandate4. Strategic Objectives5. Performance Overview6. Highlights 7. Conclusion

OPENING REMARKS BY CHAIRPERSONContextual Analysis

Programme undertaken during financial year that preceded the elections

Election fever cause communities and some structures to sometimes question the role and independence of the Commission

Our work is biased towards the poor , vulnerable groups and this testimony to the nature and type of complaints and education work we undertake

Rely more on the CGE staff to conduct or Do our work and little reliance on consultants

Operating with inadequate Budget with other mandate like PEPUDA not funding

3

OPENING REMARKS BY CHAIRPERSON Building relationship with key structures like civil society

organizations, faith Based organizations, International organizations, Private Sector , Government, Judiciary and house of Traditional Leadership

Media is gradually beginning to report on the CGE activities and gender equality in general (this is not enough)

Challenges Non funded mandate Treasury has reduced our budget by 4 million going forward. Portfolio committee to assist with the funding situation of the

CGE

Requests Portfolio committee to consider and debate reports lodged

with Parliament Consider and Finalize issues raised in the report of the Adhoc

Committee on the Review of C9s and Associated Institutions

4

OVERVIEW

This presentation provides an account of overall performance of the Commission for the financial year 2013/2014. The Commission welcomes the unqualified audit opinion received. The Commission has made significant achievements in resolving Audit Issues raised in previous periods. There are areas of improvement identified around SCM and compliance related to regulations thereto and actions are being implemented to ensure compliance. There has been an increase in overall performance for the reporting period, against annual targets that were set in the Annual Performance Plan lodged with this House.

For the reporting period, 76% of the predetermined objectives has been achieved. There are areas (24%) where the Commission struggled which impeded getting the 100% mark.

5

6

OVERVIEW Comparative for Performance between FY 2012/2013

and 2013/2014

CONSTITUTIONAL MANDATE

The Constitution of SA created an independent Commission for

Gender Equality to deal specifically with the promotion of gender

equality and to advise and make recommendations relating to

gender equality and the status of women.

Section 181 read with section 187 of the Constitution establishes

the Commission for Gender Equality.

In terms of section 187 CGE must promote respect for gender

equality and the protection, development and attainment of

gender equality

7

FUNCTIONS PRESCRIBED BY NATIONAL LEGISLATION

Commission for Gender Equality Act 39 of 1996MonitorInvestigateResearchEducateLobbyAdvise Parliament and report on issues concerning gender equalityMonitor compliance with Regional & International Conventions

Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA)

Assist complainants in instituting proceedings in the Equality Court Conduct investigations and make recommendations regarding

persistent contraventions of PEPUDA

8

VISION and MISSION

Vision A society free from all forms of gender oppression and inequalityMission Monitor, evaluate and make recommendations on policies of the

public and private sector Information and educational programmes Evaluate and make recommendations on legislation affecting the

status of women Investigate, resolve and rectify gender issues Collaborate with government and civil society Monitor and report on international conventions

9

EXECUTING MANDATE

GOVERNANCE AND OVERSIGHT COMMITTEES

Legal and Complaints Research and Education Strategic Planning, Annual Report and M&E Human Resources Audit Finance Information Technology & Communications Good Governance

11

STRATEGIC OBJECTIVE 1 AND SUB-STRATEGIES

STRATEGIC OBJECTIVE 1 SUB-STRATEGIES

To ensure the creation and implementation of an enabling legislative framework that promotes the attainment of gender equality.

1. To monitor and evaluate the promotion of gender equality and any relevant policies and practices of the public and private sector and report to Parliament

2. To initiate and review for the improvement of the legislative framework in all spheres of government that impact on priority areas of gender equality

3. To conduct periodic performance assessments of priority Ministries, State institutions, Government departments, political parties and the private sector, on the implementation of applicable legislation and policies that impact on gender equality

4. To evaluate the implementation and effectiveness of the national justice facilities for gender discrimination

5. Replaced with Sub-strategy 66. To convene direct dialogues with relevant policy makers at national and provincial level on recommendations to promote gender equality contained in research reports and research activities

STRATEGIC OBJECTIVE 2 AND SUB STRATEGEIES


To protect and promote gender equality by engaging with relevant stakeholders to educate and raise awareness on issues of gender equality, challenge patriarchal perceptions and stereotypes and take action against infringements of gender rights through the implementation of appropriate redress.

