ATC220906: Report of the Portfolio Committee on Women, Youth and Persons With Disabilities on the Petition Calling for the Assembly to Establish the National Council on Gender Based Violence and Femicide, dated 6 September 2022

Women, Youth and Persons with Disabilities

 

Report of the Portfolio Committee on Women, Youth and Persons With Disabilities on the Petition Calling for the Assembly to Establish the National Council on Gender Based Violence and Femicide, dated 6 September 2022

 

The Portfolio Committee on Women, Youth and Persons with Disabilities met on 15 March 2022 having considered the petition calling for the establishment of the National Council on Gender-Based Violence and Femicide, submitted by Ms N Sharif, referred to the Committee on 7 September 2021, reports as follows:

 

1. BACKGROUND

 

1. On 7 September 2021, Ms N Sharif submitted a petition on behalf of the Uyinene Mrwetyana Foundation calling for the Assembly to establish the National Council on Gender-Based Violence and Femicide. The Speaker of the National Assembly referred the petition to the Portfolio Committee on Women, Youth and Persons with Disabilities for consideration and report.

 

1. The Committee was briefed by Ms N Sharif and Uyinene Mrwetyana Foundation on the petition on 15 March 2022. The Committee was also briefed by the Department of Women, Youth and Persons with Disabilities in response to the petition.

 

1. PRESENTATION BY MS SHARIF AND UYINENE MRWETYANA FOUNDATION

 

Ms Sharif thanked the Committee for affording her an opportunity to introduce the petition on behalf of the Uyinene Mrwetyana Foundation (UMF). Furthermore, Ms Sharif provided a motivation as to why she introduced the petition in light of a background on the scourge of gender-based violence and femicide in the country. Ms Sharif concluded by outlining the following recommendations to the Committee:

 

1. That the Department of Women, Youth and Persons with Disabilities fast-track the establishment of the National Council on Gender-Based Violence and Femicide (NCGBVF).
2. The Department of Women, Youth and Persons with Disabilities report to this Committee on the progress of the establishment of the NCGBVF and must include feedback from Nedlac, feedback from their public participation and a timeline on when it will be tabled in Parliament.
3. That the Department of Women, Youth and Persons with Disabilities report to this Committee on the role of the GBVF Secretariat in the establishment of the NCGBVF.
4. That the Portfolio Committee visit the UMF in the Eastern Cape.
5. That the Portfolio Committee visit the Post Office to Parliament (P2P) Task Team in Cape Town as they conduct research on the postcards collected.

 

Having concluded her presentation, Ms Sharif then handed over to the Uyinene Mrwetyana Foundation to present the petition. The Foundation indicated in its petition that the National Council on Gender Based Violence and Femicide (NCGBVF) has not yet been established to implement the National Strategic Plan (NSP) on Gender-Based Violence and Femicide (GBVF).To this end, the Foundation made the following requests:

 

1. That the Portfolio Committee on Women, Youth and Persons with Disabilities take the appropriate measures to oversee the Department of Women Youth and Persons with Disabilities’ establishment of the NCGBVF. That the Portfolio Committee on Women Youth and Persons with Disabilities (PCWYPD) act swiftly and use all measures available within their powers to hold the executive account. That the PCWYPD ensure that the National Council on Gender-Based Violence and Femicide (NCGBVF) is constructed in line with the NSP-GBVF. Specifically, request that the model structure reflects that envisioned in the National Strategic Plan on Gender-Based Violence and Femicide (NSP-GBVF) and that the membership of the secretariat is 51% CSOs. The necessary funds for the establishment and operation of the NCGBVF must be made available to ensure the Council is able to implement the NSP-GBVF. Furthermore, we ask that the progress of the NCGBVF and the implementation of NSP-GBVF are made publicly available through the publication of reports.
2. The Portfolio Committee on Justice and Correctional Services to oversee the Department of Justice and Constitutional Development’s development of enabling legislation for the NCGBVF. This Portfolio Committee place pressure on the courts to hear the trials of Jesse Hess, Tazne van Wyk and Meghan Cremer.
3.  The Portfolio Committee on Police immediately capacitate DNA and forensic services, particularly in sourcing the chemical solution for analysing DNA. We request the Portfolio Committee on Public Service and Development to conduct a feasibility study on converting the Clareinch Post Office into a Wellness Centre similar to a Thuthuzela Care Centre, given that it is also next to the Clareinch Post Office. We request the and the Portfolio Committee on Social Development exercise the necessary legislative oversight over their respective executive departments while aiding the implantation of the NSP-GBVF and the establishment of the NCGBVF.
4. That the National Assembly hold the Presidency and the rest of the executive accountable for the delayed action in establishing the NCGBVF and implementing the GBVF. Urge all sectors involved in these processes to act decisively in ensuring that the fight against GBVF remains a priority for the State. Furthermore, request that a government body be designated to hold, process and store the letters we have delivered until they can be archived. That the PCWYPD and the DWYPD conduct a feasibility report on the conversion of the Clareinch Post Office into a wellness centre for survivors of GBV.

