Presentation to Portfolio Committee on Women

1. Presentation to Portfolio Committee on Women Introductory Comments by Chairperson 29 July 2013

2. State Institutions Supporting Constitutional Democracy Section 181 (1) establishes the following institutions :- • Public Protector • The South African Human Rights Commission • The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (d) The Commission for Gender Equality (e) The Auditor General (f) The Electoral Commission

3. State Institutions Supporting Constitutional Democracy cont....... • These institutions are independent subject to Constitution and law, impartial, exercises their powers without fear, favour or prejudice • No person or organ of state may interfere with the functioning of these institutions • These institutions are accountable to the National Assembly and must report on their activities and the performance of their functions to the Assembly at least once a year

4. Mandate of the CGE • Section 187 (1) of the Constitution states CGE must promote respect for gender equality and the protection, development and attainment of gender equality • Section 187(2) of the Constitution states that CGE has the power, as regulated by national legislation, necessary to perform its functions, including the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning gender equality

5. Mandate of the CGE cont... • Work of the Commission could be grouped into twelve categories i.e. 1. Monitoring and Evaluation 2. Investigations 3. Education and Information 4. Research 5. Lobby and Advise 6. Liaison 7. Serving on Statutory Forums 8. Internal Administration 9. Litigation and Court Monitoring 10. International Work (Gender Equality International Instruments) 11. Mediation, Conciliation and Negotiation 12. Partnership with like-minded Organisations

6. Mandate of the CGE cont... • Section 11 of the CGE Act provides functions and powers of CGE • CGE Act requires CGE to monitor and evaluate the practises of organs of state at any level, statutory bodies of functionaries, public bodies and authorities and private entities • CGE is authorised to make any recommendations to Parliament or any Legislature in relation to monitoring and evaluation • Carry out information and education programmes to foster public understanding of gender equality • CGE is tasked with the duty of reviewing laws and policies affecting gender equality and the status of women

7. Mandate of the CGE cont... • The Commission has a duty to investigate any gender related issues of its own accord or on receipt of a complaint • CGE is empowered to resolve the dispute through mediation, conciliation or negotiation • CGE has the power to refer the matter to the Human Rights Commission or Public Protector or any other relevant authority

8. Mandate of the CGE cont... • The Commission has wide powers of search and seizure and can subpoena any witnesses when investigating complaints in order to gather the necessary information. • Section 38 of the Constitution allows anyone to approach a competent court to enforce a right found in the Bill of Rights, additionally empowers the Commission to take a case to court on behalf of a complaint

9. Mandate of the CGE cont... • CGE has the duty to monitor South Africa’s Compliance with International Instruments ratified by South Africa relating to the objects of the Commission • The Commission must, as far as is practicable, maintain close liaison with institutions bodies or authorities with similar objectives to those of the Commission in order to foster common policies and practises and to promote cooperation where possible

10. Mandate of the CGE cont... • Section 20 (1) (f) of PEPUDA allows CGE to institute proceedings in court on behalf of any aggrieved person or group. In instances where the Presiding Officer decides to refer the matter to the Commission, the case should be dealt with in a short period of time • The Act also places a duty on the Commission to assist complainants who wish to lodge a complaint and to conduct investigations where necessary • The Act envisages that the Commission will play a role in the promotion and achievement of equality

11. Mandate of the CGE cont... • CGE sits in the Equality Review Committee, serves on the IEC Selection Panel of Commissioners as well as sitting on the Selection Panel of Demarcation Board • The Vision of the CGE is to strive towards a society free from all forms of gender oppression and inequality. • The Mission of the Commission is to promote, protect, monitor and evaluate gender equality through undertaking research, public education, policy development, legislative initiatives, effective monitoring and litigation.

12. Dual Monitoring • CGE shares a parallel responsibility with the PC on Women in the Presidency exercising oversight and monitoring the status of women as well as gender equality in SA. • CGE is expected to account to the PC on Women in the Presidency and furthermore to advise the committee on gender equality matters through reports tabled in Parliament. • CGE has an obligation to support a constitutional democracy through the promotion, protection and development of Gender Equality. • CGE has an obligation to involve the Committee in high level and other engagements

13. Dual Monitoring cont… • The Committee is best placed to monitor the Gender Budgeting initiatives across all state departments in collaboration with the CGE (CGE can advise the committee) • CGE and PC on Women in the Presidency could collaborate with monitoring in respect of implementation/compliance with International Instruments especially obligations flowing out of these treaties (Usually reports produced by CGE) • In practice CGE, PC and MWP should ensure that the National Gender Machinery (NGM) is functional.

