Violence Against Women & Access to Justice: hearings

Meeting report

JOINT MONITORING COMMITTEE ON THE IMPROVEMENT OF THE QUALITY OF LIFE AND THE STATUS OF WOMEN
8 November 1999
DOMESTIC VIOLENCE IN SOUTH AFRICA: HEARINGS

Documents handed out:
Commission on Gender Equality submission (Appendix 1 - attached to end of minutes)
Letter from Judge Edwin King, Judge President
'The Real Crisis: Gendered Violence and 'Rape and Other Forms of Violence against Women' (Ms Govender's speeches in Parliament: 20/10/99 and 26/10/99)
Report on Domestic Violence and Women with Disabilities submitted by Hendrietta Bogopane & commissioned by Dept. of Justice (May 1999)
Gender Advocacy Programme: Barriers to Implementation of the Domestic Violence Act of 1998
[email [email protected] for these documents]

Letters of support to the committee from:
Gender Monitoring and Advocacy Collective
FAMSA (Family and Marriage Society of South Africa)
WACA Advice Centre
Rape Crisis - Cape Town
Women's Media Watch
Mediaworks

MINUTES
These public hearings aim to examine access to justice in the context of ending violence in the home and in the rest of society. It is important to send out a message that violence against women is unacceptable wherever it occurs.

The Chairperson, Ms P Govender (ANC), explained to the committee and public that the hearings had only been set down at the last moment. This had made it difficult to advertise the hearings properly. Nevertheless there had been numerous responses from women's organisations.

The initial meeting of the committee in October had been inaccurately reported which led to the controversy on judicial independence and the real issues of violence against women had not been properly addressed. Ms Govender indicated that the Judge President of the Cape Town High Court, Judge Edwin King, had extended an invitation for six committee members to meet with an equivalent number of judges for discussions. She thought this would be the proper way forward.

It was decided that the whole committee would like to meet with the judges and Judge King will be asked to increase the number of delegates accordingly.

Submission by Commission on Gender Equality
A delegation of six, led by Phumelele Ntombela-Mzimande (Deputy Chairperson), presented the Commission's submission. Each member talked to the written submission which had a number of sections.

The submission made the following points:
Violence was certainly part of South Africa's past, a country with colonialism, apartheid and oppressive traditional and cultural practices. South Africa now has to deal with a legacy of apartheid, patriarchy and poverty all of which have a direct bearing on violence against women. Poor women have fewer options for leaving violent family relationships.

There are considerable problems in helping women such as the failures of the police and sheriffs to act out their duties and an absence of shelters to help women, particularly in the rural areas. The justice system needs changes as there is a reliance on stereotypes and a flouting of mandatory minimum sentences. The way rape judgements are made highlights the social problem around violence against women. Debate on the reporting of rape has given undue attention to the accuracy of the statistics rather than the extent of the problem.

There is often sensationalism in the reporting of rape which undermines the issues. Very little publicity is given to cases where the perpetrator is known to the victim as well as to domestic violence. The result is that although the public's awareness of the issue is raised, a false impression of the nature of the crime is often created.

The nuclear family is often depicted as the norm in South Africa's media, despite the reality that more South Africans belong to extended family units, blended households or female-only households. The portrayal of violence against women in the media is often far removed from women's experiences of gender-related violence.

Questions and comments by members
Ms J Benjamin (ANC) raised the point that there was a lack of appropriate training for health workers and social workers to properly help rape-abused women.

Ms S Vos (IFP) raised the issue that the police force needs to be screened to ensure they have decent attitudes to gender equality, particularly when taking into account the numbers of rapes that are taking place in police stations.

The need to monitor legislation was also discussed. There needs to be gender-sensitive drafters to oversee what access there is in the legislation.

Ms Ntombela-Mzimande of the Gender Commission pointed out that many of the questions raised were national policy issues and were beyond the scope of the Gender Commission.

The afternoon session was not covered. The National Network on Violence against Women and ADAPT presented submissions.

