Presentation to the Portfolio Committee on Women, Children,

and People with Disabilities23 October 2013

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TABLE OF CONTENTS

1. Overview2. Constitutional Mandate3. Strategic Objectives4. Performance Overview5. Highlights 6. Conclusion

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.

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OVERVIEW Comparative for Performance between FY 2011/2012

and 2012/2013

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

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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

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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

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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

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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

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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

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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)

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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

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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.

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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

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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.

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Table of cases received by Provinces

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Nature of Complaint GP LP WC MP NW FS KZN EC NC TOTAL

Gender Discrimination 3 3 6 0 0 6 12 0 5 35

Domestic Violence 1 3 0 5 0 2 1 4 5 21

Maintenance 2 2 0 10 0 13 0 7 9 43

Divorce 6 1 3 0 0 3 0 2 7 22

Custody & access 3 2 0 0 0 4 0 0 0 9

Estate 4 1 0 14 0 9 0 0 2 30

Gender Based Violence 0 0 4 0 0 0 9 9 1 23

Sexual Harassment 2 1 2 0 3 1 2 0 1 12

Labour 0 0 3 31 0 3 0 1 3 41

Unlawful Eviction 0 0 0 0 0 3 0 0 2 5

Claim for Restitution 0 0 0 0 0 0 0 0 0 0

Tradition/ culture 0 0 0 0 0 0 0 1 3 4

Others 23 5 4 18 1 6 4 15 17 93

Total 44 18 22 78 4 51 28 39 55 339

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CONSULTATIONS 1st qtr 2nd qtr 3rd qtr 4th qtr TOTAL

Gauteng 6 41 22 17 86

Limpopo 0 28 32 43 103

Western Cape 0 9 1 1 11

Mpumalanga 0 0 5 10 15

North West 4 6 2 5 17

Free State 14 11 15 8 48

KwaZulu-Natal 3 7 2 5 17

Eastern Cape 18 20 25 18 81

Northern Cape 1 0 10 1 12

TOTAL 46 122 114 108 390

Table of cases Handled by Provinces

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

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HIGHLIGHTS OF CASES LITIGATED ON

o 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. 

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HIGHLIGHTS OF CASES LITIGATED ONo Modjadji Florah Mayelane vs Mphephu Maria

Ngwenyama and another, case no 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.

o 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.

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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.

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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)

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Performance Overview- SO2 Protecting and Promoting Gender Equality

Training on the Africa Gender and Development IndexThe 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.

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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

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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.

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OUTREACH AREAS COVEREDPROVINCE GEOGRAHIC AREASEastern cape Queenstown, Lusiksiki, Mthatha, Mdantsane, Peddie, East London, Nkonkobe, Idutywa,

Bende Village, Butterworth, Mgwalana Village, Mahlubini Village

Free State Tweespruit, Viljoenskroon, Steynrus, Welkom, Reitz, Ladybrand, Virginia, Kroonstad, Lindley, Arlington, Bloemfontein, Thaba Phatwa

Gauteng Johannesburg, Vanderbyl Park, Vereeniging, Hammanskraal, Carletonville, Pretoria

Kwazulu Natal Ulundi, Osizweni, Inkandla, Danhouser, Pietermaritzburg, Kwandengezi, Wartburg, Willowfontein, Creighton, Eshowe, Amahongwa, Newcastle, Kwashange, Kwa Pata, Esilezi

Limpopo Tzaneen, Burgersfort, Vhembe district, Capricorn district, Waterburg, Mopani, Polokwane, Giyani, Fetakgono area, Aganang municipality

Mpumalanga Nelspruit, Witbank, Bushbuckridge, White River, Sabie, Piet Retief, Lyndeburg, Clau Clau, Matsulu, Masoyi, Behuvula, Lothair, Mpakeni, Bethal, Vaalbank, Middelburg, Kanyamazane

Northern Cape Warrenton, Kuruman, Danielskuil, Kathu, Kimberley, Upington, Carnavon, van Wyksvlei, Vorsburg, Colville, Roodepan, De Aar

North West Mahikeng, Rustenburg, Makgobistadt, Bodibe, Magogong Village, Zeerust, Taung

Western Cape Saldahna, Worcester, Tulbagh, Stellenbosch, Wellington, Bredasdorp, Paarl, Cape Town, George

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

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Radio Station Average Day Listenership in 000

Ukhozi FM 3 651

Umhlobo Wenene 2 793

Lesedi 2 107

Motsweding 1 605

Thobela 1 535

Ikwekwezi FM 881

Ligwalagwala 730

Munghana Lonene FM 926

Capricorn FM 711

LISTENERSHIP COVERAGE

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

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'Reveal equity plans'

'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.

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.

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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

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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

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Thank you for your time Thank you for your time Enkosi Ndo livhuwa / Ro livhuwa

Dankie InkomuNgiyathokoza Siyabonga

Kea leboha

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

0800 007 709 Twitter Handle @CGEinfo

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