14. Role and Responsibilities of Commissioners • Fiduciary duty to PFMA towards CGE as set out in Constitution and CGE Act. • Provide overarching leadership and ensure good governance as set out in King III Report on Good Governance. • Exercise oversight regarding CGE mandatory. powers and functions through CGE Committees. • Provide leadership in thematic areas. • Take the lead in provincial Offices. • Initiate and support engagement with Civil society, the Presidency, National Assembly and Political Parties

15. List of Commissioners and Location • Mr Mfanozelwe Shozi – Gauteng (Full -Time Commissioner) • Ms Thoko Mpumlwana – Gauteng (Full -Time Commissioner) • Ms Nomsisi Bata – Eastern Cape (Full-Time Commissioner) • Mr Mbuyiselo Botha – Gauteng (Part-Time Commissioner) • Ms Janine Hicks – KZN (Full -Time Commissioner) • Dr Nondumiso Maphazi – Eastern Cape (Full-Time Commissioner) • Ms Nomasonto Mazibuko – Gaueteng (Part-Time Commissioner) • Dr Wallace Mgoqi – Western Cape (Full -ime Commissioner) • Ms Lulama Nare – Gauteng (Full -Time Commissioner) • Ms Fundi Nzimande – Gauteng (Part-Time Commissioner) • Ms Pinkie Sobahle – Eastern Cape (Part-Time Commissioner)

16. Committees • Good Governance: Lead Commissioner - Commissioner Mfanozelwe Shozi • Strat Plan, Monitoring, Evaluation and Annual Report : Lead Commissioner - Ms Thoko Mpumlwana • Section Six: M Shozi and T Mpumlwana – rotational basis • IT and Communications: Lead Commissioner – Ms Janine Hicks • Finance: Lead Commissioner – Dr Nondumiso Maphazi • Legal and Complains Submission: Lead Commissioner – Dr Wallace Mgoqi • Human Resources: Lead Commissioner – Ms Lulama Nare • Education and Research: Lead Commissioner – Ms Pinkie Sobahle

17. Commissioners’ allocation to Provinces • Ms Nomsisi Bata – Eastern Cape backed by Dr Nondumiso Maphazi • Mr Mbuyiselo Botha - Limpopo backed by Ms Lulama Nare • Ms Janine Hicks – Free State backed by Ms Pinkie Sobahle • Dr Nondumiso Maphazi – Western Cape backed by Dr Wallace Mgoqi • Ms Nomasonto Mazibuko – North West backed by Mr Mbuyiselo Botha • Dr Wallace Mgoqi – Northern Cape backed by Ms Fundi Nzimande • Ms Lulama Nare – Gauteng backed by Ms Mazibuko • Ms Fundi Nzimande – Mpumalanga backed by Ms Bata • Ms Pinkie Sobahle – KwaZulu-Natal backed by Ms Janine Hicks

18. Commissioners’ Allocation to Focal Areas • Ms Nomsisi Bata - Culture Religion and Tradition • Mr Mbuyiselo Botha - Gender Based Violence • Ms Janine Hicks - Substantive Equality • Dr Nondumiso Maphazi - Economic Development • Ms Nomasonto Mazibuko - Education and Health • Ms Fundi Nzimande - National Gender Machinery and International Instruments

19. Role of Commissioners • Chair and act as panelists in EE investigations. • Undertake mediation in terms of Section 11-CGE Act. • Represent CGE at international for a (CSW) • Approve and oversee internal policies of CGE. • Attend to Appeals arising from complaints, CGE operations. • Attend to national and provincial media briefings • Attend to high level stakeholder engagement such as Ministers/ Presidency/ International Organisations ( India/Kenya/Uganda). • Account to each other at regular Plenary meetings.