Appendix 1:
Commission on Gender Equality

1) Introduction
The Commission on Gender Equality welcomes the opportunity presented by these hearings. We congratulate the Parliamentary Joint Committee on the Improvement of the Quality of Life and Status of women on their work during the first democratic parliament of South Africa and we are confident that your work during the second democratic parliament of South Africa will be similarly commendable.

We sincerely hope that these hearings can function as a turning point in the history of violence against women in South Africa, a history that has its beginnings in patriarchy. We hope to see this turning point materialise in the form of increased public debate, an inter-ministerial approach to the issue and indeed a firm commitment on behalf of all sectors of the government, the private sector, media as well as everyone in South Africa. We hope it will further entrench the understanding that violence is never an option in solving domestic problems.

2) Outline of presentation
Our presentation today will take the form of a panel that will present as follows:
· Violence in the South African context
· A review of complaints received by the Commission on domestic violence and access to the justice system
· Complaints on media reportage
· Recommendations

3) Violence in the South African context
The Violence of our past! Traditional wisdom has it that the cause and effect of a problem are not closely related in time or space. Thus, the cause of domestic violence is to be found not only in what we see before us today, rather we would better able to identify it in our history. South Africa's history is one of colonialism, apartheid and oppressive traditional and cultural practices.

Colonialism is the systematic domination and control of the other. This domination is achieved by the violent destruction of the individual sense of self. It is further impacted on by physical violence designed to ensure that the other is made aware of its "place" within the broader social dynamic. Living in a national state permeated by a colonial mentality and exacerbated by the destructive and debilitating effects of apartheid, South Africans have gained an excellent induction to violence. It takes no stretch of the imagination to understand how this system of repression and oppression has been replicated in South African homes.

It is common perception that the rates of violence against women has increased since 1994, as though apartheid had prevented violence against women or that the end of apartheid has meant an increase in violence against women. Those who chose to believe this also chose to ignore the fact that prior to 1994, few South African men and women had access to the judicial system in the manner that they do today. Police stations indeed the entire judicial system of the time was off-limits to the majority of the population. They would do well to recall that in 1989 already a Rape Crisis newsletter reported that "the violent attack of rape happens every five minutes in South Africa".

There is a further correlation between violence and poverty. The economic system of apartheid has resulted in higher levels of poverty for blacks than for whites and further higher levels of poverty for women than for men. As men went to mines and other areas to seek work, women remained in homelands and rural areas tending the meager, infertile land in an attempt to feed their families. The bifurcation between a migrant male proletariat and a secondary female peasantry (Mazrui:1990:179-185) in addition to the commonly known racial apartheid, forced the entrenchment of a gender apartheid. Hence the violence of the state accompanied by oppressive cultural and traditional forces saw South African women suffer a compounded form of violence within their homes.

Poor women have limited alternatives and fewer options for leaving violent family relationships. This accompanied by the fact that young women are more likely to be engaged with family responsibilities limits their options for entering the job-market. These circumstances can often mean a lifetime of violence as young girls leave violent family homes, only to enter into violent relationships with partners. Their limited economic viability leaves them with little choice but to remain in these relationships, and soon violence becomes a life-style perpetuating itself into the next generation.

The Center for Violence and Reconciliation has confirmed this saying "There is evidence to show that African women, who are undoubtedly the poorest sector of our society, are more than ten times likely to experience an incidence of violence compared to their white counterparts. Recent South African police statistics show that levels of rape are often highest in provinces which are economically less developed."

Hence the high incidence of domestic violence in South Africa is clearly a manifestation of the inherent violence of the social systems that have developed through the troika of oppressions of apartheid, patriarchy and ultimately poverty.

4) The Justice System
4.1 Introduction
The Commission on gender Equality commends parliament and every other individual and organisation involved in the process of developing the legislative framework around domestic violence. The strides that were taken this time to ensure that the Domestic Violence Act passes in its present form were insightful, innovative and at times bold. The extension of cover provided in the new Domestic Violence Act and the duties places upon public bodies in the Act can only be welcomed.

