Gender Equality and GBV in Schools (monitoring and programmes)

Meeting report

The Chairperson said the Committee would focus on gender equality and issues of gender-based violence (GBV) in schools in the meeting today. Three departments were invited to discuss these issues -- the Department of Basic Education (DBE), the Department of Women, Youth, and Persons with Disabilities (DWYPD), and the Commission for Gender Equality (CGE). The South African Police Service would also make a presentation. The Department of Correctional Services had tendered an apology because they were appearing before their own Portfolio Committee.

Gender equality and GBV in schools

Department of Basic Education

Mr Likho Bottoman, Deputy Director: Social Mobilisation and Support Services, DBE, said the Department was going to be briefing the Portfolio Committee on the work related to school-related violence, gender equality in primary and secondary schools, and promoting gender-sensitive classrooms. The presentation outline would include an overview of facts about GBV, sexual abuse and rape, policy and frameworks, and the approaches by the DBE to end school-related GBV, along with recommendations.

The overview highlighted that GBV was widespread and pervasive among South African learners. It impacted all aspects of life, with women disproportionately affected. The burden was often twofold -- as victims, and due to the ripple effects of violence. Violence did not start in schools, it began in families.

Accurate statistics on GBV in South Africa were questionable due to a lack of reporting, which remained a key challenge. Population-based surveys reveal high rates of GBV, Intimate Partner Violence (IPV), and non-partner sexual violence among girls and young women. IPV was the most common form of violence against women and girls, with high levels of violence perpetrated by men.

Statistics from the situation analysis indicate that 19.8% of children had experienced child sexual abuse, which was higher than the global estimates of 18% for girls and 8% for boys. Additionally, 34.4% of children had experienced physical abuse, compared with the global average of 23%. According to the South African Police Service (SAPS), over 200 000 children had been victims of contact violence, and femicide was reported weekly. During the COVID-19 lockdown, children were most at risk at home, rather than at school, as they were confined with their perpetrators.

The DBE regarded GBV as a second pandemic, with 20-34% of children experiencing contact violence before the age of 18 years. Twelve percent of children reported neglect, and 16% reported emotional abuse. Cases of attempted rape against children increased by 4% from 2018-19 to 2020, with over 17 000 cases reported, excluding statutory rape cases related to early pregnancy.

In terms of policy and strategic frameworks, it was important to note that some of the intersecting vulnerabilities include violence, stereotypes, customary practices, disabilities and gender, which were significantly affected by GBV. Issues such as hunger force young women into exploitation. These vulnerabilities affect young girls and children from rural backgrounds, leading to low enrolment in schools, high dropout rates, and poor performance, exacerbated by poverty.

The DBE had the Care and Support for Teaching and Learning (CSTL) programme, which places the child at the centre of support. This child-centred approach involves collaboration with other sectors, departments, and organisations. The DBE works with the Human Rights Commission, the Commission for Gender Equality, and civil society organisations. As the Department lacked the resources to cover all areas nationwide, it targets high-burden areas using developed agencies and donor funders to support its work. Key pillars identified in the CSTL operational framework include a rights-based, socially inclusive, and cohesive school environment.

The DBE uses various policy and strategic frameworks, such as the national Curriculum and Assessment Policy Statement (CAPS) for life skills and life orientation, the Integrated School Health Policy (ISHP) with the Department of Social Development and the Department of Health, the National Policy on HIV, sexually transmitted infections (STIs) and TB, the policy for the Prevention and Management of Learner Pregnancy in Schools, the National School Safety Framework (NSSF), and protocols for reporting corporal punishment, sexual abuse, and harassment in schools. The DBE was also finalising guidelines on the management of unfair discrimination in schools and the socio-educational inclusion of diverse sexual orientation, gender identity, expression, and sex characteristics (SOGIESC).

The Department had faced several costly legal challenges, prompting the need for guidelines to assist school management teams and school governing bodies (SGBs) with social education inclusion. The prevention approaches to end school-related GBV were focused on five areas: curriculum and assessment implementation, learning and teaching support materials, teacher training and development, co-curricular and enrichment programmes, and care and support services, as well as advocacy and information. The curriculum includes the life orientation (LO) subject, which incorporates comprehensive sexuality education (CSE).

The DBE had developed scripted lesson plans for educators, with 36% of these specifically addressing GBV. The curriculum addresses bullying, personal safety, rape prevention, and reporting of sexual abuse, aiming to empower potential victims. The intermediate phase introduces topics like sexual grooming, bullying, and linking learners at risk to services. In the senior phase, the focus was on gender, consent, power and control in relationships, and assertive communication. The Further Education and Training (FET) phase delves more deeply into gender construction, consent, and power dynamics. The Learning and Teaching Support Materials include scripted lesson plans and workbooks for life skills, with new state-owned LO textbooks currently in development.