1. To timeously investigate complaints of violations of gender rights and identify appropriate re dress

2. To Initiate investigations of systemic violations of gender rights in the public and private sector and identify appropriate redress

3. To initiate the development of a coordinated programme to eliminate gender discrimination

4. To initiate interventions for the sustainable development and promotion of gender equality in the social, cultural, political, economic, security and human rights dimensions

5. To collaborate with organs of state, civil society and other institutions to effectively develop, protect, promote and attain gender equality

STRATEGIC OBJECTIVE 3 AND SUB-STRATEGIES

STRATEGIC OBJECTIVE 3

SUB-STRATEGIES

To monitor state compliance with regional and international conventions, covenants and charters which have been acceded to or ratified by the Republic, relating to the object of the Commission for Gender Equality

1. To conduct annual reviews and audits of state compliance with obligations under the conventions, covenants and charters and to report an a regular basis to Parliament and the Office of the Speaker of Parliament

2. To interact with and report to national, regional and international bodies on state compliance with conventions, covenants and charters acceded to or ratified and to make recommendations for improvements

STRATEGIC OBJECTIVES 4 AND SUB-STRATEGIES


To build an effective, efficient and sustainable institution that will fulfil its constitutional mandate on gender equality

1. To create a well-defined governance structure for effective oversight by the Commissioners over the Chief Executive Officer, with clear roles, responsibilities and a delegation framework

2. To develop a financial management strategy that consistently delivers an unqualified audit

3. To develop and maintain an IT infrastructure that supports the organisational objectives of the CGE

4. To develop a comprehensive HR Strategy that aspires to address all HR related matters in a coordinated fashion

5. To develop a long term funding model for the CGE that includes funding from the National treasury and donor agencies

6. To develop a coherent communications strategy that promotes a positive public image of the CGE

Performance Overview- SO1

Under this strategic objective, the Commission set out to monitor and evaluate policies and practices of public and private sector. The following was achieved:

o Tabled the National Employment Equity Report o Finalised Provincial Employment equity reports and held Provincial

dialogues on the findings Assessed the effectiveness of the GFPs in government

departments and produced a report Administered the gender barometer tool to specific government

departments and private sector entities, assessed progress in gender mainstreaming and produced a report on the status of gender policies and practices in the public and private sector

Reviewed and analysed 12 pieces of proposed legislation from a gender perspective

16

Performance Overview- SO1Under this strategic objective, the Commission set out to monitor and evaluate policies and practices of public and private sector. The following was achieved:

17

ACTIVITIES UNDERTAKEN FINDINGS/ISSUES HIGHLIGHTED

Tabled the National Employment Equity Report

Finalised the Provincial Employment equity reports and held Provincial dialogues on the findings

Assessed the effectiveness of the GFPs in government departments and produced a report

Administered the gender barometer tool to assess progress on gender mainstreaming in two national departments (SAPS & Science and Technology) and 9 provincial Community Safety departments. CGE produced a report on the status of gender policies and practices in these national and provincial departments.