Violence against women is linked to the subordinate status of women in society and is therefore about power relations. The law is itself a component of patriarchal control - yet it is at the same time a tool which could be utilised to achieve gender justice and equity.

The incidence of domestic violence in this country is, like any other crime, high. The severity of it is not only experienced in the private domain where it actually occurs, but also at the hands of officials in the public sphere when help is sought. This secondary abuse manifests itself in a variety of ways and is not limited to some public institutions. It happens in any of those offices charged with the function of providing assistance. Yet again it does not mean that all public officials are guilty of this abuse.

4.2 Complaints received by the Commission in regard to the justice system relate to the following areas:
4.2.1 South African Police Services
Failure to provide a sanctuary to women and others survivors when this is required. Many reports have been of police officers who dismiss allegations made by women and other complainants (even men). In some cases women are told to go back to their homes - abusive circumstances- without any police response being provided. In other cases men have also been ridiculed by police officers. In summary, the attitude of SAPS towards domestic violence is appalling and further exposes survivors to harm
Where Warrants of Arrest have been issued, there have been reports that the police still fail to apprehend the abusers, that is without even making attempts at arrest..
It has been reported on many occasions that survivors are told to accompany the police and to point out perpetrators despite having supplied the correct addresses.
Allegations of sexual advances by police officers have been reported. This increases the vulnerability of survivors.

Sheriffs
Failure of Sheriffs to serve interdicts in informal settlements and rural areas
Allegations that provision of such services in these areas is not possible due to lack of infrastructure, roads, street names, house numbers etc.
Continued demand for services fees to be paid prior to service
Interdicts required to delivered by applicants themselves
Absence of sheriff services in some rural areas

Information
The fact that women do not know their rights exacerbates matters. The problem that is experienced by many NGOS's and CBO's in accessing resources from the state to carry out this function has been reported. Obviously without this women will not be able to exercise their basic human rights and will continue to suffer.

Justice
Lack of follow up mechanisms in the handling of the domestic violence cases which otherwise ensure that proper analysis is done on number of breaches committed and therefore appearances. Numerous reports of breaches are made both to the CGE and other role players, yet the number of appearances in courts by the respondents does not correspond with the complaints.
Complaint that a particular court has decided to change the law by issuing peace Orders instead of interdicts on the basis that no sheriff services are available in the rural areas surrounding that court
Giving interdicts to applicants to serve them on the respondents when the former do not have money to settle sheriffs fees. This in spite of the arrangement that the Department has made for the payment of sheriffs fees in the case that applicants are unable to pay. This exposes survivors to even more danger as they do not even attempt to "serve" as it where

Shelters
Absence of shelters to provide temporary safe housing for women seeking to leave abusive relationships and homes. It has been proven that if there were safe heavens for survivors of domestic violence, many would be prepared to seek legal assistance. The interdict and protection orders offered by the Acts do not provide sufficient safety for women in highly abusive relationships. Shelters can provide the crucial "safety link" between the legal rights made available in the Act and the protection women need.

Rape Judgements
Recent judgements on rape cases have raised more than a few eyebrows - not just from the women's movement but from society as a whole. This emotional and justified response is characteristic of a people who fear that the scourge of rape in this country is destroying the lives of women and their families, and that the few institutions such as the judiciary, who have the power to do something about it, are failing to do so.

These judgements are however symptomatic of broader social problems around violence against women. They highlight the fact that when rape is purely a legal consideration, it hides the reality that rape is a manifestation of discrimination against women and a consequence of gender inequality.

Minimum mandatory sentences are often seen as an infringement on the independence of the judiciary. However, the Commission believes that in a situation where the criminal justice system is not yet gender-sensitive and aware of women's realities, these minimum sentences are a step in the right direction. This was vividly illustrated in a number of cases over the past year. Two of these are the now well known "Foxcroft" judgement and the "Dirk Kotze" judgement - where Judge Kotze stated that the separate attacks on two 15 year old girls were the "result of the virility of the young man" and that one of the girls had been "stout" (naughty) because she'd had sex two days before. These decisions were made despite legislation mandating minimum sentences in such cases.