20. National Achievements • Creation of Gender Entities in all spheres of Government • South Africa is signatory to many International Conventions, Declarations and Regional Charters • South Africa has Gender Equality friendly Constitution • Anti-discriminatory laws promulgated such as Employment Equity Act, DVA, Sexual Offences Act, prevention and combating of Trafficking in Person’s Act, the recognition of Customary Marriages Act, the Maintenance Act, the Choice of Termination of Pregnancy Act and the Protection from Harassment Act • Women’s representation in Parliament/Government in South Africa has increased

21. CGE Achievements Gender Summit • In the celebration of 20 years of democracy the Commission for Gender Equality hosted a gender national summit where the different constituencies on gender fraternity got together to discuss strategies on the challenges that are hindrance to gender transformation in South Africa. The Summit aimed to address such challenges as a collective and developed a plan of action and a declaration which all the constituencies committed to.

22. CGE Achievements cont… Sex work position paper • The Commission for Gender Equality produced a position paper on decriminalisation of sex work in South Africa. The policy brief was developed out of the position paper as a mechanism of targeting the policy makers and facilitating review of legislation in relation to sex work. Information related to the position paper was disseminated in broader spectra with the use of wide advocacy strategies.

23. CGE Achievements cont… Employment Equity Hearings • The Commission for Gender Equality has been conducting a series of EE hearings within both the public and the private sector since 2010. The rational was to ascertain the extent of gender mainstreaming in the work place as provided for in the National Gender Policy Framework in compliance with the international standards. The process has posed as effective in terms of enforcing the principle of mainstreaming gender in the work place.

24. CGE Achievements cont… National Development Plan • The Department of Monitoring and Evaluation came up with a national development plan to enhance economic development in the country. According to the 1995 Human Development Report, there was a conclusion that “human development if not engendered is endangered”. In addition the World Bank in its 2001 study “Engendering development concluded that while poverty exacerbates gender disparities and that gender inequalities hinder development (2001:11). The CGE therefore, made the initiative to do a gender analysis on the NDP. The findings were presented before the planning commission on the 17 April 2014.

25. CGE Achievements cont… Legal Clinics • The CGE established formal legal clinics in all provinces in 2013/2014 and there is a concept note to guiding the process with focus being placed on community advice centres, women support centres CBO’s to broaden the catchment area of the legal clinics. Policy Dialogues • The CGE has held a series of policy dialogues on a number of reports produced. The aim of conducting the dialogues is to engage policy makers on the recommendations.

26. CGE Achievements cont… • CGE’s facilitation of Thohoyandou Declaration of Ending Witchcraft violence • Initiation of talks with the house of Traditional Leaders and other key stakeholders in finding the solution to deal with the ‘AMA TSHEZI CHIEFTAINCY STRUGGLE’ where two women died over the struggle of chieftaincy. • The CGE acted as the friend of the Court on the Bhe and Mayelane vs Ngwenyama cases – protects gender equality. • The CGE has produced several publications which are available on our website. • CGE has entered into MOU with EC, Mpumalanga andNorthern Cape House of traditional Leaders

27. Challenges facing the Commission • Broad mandate but inadequate funding to deal with gender equality issues • Low baseline is source of all CGE financial woes i.e. Human Resources issues, Programmes and Support Services • Request Portfolio Committee and Parliament’s assistance to ensure that CGE receives adequate funding • Strategic Risk to underfund Gender Equality i.e. cannot adequately deal with Patriarchy, GBV, International Instruments such as Beijing Platform of Action, CEDAW, Resolution 1325, SADC Gender and Development Protocol, All AU Gender Related Protocols and other substantive gender equality issues. • Challenges relating to the finalisation of the Report of the Adhoc Committee on the Review of the Chapter 9 Institutions serves to constrain proposals aimed at reform to the CGE Budget.

28. Challenges cont… • High levels of GBV and this needs a concerted efforts from all sectors to eradicate it. • The reports tabled in Parliament by CGE does not elicit the necessary engagement between the CGE and relevant stakeholders : eg) Land Study Report – no engagement with Portfolio Committee on Rural Development and Land Reform. Similarly; 1 Woman 1 Hectare of Land has not elicited support from the Department and PC for RDLR. This undermines the CGE.

29. Conclusion • CGE has broad mandate to promote, protect, develop and attain gender equality, advice, lobby, conduct research, provide education, monitor state compliance and conduct investigations into gender matters.

30. Salutation • Ngiyabonga • Enkosi • Kealeboga • Ndza Khensa