The pace of gender transformation in the workplace has been slow. In private sector women in senior and top management seldom comprise more than 12%Gender wage gap persists

•GFPs appointed in lower ranks , contradicting the National Gender Policy Framework which calls for appointment at Director level.•Department reluctant to establish fully dedicated Gender mainstreaming Units•Departments provide limited budget allocations for gender mainstreaming

•Department of Science and Technology made better progress in gender mainstreaming and empowerment of women•Lack of progress by SAPS and Provincial Community Safety Departments in gender equality within the police ranks.•SAPS (national and provincial) still male-dominated

Performance Overview- SO1 continued

Engaged the National Planning Commission on engendering the National Development plan

Made a submission to DOJCD on the implementation of gender equality measures, namely, Domestic Violence Act, maintenance Act, Sexual Offences Act, maternity benefits and Sex work

Assessed the effectiveness of the implementation of the 365 Days National Action Plan and the GBV Council, and produced reports capturing findings and recommendations

Evaluated the functioning of courts, namely maintenance, equality and family courts. Produced an evaluation report .

18


Policy Dialogues – three (3) national and twenty seven (27) policy dialogues were convened between the Commission and Policy makers, on policy implications of previously conducted research reports, as follows:

Implementing the Victims Charter Assessing implementation of obligations of following

departments:- Department of Justice and Constitutional development &

South African Police Services National Prosecuting Authority & Department of Social

Department Department of Health and Department of Correctional

Services

19


Assessing gender mainstreaming in the Public Service through Gender Barometer

Department of Public Works National & Provincial Dept. of Human SettlementGender in the national education curriculum Engaged national and provincial departments of Basic

educationThe dialogues provided a platform for the Commission to engage with Policy makers at national and provincial level on issues relating to gender equality and mainstreaming, and how best practice and further recommendations can be properly implemented

20


The Commission investigated complaints of gender discrimination. The Commission handled a total of 894 complaints for the current financial year, this number is inclusive of telephonic and walk-in consultations, which would not have warranted a prolonged investigation, or required referral to more relevant institutions.

21


Number of files opened in 2013/2014

22

Nature of Complaint

GP LP WC MP NW FS KZN EC NC TOTAL

Gender Discrimination

7 2 6 3 2 9 19 1 13 62

Domestic Violence

6 6 0 17 3 10 3 3 4 52

Maintenance 2 25 2 5 9 23 5 15 9 95

Divorce 8 7 2 12 6 0 4 6 6 51Custody & access

2 1 1 4 2 9 2 4 3 28

Estate 9 6 1 49 1 34 0 7 3 110Gender Based Violence

7 1 11 10 0 0 18 14 0 61

Sexual Harassment

8 3 4 3 1 0 1 0 2 22

Labour 13 1 1 12 1 14 0 13 2 57Unlawful Eviction

1 9 2 8 0 6 0 1 3 30

Claim for Restitution

0 1 4 0 0 0 0 1 0 6

Tradition/ culture

2 7 1 0 0 0 0 2 0 12

Others 62 27 14 56 31 0 44 61 13 308Total 127 96 49 179 56 105 96 128 58 894


23


The following table represents the files that were brought forward or opened and closed during the 2013/2014 financial year.

24

Brought forward files from previous quarter

Opened Closed Pending

Gauteng 29 127 110 46

Limpopo 18 96 74 40

Western Cape 18 49 45 22

Mpumalanga 57 179 145 91

North West 9 56 32 33

Free State 75 102 72 105

KwaZulu- Natal 42 96 62 76

Eastern Cape 38 128 112 54

Northern Cape 40 58 30 68

Total 326 891 682 535

LEGAL CLINICS HELDLegal Advice clinics aim to provide access to legal advice and,

in turn, gender justice to communities throughout South Africa. A total number of 126 clinics were held in the 2013/2014 period.

25

HIGHLIGHTS OF CASES LITIGATED ON

Mayelane v Ngwenyama & Another CCT57/12: The Commission was admitted as amicus curiae in this case. The matter related to Tsonga customary marriages, in which the Constitutional Court had to determine the extent to which the absence of the first wife’s consent to her husband’s subsequent polygamous marriage affects the validity of the latter marriage.