 

3. RESPONSE BY THE DEPARTMENT OF WOMEN, YOUTH AND PERSONS WITH DISABILITIES

 

1. The Department of Women, Youth and Persons with Disabilities responded to the petition    by indicating that their presentation purpose was to clarify the establishment of the Board of Trustees and provide an update on the development of the NCGBVF. Furthermore, the Department indicated that the Minister of Women, Youth and Persons with Disabilities intends to introduce the Bill to Parliament in the current financial year. The presentation of the Department also focused on the following:

 

• Principle elements of the National Council on Gender Based Violence & Femicide Bill.
• Background on the model structure of the National Council on Gender Based Violence & Femicide and the National Strategic Plan (NSP) on Gender-Based Violence & Femicide.
• Provided progress update and status update on the proposed Bill.

 

1. Given the background provided by the Department, the Board of Trustees route was completely abandoned by the Department as it started the process to establish the NCGBVF.

 

1. With respect to the Bill, the Department noted that it provides for the establishment of the National Council on Gender – Based Violence and Femicide (“the Council”); which as a statutory body responsible for providing strategic leadership on elimination of gender – based violence and femicide in South Africa. In addition, the Bill seeks to, inter alia; legislate for a multi – sectoral and inter – sectoral approach to ensure effective implementation of the National Strategic Plan on Gender – Based Violence and Femicide; and to provide for reporting mechanisms to facilitate the effective performance monitoring, evaluation and corrective action in the prevention of, and response to, gender-based violence and femicide in South Africa. Cabinet approved the Bill on 30 September 2021 and it was gazetted on 5 October 2021. The Bill was also submitted to Nedlac and was scheduled for discussion at the SPCHD Cabinet Committee meeting on 15 March 2022. The purpose of the submission to the Cabinet was request for Cabinet’s approval to introduce the Bill to parliament.

 

4. COMMITTEE OBSERVATIONS

 

The Committees having deliberated on the presentations by Ms Sharif, Uyinene Mrwetyana Foundation and the Department of Women, Youth and Persons with Disabilities made the following observations:

 

4.1 Uyinene Mrwetyana Foundation Petition

 

• The Committee welcomed the initiative taken by Ms Sharif on the petition by the Foundation. The Committee also supports the recommendations made by Ms Sharif.
• The Committee acknowledged the concerns raised in the petition and the proposed recommendations made by the Foundation.

 

4.2 Department of Women, Youth and Persons with Disabilities

 

• The Committees questioned when the consultation process on the Bill took place and whether the Uyinene Mrwetyana Foundation was invited to attend.
• The Committees enquired whether the Department considered the views of National Treasury in establishing the NCGBVF.
• The Committee enquired whether the 51% of representation of NGOs vs that of Government (41%) in the NCGBVF was resolved and how this transpired.
• The Committee queried how the Secretariat of the NCGBVF was coordinating work done by Government Departments in terms of GBV.
• The Committee sort more information about the Bill and what is envisaged in terms of the structure of the NCGBVF.
• The Committee was concerned about the slow pace of progress in establishing the NCGBVF as well as the implementation of the NSP on GBVF. To this end, the Committee enquired whether the Department had an intervention in place to fast track the implementation of the NSP on GBVF.
• The Committee questioned whether the Department had adequate capacity to establish the NCGBVF.
• The Committee also enquired whether there was a budget allocated to establish the Council and if yes, how much was used and on what given that the Council has not yet been established.
• The Committee asked which civil society organisations were consulted during the consultations on the NCGBVF Bill.
• The Committee asked when the Department would receive Nedlac’s inputs on the NCGBVF Bill and whether a time frame was allocated by which to submit their inputs.

 

5. COMMITTEE RECOMMENDATIONS

 

5.1 Ms Sharif’s recommendations

 

• The Committee notes and supports the recommendations made to the Committee.

 

5.2 Uyinene Mrwetyana Foundation

 

• The Foundation and other stakeholders should assist in awareness raising campaigns on issues of GBV. The Foundation should also extend its programmes to rural areas especially in the Eastern Cape and Limpopo Provinces.

• The Committee would continue to conduct astute oversight of the Department of Women, Youth and Persons with Disabilities insofar as the implementation of the NSP on GBVF is concerned as well as the development of the proposed Bill on the NCGBVF and the subsequent establishment of the NCGBVF.
• The Committee would bring to the attention the issues raised by the Foundation to the Portfolio Committee on Police and the Portfolio Committee on Justice and Correctional Services.

 

5.3 Department of Women, Youth and Persons with Disabilities

 

• The Department should make sure that its database is inclusive of all stakeholders to ensure that public consultations on issues such as the implementation of the NSP on GBVF is broadly consulted on.
• The progress report on the establishment of NCGBVF should be made public to ensure that community is aware of the latest developments.
• The Department should engage with the Department of Public Works and Infrastructure and the South African Post Office to explore the feasibility of converting the Clareinch Post Office into a wellness centre for survivors of GBV as per the Foundation’s recommendation.
• The Department should engage with the Foundation regarding the recommendation which relates to the postcards, how these should be processed and where these should be archived.

 

5.4 Department of Justice and Correctional Services

 

• The Department of Women, Youth and Persons with Disabilities should ensure that the Department of Justice and Correctional Service fast tracks the process of finalising the trials of Jesse Hess, Tazne van Wyk and Megan Cremer.

 

5.5 Departments of Public Works and Infrastructure & Communications & Digital Technologies and South African Post Office

 

• The Department of Women, Youth and Persons with Disabilities should ensure that the Department of Public Works and Infrastructure conducts a feasibility study to assess the conversion of the Clareinch Post Office into a wellness centre for survivors of gender-based violence.

 

Report to be considered