The Commission is concerned about the views that the judiciary takes on women which reveals a reliance on stereotypes and which indicate that women collaborate in crimes which are committed against them. These concerns have specifically led to the Commission embarking on research on this issue. The findings will be made public as soon as they are available.

4.3.1 Statistics on the reporting and non-reporting of rape
The debate about the accuracy of rape statistics, more especially the South African Police statistics that 1 in 36 rapes are reported, first surfaced over a month ago. Recent criticism of these statistics has added impetus to this discussion. Indeed, this has also been the talking point amongst many women's organisations and the broader women's movement who are appreciative of the fact that this discussion is happening.

Our concern here relates to the fact that the emphasis in the debate has been placed on the accuracy of statistics rather than the extent of the problem. These statements could sow seeds of doubt about whether rape has really reached epidemic proportions and whether it has been and still is one of the biggest threats not only to women's safety and security but to their freedom.

The debate on whether statistics on non-reporting of rape are accurate - raises two potentially explosive situations. Firstly, it has the potential of negating the reality which South African women face every day of their lives - the real possibility of being the next rape victim. Secondly, it calls into question whether or not South Africa is in fact facing a rape crisis/epidemic. For the many women's organisations in our communities who, on a daily basis, provide assistance and support to women who have been raped, there is indeed a crisis. To the millions of women who fear for their own safety and that of their children it is indeed a crisis.

All over the world the issue of the reporting of cases on violence against women, and rape in particular is only the tip of the iceberg and reflects how society views and treats women. The lack of support by families and friends, fear of being ostracized and alienated, taboos around violence against women and other cultural beliefs act as a deterrent for women, who find are victims of sexual violence. In addition, the gun culture and fear of being killed by perpetrators who are in most cases known to the women also prevent women from reporting. Who can forget the rape and killing of Valencia Farmer who was raped and stabbed to death numerous times by men she knew. It took this kind of brutality to get the community to eventually respond.


4.4 Responses by the Women's Movement
The Commission on Gender Equality would like to express its gratitude and appreciation to the many women's organisations that dedicate their lives to the assistance and support of rape survivors. These organisations often take on tasks that should in actual fact be fulfilled by government. They do this with very little, if any, assistance from government. Their dependence on donor funding and donations, and their very limited capacity often means that they cannot do much more than provide counseling and information to rape survivors. This limited capacity often prevents them from engaging in debates through the media. The immediate needs of survivors also mean that organisations do not have time and resources to engage in political work, like lobbying and advocacy - which are much needed in the struggle to transform society's and the judiciary's attitude towards the crime of rape and towards rape survivors themselves. Consequently we do not see many organisations participating and engaging with these issues in the public arena.

The Commission on Gender Equality believes that role of NGO's and CBO's are critical to the building of a just and equal society. They work closely with people in our communities. We can say without a doubt that their existence has made our society a better one - where women are able to find some solace from a harsh world.

4.5 Budget Allocations and Constraints
Throughout our submission we have highlighted the need for more resource allocation to dealing with violence against women. It is a fact that economic policies often contain a strong gender bias and there is therefore a need to emphasise that concerns and needs of women need to be integrated into all policies and programmes. Explicit consideration needs to be given to the current position of women and how policy impacts on them. This would enable resources to be used in a gender sensitive way.

The National Budget is the tool through which the state manages economic and social development. It is in relation to the budget that we should ask the following:
In allocating and using financial and other resources, has the state taken into account the causes of violence against women, who it affects and therefore what resources are needed and how these should be allocated?

Further, we agree with the issues that the Committee on the Improvement of Quality of Life and Status of Women has raised in relation to the national budget. One of these questions is why (in terms of the Justice vote) there is no specific allocation to a coordinated strategy to combat violence against women?