26

HIGHLIGHTS OF CASES LITIGATED ON Chiloane matter: This is a case that emanates from a

complaint lodged with the Mpumalanga office. The Commission has been admitted as amicus curiae, relating to chieftainship. The applicant, Ms Ressie Chiloane, seeks to remove her brother as chief and claim her rightful position as heir to the throne of her father, the late chief. The case is awaiting set down of date of trial.

Xhosa Lineage: The complainant in this matter is Princess Nomaxhosa Sigcawu, who formally lodged a complaint with the CGE Eastern Cape Provincial Office. Upon investigation, it became clear that the complainant had been deprived of her right to become queen on the basis of her gender. Commission is consulting and perusing all documentation

relating to this matter to ascertain the prospects of success.

27

Performance Overview- SO2o Launch of the position paper on decriminalisation of sex

work in South Africao Developed a report on Women in political parties in

partnership with National Democratic Institute South Africao Engagement with the Special Rapporteur on Violence

Against Womeno Engagements with the traditional leadership and the

religious sectoro Engagement with LGBTI Communities

28

Performance Overview- SO2 Protecting and Promoting Gender Equality

Launch of the position paper on decriminalisation of sex work in South Africa

One of the CGE focus areas is gender-based violence, which includes responding to the abuse and violation of rights of sex workers.

The current legal position in South Africa has resulted in the criminalisation of sex work; engaging in it is illegal and will lead to the criminal prosecution of sex workers, buyers of sexual services, and any other associated stakeholders.

As a result of their criminal status, sex workers who experience abuse and violation of numerous Constitutional rights, and acts of violence and abusive treatment, often at the hands of police officers, are unable to seek remedies or justice. Sex workers are also denied access to critical health and HIV prevention services, as a result of stigma relating to their status.

29


Informed by international treaties and research, and the imperatives of the South African Constitution, the CGE believes that sufficient evidence exists to support the full decriminalisation of sex work in South Africa. Decriminalisation is the only means to ensure protection of rights of sex workers, and does not lead to increase in sex work, trafficking or child prostitution.

Women in political parties CGE gender monitoring of elections and women’s political

representation includes review of party lists and manifestos, engaging with political parties; recommending to Parliament the adoption of a 50/50 quota system, election monitoring through gender lens; recent study with 3 political parties on enabling mechanisms to promote women’s full political participation and representation.

30


Engagement with United Nations Special Rapporteur on violence against women

Commission in partnership with the Foundation For Human Rights engaged the United Nations Special Rapporteur, Ms Rashida Manjoo, Presentations were made by the UN Special Rapporteur, the Centre for Human Rights, the SAHRC, Genderlinks, the National Council on Gender-based violence and the DOJ&CD on progress and challenges in addressing violence against women at an administrative and judicial level

Engagement with the LGBTI organisations The DoJ&CD has established a multi-sectoral national task team to

address violence against LGBTIs. This includes representatives from key government departments, Chapter 9s in the form of the SAHRC and the CGE, and CSOs from the LGBTI sector. A consultative workshop was held with CSO representatives from the LGBTI sector to report on progress to date, and engage with them on the draft National Intervention Strategy.

31


To further support the initiatives of the national task team, the Commission engaged communities with the assistance of LGBTI organisations on creating public awareness of the issues and challenges experienced by LGBTI people which include the following:

Killing and physical violations of lesbians Lack of investigation by SAPS and attitudes and victimisation

experienced, creating barriers to reporting, delays in investigation and cases being dropped.

Frustration and delays with the criminal justice system, creating barriers to justice and resulting in impunity of offenders.

Discrimination and stigma experienced at the hands of health workers, creating barriers to access to reproductive health services in particular.

Inadequate mainstreaming of LGBTI issues into state programmes and services and discrimination, and lack of recognition experienced at the hands of traditional leaders and religious organisations.