Teacher training and development includes in-service programmes like Gender Responsive Pedagogy for Early Childhood Education (GRP4ECE) and gender empowerment through child and youth agency peer education. The DBE emphasises the importance of addressing GBV to make progress in school-related violence. Schools were expected to hold assemblies quarterly to tackle GBV issues directly. The DBE was also working on providing accessible advocacy materials for children with disabilities.

See attached for full presentation

Department of Women, Youth and Persons with Disabilities

Mr Mandla Neku, Director: Gender-Based Violence and Femicide Secretariat , DWYPD, began by explaining that the Department's mandate was to lead socio-economic transformation and implement empowerment initiatives for women, youth, and persons with disabilities. The Department's work focused on these three sectors, prioritising gender mainstreaming across all government sectors and civil society. Its commitment was guided by seven principles, including bold leadership and a societal approach to GBV, emphasising prevention. It embraces a spirit of social cohesion and mutual accountability, which was why they were here to account for their progress and to review their work with these three constituencies.

The Department’s key focus areas include gender mainstreaming, integrating GBV priorities into their plans, and aligning with their policy and legislative frameworks. Their aim was to ensure that the priorities of women, youth, and persons with disabilities were reflected in national legislation and policies. Their advocacy work involves coordinating events such as Women’s Month, Youth Day, and Disability Rights, and the 365-day campaign to move beyond the 16 Days of Activism. The Department also worked on institutionalising the National Strategic Plan (NSP) by assisting departments with planning, ensuring NSP indicators were included in their plans, and coordinating with various departments and civil society for a comprehensive approach.

The Department implements and monitors frameworks like the Gender Responsive Planning Monitoring Evaluation Framework (GRPMEF), reporting to the Portfolio Committee on progress. The DWYPS reviewed 59 provincial reports submitted to the President, developing yearly implementation programmes focused on GBV and femicide. They consolidated reports from civil society organisations and various government departments for quality assurance before submission to the President.

For feedback, the Department makes presentations to the Director-Generals' cluster, and highlights departments that are not reporting. Initially, only 10 out of 35 national departments reported, but through accountability measures, this had increased to 32 out of 38 departments reporting on GBV work, with the Department of Basic Education (DBE) reporting 80% of GBV cases. The Department focuses on prevention as a key pillar, developing a comprehensive prevention strategy that has been approved. They would play a central role in implementing this strategy.

Professional procurement related to poverty aimed to empower women through tender allocations. Their sanitary programme ensures that women and girls manage menstruation safely and with dignity. In 2019, they had focused on quintile 1 and 3 schools, farm schools, and special schools. They emphasised quality standards to ensure sanitary products were safe for children. They also conduct awareness campaigns with teachers under the LO curriculum. A significant issue was the lack of women, youth, and persons with disabilities in the production and manufacturing of sanitary towels, though they were involved in distribution. They were exploring a transversal procurement contract with the National Treasury to address slow distribution and perceived violations of women's rights. They collaborate with United Nations (UN) agencies and the Department of Health, and conduct workshops and training in provinces to improve programme implementation.

South African Police Service

Maj Gen Thokozani Mathonsi, Head of Visible Policing and Operations, said that on 21 August, SAPS briefed the Portfolio Committee on the school safety programme and the collaboration between the SAPS and the DBE. Today, they would focus on GBV matters, specifically in a few provinces.

As mandated by Section 205, SAPS did not deploy officers directly in schools. However, they did intervene if incidents occurred at schools. For basic safety and security, there was no permanent police presence in schools. The SAPS had signed a memorandum of understanding (MOU) with the DBE in 2011, which they were working to revive and make more relevant to current needs. This MOU aims to enhance school safety and raise awareness about crimes in schools. They had also appointed school safety officers and linked 20 000 schools with local police stations. Their interventions include conducting awareness programmes to educate on crime prevention and build resilience against crime. They encourage schools to report issues to school safety officers or local police stations.

GBV awareness programmes cover topics such as domestic violence and statutory rape. SAPS had reviewed data from the last financial year, focusing on GBV awareness and teenage pregnancy. Long-term crime prevention strategies and evaluations of school safety officers were ongoing. Implementing and enforcing a bullying policy was crucial, along with considering basic security measures like access control which, while not directly addressing GBV, contribute to overall school safety.