The Commission believes there has not been a substantial move towards a reprioritisation within the national budget that takes into account women's needs. The same kind of resources which are being allocated for defense and security must be allocated to justice, health and counseling services.

We note with cautious optimism the recent announcement by the Minister of Finance that a significant amount of money will be allocated to improvements in the criminal justice system. However, we fear that women may once again not be at the benefiting end of the cash injection. We would like to request that some of these resources be put towards addressing the issues we have raised and which no doubt, many of the organisations here today will be raising. Other considerations include the fact women continue to be marginalised in the provision of legal aid and the funding of more shelters is till not a reality.

4.6 The Private Sector
We would also like to challenge the private sector who have gone to great lengths to protect their investments, to also put their money into social causes. There are hundreds of women who work in this sector, yet very little has been forthcoming from them in terms of specifically addressing violence against women.

4.7 The Role of the Commission on Gender Equality

In terms of its legislative mandate the Commission on Gender Equality is closely monitoring the developments in this area. In addition to this we are doing the following:

Continuing to engage with organisations and stakeholders who work and have an interest in this area;
Conducting more detailed research on the rape judgements being handed down;
Engaging with the Judicial Services Commission on whether the Constitution should be amended to include the Commission on Gender Equality in the JSC to ensure the appointment of a more gender-sensitive judiciary;
Conducting research around the drafting of the sexual offences legislation and other legislation impacting on women.
Receiving complaints from the public and investigating them. We have received complaints on a number of issues including maintenance, sexual harassment and social welfare. We are also putting in place a comprehensive system, including a database, which will enable us to analyse the complaints we receive. In this regard we would be able to identify systemic trends in gender discrimination which would allow us to make either societal or individual interventions.

5) Violence against Women and Media Reportage
The Commission on Gender Equality would like to begin by acknowledging the advances made by the media, both in the amount of coverage given to issues of violence against women, and the more sensitive nature of the coverage. Historically, the South African media had a tendency to either ignore violence against women, or portray women as passive victims. A 1998 report by the Media Monitoring Project showed that slowly, women are beginning to feature as survivors of violence, rather than helpless and perpetually suffering victims of men.

The media has begun to form better relationships with civil society, and institutions such as the Commission on Gender Equality. There have also been several important partnerships between the media and organisations working with issues of gender equality, resulting in public education initiatives such as Soul City.

Media interest played an important part in putting issues such as rape on the national agenda.

However, the Commission still has significant concerns with regard to the manner in which violence against women is reported, and concerns regarding the regulatory bodies and mechanisms for addressing complaints about reporting on violence against women.

5.1 Reporting on Rape
5.1.1 Sensationalism
While the Commission considers the heightened coverage of rape a positive development, the value of this coverage is frequently undermined by the media's propensity to sensationalise. Rape cases which receive media attention tend to either involve extreme and sadistic violence, or bizarre circumstances. Thus, for a place in the headlines, the case needs to involve a two year old infant gang-raped by other children; or a centenarian grandmother raped by her own grandson; or a women whose face is severely burnt by her rapists.

Very little publicity is given to cases where the perpetrator is known to the victim of the violence; where other forms of coercion, such as the threat of violence, are used; or cases where the rape occurs within a marriage or relationship. Such cases are in fact the norm - but no one relying on the South African media for their information would be aware of this fact.

The result of the sensationalist approach is that although the public's awareness of the issue is raised, a false impression of the nature of the crime is created.

Ironically, the media's tendency to seek the sensational recently generated a controversy which jeopardised these very hearings. The initial, and utterly incorrect, reports that the Joint Monitoring Committee on the Improvement of the Quality of Life and Status of Women intended to summons a member of the judiciary caused a public outcry, and has detracted from the real purpose and processes of these hearings. This incident should be cause for introspection amongst journalists and the general public as consumers of media. Why was the misinformation so readily picked up and repeated by the media? Why did factual information on these hearings generate relatively little publicity? Similarly, what does it mean when a politically-charged debate on rape statistics receives more coverage than actual incidences of rape, or anti-rape initiatives? Perhaps this is the time for re-evaluation of what is considered news-worthy, and why.