32

Performance Overview- SO2 Geographical areas covered in the financial year

33

Provinces Outreach Areas covered (Geographic areas)

Mpumalanga Msukaligwa Municipality, Dreifontein (Mkhondo Municipality), Emerlo,Nelspruit, Kabokweni, Bushbuckridge, Balfour

KwaZulu-Natal Nkandla, Mbazwana, Durban, Pietermaritzburg, Ozwathini, Ntambanana, Maphumulo, Mandawe, Adams Mission, Klaarwater, Cliffdale, Umlazi, KwaMashu, KwaShange and Hlabisa .

Limpopo GaMothapo, Capricorn district Municipality, Giyani, GaMaphalle, Musina, Malamulele, Tzaneen, Venda, Mophalale and Sekhukhune District, Vhembe district

Northern Cape Frances Baard, PerksleyKaSeme Districts, Warrenton and Majeng, Magareng Municipality, De Aar, Green Point, Kuruman, Upington

Gauteng Mamelodi,Winterveld, Shoshanguve,Sinoville, Atteridgeville, Brakpan, Soweto, Vaal, Vosloorus, and Germiston

Free State Petrusteyn, Reitz, Mangaung, Welkom, Bloemfontein, Redderburg, Reitz, Fouriesburg,

Eastern Cape Alfred Nzo Districts Municipality, Nelson Mandela Bay Metro Municipality ; Buffalo City Mentro Municipality , OR Tambo District Municipality and Amathole District Municipality

North West Tlokweng,Ramatlabama, Magokgwane, Madibe,Taung, MafikengPitsidisuleyang, Magogoe, Klerksdorp, Koster, Ventersdorp, Zeerust and Lichtenburg

Western Cape Houtbay, Bredardorp, Sea Point, Khayelitsha; Zolani Centre; Nyanga; Langa; Citrusdal; Clanwilliam and LangebaanThusong Centres


Community radio programme with the National Community Radio Forum

The Commission signed an MOU with NCRF to access community radio stations which provided a platform for discussion on the CGE’s mandate and gender-equality related issues

The following community radio stations were targeted, namely, Jozi FM, True FM, Forte FM, Mafikeng FM, Aganang FM, Radio

Zibonele, Alex Fm. Barberton Community Radio, Vally FM, Radio Bushbuckridge, Theta FM, Vukani FM, Motheo FM, Vaaltar FM, Vuma FM, North West FM, Sekgosese FM, Sekhukhune FM, Univen FM, OFM, Bush Radio Station, Igagasi FM, Namaqua FM and Inanda FM.

34


Under this strategic objective, the Commission set out to review state compliance against obligations under conventions and charters acceded to

Finalised baseline reports on the following international instruments

Beijing Platform for Action CEDAW Millennium Development Goals

35

Performance Overview- SO3Women and Poverty Achievements

South Africa places poverty reduction high on its agenda and continues to heighten actions and policies to address it through a wide range of strategies. There are programmes in place to assist women and children through the social relief strategies that have been put in place.

ChallengesWomen in rural and remote areas who constitute the majority of women in South Africa, which is characterized by poverty, still have difficulties in accessing health and social services, and a lack of participation in decision-making processes at the community level. Furthermore, customs and traditional practices, prevalent in rural areas, prevent women from inheriting or acquiring ownership of land and other property.

36

Performance Overview- SO3Women and the Economy Achievements

Laws and policies are in place to guarantee equal access to employment opportunities and social protection benefits. The right to equal access to employment opportunities and social protection benefits are guaranteed by the principle of equality between women and men entrenched in the constitution and labour laws.

ChallengesData gaps in critical areas with respect to women’s contributions to economic development affect effective planning, monitoring and evaluation of the gendered impacts of economic and social policies. The persistence of customary views of the extent to which women are accessing productive resources, particularly land, remains a barrier to their access. Equal remuneration for women and men , and gender gaps in professional skills, educational attainment and occupational segregation, with a predominance of women in seasonal employment.

37

Performance Overview- SO3Sex disaggregated data: It has been a challenge to get sex

disaggregated data from government departments. Failure to disaggregate such data by sex results is ineffective monitoring, and makes it difficult to design, implement and evaluate programmes that would effectively improve the status of women.

