Presentation to the Portfolio Committee on Women, Children, and People with Disabilities

1. Presentation to the Portfolio Committee on Women, Children, and People with Disabilities 23 October 2013

2. TABLE OF CONTENTS • Overview • Constitutional Mandate • Strategic Objectives • Performance Overview • Highlights • Conclusion

3. OVERVIEW This presentation provides an account of overall performance of the Commission for the financial year 2012/2013. The Commission welcomes the unqualified audit opinion received. There has been an increase in overall performance for the reporting period, to annual targets that were set in the Annual Performance Plan lodged with this House. For the reporting period, 74% of the predetermined objectives has been achieved. There are areas (26%) where the Commission struggled which impeded getting the 100% mark. The 26% percent is mostly made up of activities under strategic objective 4 which is inwardly looking.

4. OVERVIEW Comparative for Performance between FY 2011/2012 and 2012/2013

5. CONSTITUTIONAL MANDATE • The Constitution of SA created an independent Commission for Gender Equality to deal specifically with promotion of gender equality and to advise and make recommendations relating to gender equality and 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

6. FUNCTIONS PRESCRIBED BY NATIONAL LEGISLATION Commission for Gender Equality Act 39 of 1996 Monitor Investigate Research Educate Lobby Advise Parliament and report on issues concerning gender equality Monitor 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

7. VISION and MISSION Vision • A society free from all forms of gender oppression and inequality Mission • 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

8. STRATEGIC OBJECTIVES Strategic Objective 1 • To ensure the creation and implementation of an enabling legislative framework that promotes the attainment of gender equality Strategic Objective 2 • 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

9. STRATEGIC OBJECTIVES Strategic Objective 3 • 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 objects of the Commission Strategic Objective 4 • To build an effective, efficient , visible and sustainable institution that will fulfil its constitutional mandate on gender equality

10. EXECUTING MANDATE

11. 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

12. Performance Overview- SO1 Creating Enabling Legislative Framework Under this strategic objective, the Commission set out to monitor and evaluate policies and practices of public and private sector. • Finalised the National Employment Equity Report and held Provincial EE Hearings • Administered the gender barometer tool to specific provincial departments and assessed progress on gender mainstreaming • Reviewed and analysed 13 pieces of proposed legislation from a gender perspective • Assessed the implementation of the 365 Days National Action Plan and the Victims charter (assessing Dept. of Health and Dept. of Correctional services)

13. Performance Overview- SO1 Creating Enabling Legislative Framework Drafted 5 Policy briefs based on previous research reports:- • Land study - revealed lack of institutional arrangements to promote gender equality and restriction of effective participation of rural people and consequently women due to high land prices. • Widowhood- revealed a number of issues that require attention of policy makers both in public and private sector . Recommended introduction of time-limited and means tested special income support grant for widows/wers to augment their livelihoods during mourning period • Water study - water study-reveals general failure by the Water Sector to prioritize gender mainstreaming, in particular a widespread lack of understanding or knowledge of relevant gender policy and legislation at local government level. It was recommended that COGTA should take responsibility and put in place effective campaign strategy to raise awareness of gender issues among Municipalities

14. Performance Overview- SO1 Creating Enabling Legislative Framework • Education report- reveals that In spite of the 1996 Gender Equity Task Team (GETT) recommendations, Acts and policies aimed at eliminating gender discrimination in the education system, indications are clear that the country is falling short of this realisation. There is a clear need for a Gender Policy to be formulated by the Department of Education so that there is uniformity across all provinces and schools in terms of how measures directed at eliminating gender discrimination are implemented. • Private sector- revealed that gender equality remains largely a low priority in the private sector. There is a need to consider introducing an incentive scheme similar to the BEE.

15. Performance Overview- SO1 Creating Enabling Legislative Framework • Policy Dialogues - Held forty four (44) national policy dialogues on previous research reports. The Commission had targeted fifty (50) dialogues but due to unavailability of relevant policy makers 6 had to be deferred to the next financial year

16. Performance Overview- SO2 Protecting and Promoting Gender Equality The Commission investigated complaints of gender discrimination. The Commission handled a total of 985 complaints for the current financial year, this number is inclusive of telephonic and walk-in consultation which would not have warranted a prolonged investigation. This represents a 17% of the increase of number of complaints handled when compared with the last financial year.

17. Table of cases received by Provinces

18. Table of cases Handled by Provinces

19. HIGHLIGHTS OF COMPLAINTS HANDLED • Since the Ukuthwala report that was launched the Commission has an increase of cases relating to forced marriages/ underage marriages. • Legal department has dealt with Umzimkhulu complaint where eight minor girls were promised in marriage to adult males. Another case involved a thirteen (13) year old girl child being forced to marry a member of the Shembe church. • The Commission successfully averted the planned marriage and the child was removed by DSD

20. HIGHLIGHTS OF CASES LITIGATED ON • Sehlare Royal Council vs Premier of Mpumalanga & Nkotobola Chiloane, case no 39737/2010 This is an application for withdrawal of recognition of Nkotobola Chiloane as Inkosi and recognition of Glory Chiloane as the rightful heir to the throne of the Sehlare Tribal Authority in Mpumalanga. CGE have been admitted as amicus curiae. 