Profiling vulnerable children was essential, with professionals in schools required to assess cases and conduct necessary evaluations before situations escalate.

In conclusion, SAPS supports schools through various initiatives to empower children and educators. Although they did not deploy police officers in schools, they remain responsive to incidents. Effective primary prevention in schools requires collaboration with other departments and entities.

Commission for Gender Equality

The Commission for Gender Equality (CGE) said it was an independent statutory body established under Chapter 9 of the South African Constitution, Act No. 108 of 1996. Its mandate, detailed in Section 187 of the Constitution, was to promote respect for, develop, and achieve gender equality. It was tasked with monitoring, investigating, researching, educating, lobbying, advising, and making necessary recommendations to support democracy and ensure compliance with both domestic and international frameworks on gender equality.

Its responsibilities include monitoring gender equality through various mechanisms. This involves court monitoring to oversee cases related to GBV, such as child marriages and ukuthwala, and other GBV crimes nationwide. The CGE ensures that trials are conducted fairly, witnesses are handled appropriately, and justice is delivered in a timely manner. Issues like delays in the court system, the handling of DNA results, and psychological reports were also scrutinised to avoid adverse effects on justice.

In addressing LGBTQIA+ issues, the CGE investigates cases of discrimination against LGBTQIA+ learners in schools. While acknowledging the progress made by the DBE in implementing inclusive policies, the CGE noted challenges arising from religious and cultural conflicts. Discrimination in accessing facilities and expressing gender identity in schools has been a significant concern.

The CGE also engages in parliamentary submissions, where it monitors and contributes recommendations on gender equality legislation. This includes the Prohibition of Forced Marriage and Regulation of Related Matters Bill, and the Basic Education Amendment Bill (BELA), which seeks to address GBV perpetrators. Investigations conducted by the CGE cover a range of issues across the country. For instance, in Mpumalanga, the CGE was monitoring a case involving a 13-year-old learner allegedly impregnated by a 21-year-old neighbour. Other cases include complaints against educators, which have led to suspensions and ongoing legal proceedings.

Ms Naledi Selebano, CGE researcher, said that since 2012, the CGE had undertaken extensive monitoring of various entities, including civil society and government departments. This included analysing the implementation of the 365-Day Programme from the Kopano Declaration, evaluating the Victims Charter, and assessing the National Council on GBV. The CGE had also developed an emergency response plan and continued to evaluate the national strategic plan (NSP) on GBV. The development of a GBV index was a key initiative, aiming to address gaps in data and provide a clearer picture of GBV beyond what was reported by the SAPS. The CGE's ongoing work was crucial in ensuring effective implementation of gender equality measures, and addressing emerging issues in the field.

See attached for full presentation

Discussion

The Chairperson said that this was the time for Members to engage and share their views on the issues related to the presentation. This applied to all presenters across all departments. She invited Members to discuss the presentations that had been made.

Ms N Mtshweni (MK) said that she had concerns regarding the DWYPD, noting that there were no interventions for people living with disabilities in rural areas. She pointed out that these individuals received no assistance and were often neglected at home. While the Department may provide support in townships and surrounding areas, children with disabilities in rural areas received no help beyond social grants, which parents often misused. Women with disabilities in these areas faced serious issues, including rape, and with distant police stations and a lack of awareness, cases often went unreported or unresolved. She requested that the Department increase support for rural areas.

Turning to the SAPS, she reported that, although the law did not permit them to guide schools, there was a need for a stronger relationship with the Department of Education. She highlighted the increasing crime rate, with children and teachers being affected, and criticised the lack of security at schools. She pointed out that school security guards were often unarmed, while criminals had access to weapons. She also mentioned that cases in South Africa took too long to investigate, and many remained unresolved, leaving communities living with criminals. She cited the high-profile case of the late Senzo Meyiwa, questioning why the investigation had not yet resulted in an arrest. She expressed concern for her own safety and that of others, as criminals used police uniforms and vehicles to commit crimes. She asked how the SAPS planned to protect their uniform and ensure safety for the public. (She made her comments in isiZulu). 

The Chairperson instructed the issue of interpretation services, noting that Members had the right to speak in Parliament in their preferred language. She then summarised Ms Mtshweni's points for those who may not have understood her intervention. She highlighted the lack of support from the DWYPD for women and children with disabilities in rural areas, the focus of the Department on townships and suburban areas, and the issues with SAPS regarding lengthy investigations and the misuse of police uniforms by criminals.