Gender neutral policies: A lot of government policies were found to be “gender neutral”:- The danger of such policies is that they might constitute discrimination against women. This would mean that an identical or neutral treatment of women and men might constitute discrimination against women if such treatment resulted in or had the effect of women being denied the exercise of a right because there was no recognition of the pre-existing gender-based disadvantage and inequality that women face.

38

Performance Overview- SO3Lack of specific supporting mechanisms to promote the

advancement of women (Art 3.) It has been a challenge to find policies that specifically responds to the practical gender needs of women. For example, flexi-time is not supported and mechanisms such as child care facilities are not provided. Even though the DPSA in its response to the CGE, has indicated that there are guidelines to implement this it has not be done.

The absence of provisions in domestic legislation, for remunerated maternity leave: There is a need for the protection of maternity leave through ensuring that there is legislation that provides that maternity leave be with remuneration. This particular issue has been highlighted by the CEDAW Committee as well.

.

39


40

Violence Against Women: Lack of statistics on gender based violence. The fact that Gender based violence is not classified as a crime is problematic as it denies the country the opportunity to get well documented statistics so as to comprehensively plan interventions based on proper statistics

A domestic Violence Act that does not have a comprehensive implementation plan and budget. This makes the implementation of the Act difficult. Monitoring is done peace-meal, while the responsibility of evaluation is left to institutions that might be interested. Lack of a well-co-ordinated multi sectoral approach to addressing gender based violence.

Performance Overview- SO4 Effective, Efficient , Visible and Sustainable Institution

This strategic objective is inward looking and deals with corporate services, viz Finance, ICT, Communications and Human Resources.

Under this strategic objective out of 19 targets 3 were not met and/ or partially achieved. All these activities that were not met related to the IT Infrastructure upgrade. In June 2013 National Treasury granted the Commission permission to utilize the surplus that was realised. The project is currently underway.

41

HIGHLIGHTS OF SIGNIFICANT ACHIEVEMENTS

Sustained unqualified audit opinion Increased and/ or achieved all service delivery related targets Launch of the Commission’s Fraud Hotline Number- “Spill the

beans” Launch of the Commission’s Gender Complaints Toll-free number Gender Transformation Hearings held KZN Ukuthwala and child marriages survey report Policy dialogues held to ensure greater accessibility of the

Commission’s Research outputs and policy findings to policy makers in order to influence policy from gender perspective

CGE Mandate translated into remaining 5 Indigenous languages to ensure reach ( last year translation was done into 6 languages)

42

CONCLUSION

The resources that were appropriated were used efficiently in line with the legislated mandate, guided by the strategic objectives. This has led to an improvement in achieving a higher percentage as far as service delivery is concerned.

Of the 28 service delivery related targets 5 were partially achieved and 4 were not achieved. Some of the unachieved targets related to meetings that the Commission had hoped to hold with various Ministers to engage on matters emanating from research reports and the GBV in higher institutions research, whose proposal was written primarily in response to lack of response by from university leadership on gender-based violence. The CGE signed MoUs with different institutions of higher learning and the Department of Higher Education and training had agreed to fund it and later indicated that they had budgetary constraints.

43

CONCLUSION

The Commission is still aware of challenges that continue to plague the attainment of gender equality, such as gender based violence, gender discrimination in the work place, violation of rights, and the inadequate implementation of gender equality measures

44

Thank you for your time Thank you for your time

HAVE A GENDER RELATED COMPLAINT ????HAVE A GENDER RELATED COMPLAINT ????REPORT IT TO REPORT IT TO

0800 007 709 Twitter Handle @CGEinfo

45

Presentation to the Portfolio Committee on Women in the Presidency 21 October 2014 1.

Documents

gender equality act

attainment of gender

promotion of gender

independent commission

international organizations

audit issues

adhoc committee

account of overall performance