Women constitute more than half of the South African population and therefore their voices must be included when decisions are taken and laws are made. The inclusion of women in decision-making is a fundamental human right. Women should participate in law-making because the implementation of legislation and government policies has an impact on their daily lives.

More importantly, research has shown that when women take part in decision-making, it leads to an increased focus and allocation of resources that improve the quality of life of all. An increase in the participation of women in law-making can by extension lead to an improvement in access to basic services such as housing, education and welfare.

 

How can women participate in law-making?

The South African Constitution states that there must be public access to and involvement in Parliament and its processes. There are different ways in which this can be done.

Women can participate in law-making by voting for the political party they think can best represent their views and concerns in Parliament. They can also become involved in organising and working for their chosen party and being elected into its structures. Women have risen to decision-making positions in this way.

Parliamentary committees provide a platform for the public to present views directly to MPs. Share your thoughts, on-the-ground experience and expert information to the relevant committees. Critically, what questions should MPs pose to the Executive as they conduct their oversight work? Write to a Parliamentary Committee

The public has a right to attend parliamentary committee meetings and to participate in public hearings. If an issue is of great public interest, parliamentary committees may decide to hold public hearings or call for submissions/comments. [Here is a guideline for writing a submission]

 

What are the constitutional provisions enabling the participation of women?

The Constitution provides a framework for the promotion of gender equality, and therefore the participation of women in law-making. It contains several provisions that advance gender equality. The Bill of Rights guarantees equal treatment for all South Africans. It prohibits unfair discrimination on the basis of race, gender or sex. The Bill of Rights emphasises that measures must be taken to promote the achievement of equality in all spheres of society.

The Constitution also makes provision for institutions that support democracy, as well as for the participation of women. These include, among others, the Commission on Gender Equality and the South African Human Rights Commission.

In addition to the provisions made in the Constitution, South Africa has committed to gender equality through its ratification of international conventions such as, the Convention on the Elimination of Discrimination Against Women (CEDAW) and the Platform of Action, which was established by the Beijing Conference on Women in 1995. South Africa is also part of several African programmes of action and the advancement of women, e.g. the Southern African Development Community (SADC) protocol on gender and development.

 

What are the key structures for women to participate in law-making?

The first and most important way women can be involved in Parliament is during elections. How people vote in the elections determines the composition of both the National Assembly and the National Council of Provinces. The national election gives all people over the age of 18 the right to vote for the party of their choice. Women make up a substantial proportion of voters and can exercise their right to vote in order to influence how Parliament is made up, and how the institution prioritises the development of women.

Parliament has two dedicated committees for women, namely the Portfolio Committee on Women, Youth and Persons with Disability and the Joint Multi-Party Women’s Caucus, that focus on gender issues.

The Portfolio Committee on Women, Youth and Persons with Disability has an oversight function: it oversees the performance of the Department and the Commission on Gender Equality. Its core focus is the empowerment of women and other marginalised groups.

The Joint Multi-Party Women’s Caucus is more of an advisory body, and is a platform for women Parliamentarians to champion gender equality and women’s issues in and outside of Parliament, across party political lines.

Follow both structures to track their work and get involved.

 

What are the challenges facing women in participating in law-making?

There are many challenges that prevent women from playing a full and meaningful role, and the biggest one is poverty. Poverty is a struggle faced by many South African women, especially rural women.

Access to basic services such as education, water and welfare has been influenced by unequal gender, race and class relations. In order for women to fully participate in law-making, women’s access to basic services should be improved. Poor women have inadequate access to institutions that make laws.

The majority of women lack economic empowerment. Women are traditionally the poorest group in South Africa and more likely to be underemployed or unemployed.

 

Notably, violence against women remains one of the biggest challenges facing South Africa. Early this year, President Cyril Ramaphosa signed three new GBV laws aimed at strengthening efforts to end gender-based violence (GBV) in South Africa: the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, the Criminal and Related Matters Amendment Act, and the Domestic Violence Amendment Act. 

 

How well are women currently represented in Parliament?

According to Parliament’s current composition, the National Assembly comprises 46% women representatives, and the National Council of Provinces 36%.

After the 2019 elections, women's representation increased from 30% to 43% at a provincial level. 

 

What role can men play?

Men have an important role to play in achieving gender equality in South African society. More and more men are taking a stand against violence against women and children. Men must influence other men to change attitudes, and to respect women. Men and women have an equal and significant role to play in the transformation of gender relations in society. No society can be truly emancipated until its women and men are free and equal, and to this end, men and women bear a shared responsibility.

 

Conclusion

Gender issues should not be tokenised on days of commemoration. Instead, they should be visible throughout the year and not only on this month.

 

Source: www.parliament.gov.za (Excerpts from a pamphlet published by Parliament's Public Education Office )