Mr L Komane (EFF), speaking in Pedi/Sotho, said that, in his view, the presentation was incomplete as it lacked representation from the Department of Justice, emphasising that it should have been present to contribute to the discussion.

He then remarked on the first presentation from the DWYPD, noting that the police were working hard to bring culprits to court, despite facing criticism. He expressed concern about people living with disabilities, pointing out that it was scientifically proven that all creatures had some form of disability. He argued that this should lead to a greater respect for people with disabilities. Some disabilities became apparent as people grew up, and he stressed the importance of involving people living with disabilities in discussions about their needs. He criticised the practice of discussing the issues of people in wheelchairs, without including those who do not use wheelchairs. He urged organisations and Departments to ensure that the right people were involved in such discussions to accurately address the needs of people with disabilities. He shared an example from Limpopo, where a school principal had been in tears over a child in a wheelchair who was not adequately supported due to high disability needs. He criticised the presentation as inadequate, and suggested that the work should be focused on the ground where people were in need, rather than in offices.

He lamented the lack of support for children with disabilities and the insufficient implementation of policies. On GBV, he called for practical implementation of ideas and detailed reports on progress in future. He expressed frustration at the lack of meaningful results and progress reports from departments, citing the example of the SAPS and DBE memorandum of understanding.

Ms D Christians (DA) raised concern about the high rate of abuse among children, with South Africa having one of the highest rates globally. She also expressed concern about discrimination against the LGBTA+ community, including pregnant learners, and questioned the DBE on how they ensured schools were equipped with GBV prevention programmes. She noted that areas with high violence levels, like the Western Cape and Gauteng, had fewer programmes, which she found concerning. She also questioned how rural areas were supported in rolling out these programmes, and how teachers were prepared to handle GBV cases.

She highlighted the lack of guidance policies for LGBTQIA+ learners, and inquired about the mechanisms in place to ensure these learners feel safe and receive support. She expressed concern about the issue of sanitary pads, and questioned the SAPS's response to school-based violence and the adequacy of police stations for handling child abuse cases. She also asked about the DWPD’s GBV awareness programmes and support for survivors.

Ms C Jordaan (DA) said that the DBE allowed learners to speak out against social ills such as GBV and substance abuse, and asked what steps were taken to integrate school counsellors and social workers into schools. She questioned the Department’s efforts to provide critical resources to rural schools and ensure GBV was included in educator training. She also asked about the effectiveness of the Department’s GBV programmes and the involvement of non-governmental organisations (NGOs) and civil society in school safety. She inquired about the benefits of linking schools to police stations and the effectiveness of searches and seizures in addressing violent crimes.

Ms N Mashabela (EFF) drew attention to the Commission for Gender Equality, highlighting the duty to report sexual offences against children under the Children’s Act and Criminal Law Amendment Act. She asked how many statutory rape cases had been prosecuted and how many individuals had been held accountable for failing to report. She queried the Commission's budget allocations and priorities, and its audit outcomes. She also inquired about the DWYPD’s financial reports on sanitary and dignity programmes, including budget allocations and the sustainability of these programmes. She requested details on the SAPS interventions, including provinces, districts, and schools. Lastly, she asked the DBE about resources allocated to address school-related GBV and the adequacy of these resources.

Ms P Xaba-Ntshaba (ANC) began by questioning what the DBE was doing about the discrimination faced by learners based on their sexuality, given that the South African Constitution protects these children. She also highlighted concerns about children in rural areas, such as those in Mahlubi and Mkhayisa, who were suffering due to high unemployment and lack of support. She expressed frustration with the Department’s use of complex language in their documents, and urged it to provide empirical evidence during Committee meetings. She also criticised the SAPS for not addressing drug sales near schools and for their alleged corruption, and questioned the effectiveness of measures like appointing school safety officers. She called for the Department of Justice to be involved.

Mr S Louw (ANC) said that there was a need for each department to effectively handle GBV, noting that many GBV cases were overlooked due to stigma and lack of resources, especially in rural areas. He questioned how school governing bodies (SGBs) were trained to handle sensitive GBV matters, and called for a more detailed presentation on the distribution of sanitary products. He also stressed the importance of collaboration among departments to address GBV and to provide clear information on the effectiveness and budget implications of their initiatives.

Ms L Ngobeni (Action SA) raised concerns about the condition of school infrastructure, which she believed undermines the impact of the sanitary dignity programme. She highlighted issues with local shops selling drugs to students, and questioned the effectiveness of current policing measures. She also addressed underreporting of GBV and the need for mechanisms to encourage students to report incidents without fear. She suggested that the Department should provide more information on how they handle statutory rape cases, and ensure that fathers were held accountable.