21. HIGHLIGHTS OF CASES LITIGATED ON • Modjadji Florah Mayelane vs Mphephu Maria Ngwenyama and another, caseno CCT57/12 This is an application to the Constitutional Court from the Supreme Court of Appeal, on the validity of a customary marriage based on section 7(6) of the Recognition of Customary Marriages Act. CGE has been admitted as amicus curiae. The matter was heard on 20 November 2012 and judgement was reserved. • Nomaxhosa Sigcawu vs Mpendulo Sigcawu and others, Eastern Cape High Court This concerns a dispute and claim of chieftainship in terms of the Xhosa lineage. CGE have briefed attorneys and counsel.

22. Performance Overview- SO2 Protecting and Promoting Gender Equality • Advocacy, Awareness raising and Dialogues Consultative dialogue on sex work- this engagement was held on the basis of complaints received on violations of sex workers human rights and different stakeholders (FEDUSA, SWEAT, COSATU etc) had to be engaged with the view to address the plight of sex workers and inform the development of the Commission’s response to sex work. Women in Political parties- The Commission partnered with NDI-SA to assess level of participation of women in political parties. The target is to finalize the report in the next financial year.

23. Performance Overview- SO2 Protecting and Promoting Gender Equality Maternity benefits- The CGE facilitated a follow-up meeting emanating from national dialogue in partnership with COSATU on access to maternity benefits for self-employed women. A number of recommendations were developed, including but not limited to engaging Women’s Ministry and the Portfolio Committee on Labour on non ratification of the ILO Convention on maternity benefits and identification of possible test cases. The Commission further partnered with LRC to develop a full submission on embedding comprehensive protection of maternity benefits in labour legislation. Translation of materials – CGE mandate was simplified into a pamphlet and translated into 5 languages (Sotho, Tsonga, Afrikaans, IsiZulu, IsiXhosa)

24. Performance Overview- SO2 Protecting and Promoting Gender Equality Training on the Africa Gender and Development Index The United Nations Economic Commission for Africa(UNECA) developed the African Gender and Development Index (AGDI) in response to the challenge African member States face in implementing gender equality and Women’s empowerment commitments. The AGDI aims at measuring the inequality between women and men in Africa and assess progress made by African governments in tackling these disparities in line with their national, regional and international gender equality and women’s empowerment commitments.

25. Performance Overview- SO2 Protecting and Promoting Gender Equality • Training on the AGDI by two UNECA members for CGE staff members, commissioners and stakeholders such as Sonke Gender Justice, Stats SA and DWCPD was undertaken. The main aim is for the Commission to participate in AGDI III and assess the level of gender transformation since AGDI I which South Africa participated in, in 2006 • August Month Campaigns were conducted in each province under the theme “Working together to enhance women’s opportunities to economic empowerment” Interventions were conducted to ascertain and discuss obstacles to women’s economic empowerment • Collaborations

26. Performance Overview- SO2 Protecting and Promoting Gender Equality • As part of its 16 days of Activism campaign, the Commission joined the UN Women Orange campaign with the theme : “Unite to end violence against women”. The Commission also launched its report on 365 days National Plan of Action • Commission collaborated with SAHRC, PPSA on joint programmes on Water and Sanitation and Human Rights month • Commission also collaborated with Provincial Houses of Traditional leadership. Interventions focused on sharing the mandate of the CGE and developing partnerships to address gender inequality and discrimination in traditional communities.

27. OUTREACH AREAS COVERED

28. LISTENERSHIP COVERAGE The Commission has dramatically increased its outreach interventions through use of electronic media, through live interviews on mainstream and community radio stations

29. LISTENERSHIP COVERAGE • All 18 SABC radio Stations, Lesedi FM, Ukhozi FM, Ikhwezi FM, Forte FM, Munghana Lonene FM, Bush Radio, UNIVEN FM, Kasie FM, Tzaneen FM, Thobela FM, Motsweding FM, Ligwalagwala FM, Zibonele FM, True FM, Umhlobo Wenene Fm, Capricorn FM, Ikwezikwezi FM

31. 'Reveal equity plans' GOVERNMENT departments came under fire in Johannesburg yesterday as the Commission for Gender Equality forced them to reveal their employment equity plans.

32. Performance Overview- SO3 Monitoring State Compliance to International Conventions • The target outcome for monitoring CEDAW, Beijing and MDGs does not apply for the current reporting period. The Country reports should be finalised by 2014 for CEDAW and Beijing and 2015 for MDGs. For the reporting period the Commission has compiled three (3) draft reports which will be finalised in the next financial year.

33. Performance Overview- SO4 Effective, Efficient , Visible and Sustainable Institution Out of the 19 targets represented under this strategic objective, 14 were achieved and the 5 were not met. Most of the activities not achieved relate to IT Infrastructure upgrade which to a greater extent was due to limited resources. One of the targets related to making a request to NT to retain previously reported surpluses. This request was granted in June 2013 after the close of the FY Strategic objective 4.doc

34. 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 5 Indigenous languages to ensure reach

36. Thank you for your time Enkosi Ndolivhuwa / Ro livhuwa Dankie Inkomu Ngiyathokoza Siyabonga Kea leboha HAVE A GENDER RELATED COMPLAINT ???? REPORT IT TO 0800 007 709 TwitterHandle @CGEinfo