The Chairperson said that the CGE had to leave the Committee meeting because they thought the Committee might want to discuss important parts of their presentation. Written responses were needed on this matter. She also pointed out that the President had called for a national dialogue, asking South Africans to discuss national issues like teenage pregnancy and statutory rape. This dialogue should include stakeholders such as the Department of Social Development (DSD) and the SAPS.

While it had been highlighted that the Department of Health’s mobile clinics provide reproductive health services, this did not fully address the issue. The Chairperson noted that in rural areas, including those Members had visited, many young women who became pregnant dropped out of school and could not return due to a lack of childcare. This situation often led to a cycle of poverty. She stressed the need for a strong strategy that involves working with parents to tackle high rates of teenage pregnancy, even with free contraceptives available. The issue of statutory rape was also discussed, with difficulties in enforcing the law due to a lack of information and challenges with very young mothers.

Ms Ngobeni added that teenage pregnancy was a significant issue in the country. She also pointed out the need to police fatherhood, as the lack of this led to the country becoming a welfare state. She explained that this situation affects girls, who may become grandmothers and mothers, perpetuating a cycle. She stressed the importance of holding boys and men accountable for their children and ensuring they provide proper support. She suggested that the discussion should include the policing of fatherhood as part of addressing the issues they were presenting.

The Chairperson said that working with the CGE helped to highlight why so many young girls were getting pregnant in schools. She questioned how effective current initiatives were, and suggested that if they were working, they should be improved, but if not, alternative strategies should be tried. She asked for feedback on whether these initiatives were reducing GBV and bullying in schools.

She requested clear timelines for the tasks of the SAPS and the Department of Education, stressing the need for details on who was responsible and when things would be done. She agreed that SAPS's guidelines should be updated to reflect current issues and trends, and asked for timeframes for these updates. She also wanted a clear plan on how to enforce school norms and standards to ensure they follow constitutional principles. Additionally, she asked for an update on the provision of sanitary products to schools, and requested a written report on any gaps.

The Chairperson agreed with Members on the need for collaboration with other departments, such as the Department of Justice, Home Affairs, and Social Development. She suggested arranging presentations from these departments. She also noted that the DWYPD should work closely with the DBE to be more effective. Lastly,  she mentioned that the Committee would send questions for a written response, and set a deadline of five to seven days for submitting these responses.

Responses

The DBE explained that each year, 125 000 learners fall pregnant. One of their key strategies was to ensure that these girls could return to school after pregnancy. However, 80% of girls who became pregnant and leave school were likely to become pregnant again if they stayed out for more than six months. The DBE was working to address this issue and prevent a cycle of repeated pregnancies. Some schools expel pregnant students, but it was important to allow them to return. The DBE was consulting with communities and traditional leaders through a program called "Let’s Stop" and was open to invitations from the Portfolio Committee.

Regarding sanitary products, this issue was handled by the DWYPD or the DSD. A study from two years ago found that girls generally did not struggle to access sanitary towels. If there were any gaps, the DBE would address them. The Department also noted that the curriculum covers topics such as LGBTQIA issues, GBV, pregnancy, and bullying prevention, and online courses were available for teachers. There was a need for more focus on boys, as there were challenges in addressing issues specific to them.

Mr Bottoman added that the dialogue should cover all issues comprehensively. He mentioned that the President expected Premiers and Mayors to handle these issues, but proposed involving provincial executive council (PEC) members in the discussions.

Mr Prince Booi, Chief Director: Economic Empowerment for Youth, DWYPD, explained that funds for sanitary towels were allocated to provinces annually. KwaZulu-Natal had received R57 million out of R246 million for the current year. He mentioned exploring better procurement processes to ensure the timely delivery of sanitary towels, and conducting a cost-benefit analysis on reaching rural areas.

Mr Neku thanked the Committee for their work on sanitary towel programmes, and requested intervention to address challenges in the Free State. He highlighted the need for collaboration with various departments, including the DBE and the Department of Justice.

Lt Gen Tebello Mosikili, Deputy National Commissioner: Policing, said a seven-day feedback period would be sufficient for the SAPS, although some issues might take ten days to resolve. She assured the Committee about efforts to improve accessibility at police stations, and mentioned ongoing operations to monitor businesses near schools. She also highlighted the availability of crime-stopping services, like 0800 10111 and the mySAPS app.

Mr Komane requested that all presenters should introduce themselves properly and provide direct contact numbers of themselves.

The Chairperson added that information about presenters from different departments was needed.

The meeting was adjourned.