5.1.2 Stereotypes
As with sensationalism, reporting which relies on stereotyped portrayals of perpetrators and victims of violence provides a skewed impression of the crime of rape.

Stereotyping by the media draws on prejudices about women's sexuality, and creates a hierarchy of what constitutes a "good" and believable victim. If the survivor is young and a virgin, if she is middle-class, or if she is a what can be termed a "respectable mother", then her story is likely to reported in a sympathetic manner. However, if the woman does not fit the stereotyped image of a victim, and particularly if she is sexually experienced, she is likely to be portrayed as either a manipulative liar intent on destroying a man's reputation, or having invited the rape through her clothing and appearance.

Stereotypes about perpetrators are also perpetuated by the media. As previously noted, the majority of rapists are literally the average man next door. Nevertheless, the stereotype of the deranged stranger lurking in a dark alley persists. Public outrage is easy directed at perpetrators who are members of a gang, or exhibit other criminal behaviour. But when the accused is a businessman, a husband, a school prefect or a celebrity, the slant given to media reports is likely to be very different.

A case in point is the initial coverage of the Makhaya Ntini rape trial. Much attention was focused on the effect of the case on Mr Ntini's promising sporting career, in contrast to the outrage expressed in coverage of cases involving alleged perpetrators who do not have wealth or prestige.

5.1.3 Confidentiality
The practice of protecting the identity of protecting the identity of rape survivors has long been established in the South African media. Recently, increasing numbers of rape survivors have been speaking out and disclosing their identities. The Commission welcomes this development, as we believe it contributes to lessening the stigmatisation of rape survivors, and begins to shift the shame of rape to the perpetrator.

However, the Commission is concerned that the new openness on the subject of rape may lead to a violation of the survivor's right to privacy, and may leave her open to victimisation in a society in which many prejudices remain. It is important that survivors are given the choice of disclosing their identities.


Reporting on intimate femicide
Another form of gender based violence which is receiving increased media attention is intimate femicide, the murder of women by their husbands or intimate partners.

In cases where women murder their husbands or partners, newspaper headlines tend towards sensationalism, emphasising stereotyped ideas that violence by women is in some way more unnatural than violence by men. Women who kill are demonised and portrayed as evil monsters, and headlines typically use words such as "Black Widow Killer". Such cases usually receive a great deal of media attention.

In contrast, cases where women are murdered by their husbands or intimate partners are often reported in a manner which minimises or obscures the nature of the crime. The following headlines, quoted in the Rhodes Journalism Review, are revealing:

"Women dies after row"
Sowetan, 30 June, 1997

"Suicidal cop fights for his life"
Sowetan, 12 August, 1997
(The policeman had killed his girlfriend before attempting to kill himself)

"Policeman among 3 killed as lovers' tiff ends in tragedy"
Star, 25 August, 1997

"Wife killed after argument over pie"
Source unknown
In these headlines, the fact that a woman has been murdered by her husband or partner remains unclear. Rather than allocating blame, the headlines and stories focus on an argument (often termed a "tiff" or "lovers' quarrel") as the cause of the death. The language used often suggests that the woman is to blame for causing her husband jealousy, or the death is simply termed a "tragedy". If the killer subsequently commits suicide, this becomes the focus of the article, rather than the murder. The murder is sometimes trivialised, as when a woman who was shot in the head after she objected to her husband feeding their infant a pie is described as being "killed after argument over pie". There is seldom any acknowledgement that such murders are linked to gender-based violence, and that femicide is usually proceeded by a history of domestic violence.

Similar reporting styles are used for cases involving family murders. Last week, on Thursday the 4^th of November, radio news bulletins carried the story of a farmer who had shot his wife and three children before committing suicide. The news item on SAFM ended with the words, "The police do not suspect foul play." The use of these words, usually a reference to suicide, indicates that in the minds of the police, the reporters (and presumably the killer) the woman and children exist as appendages of the man: they are not murdered, they merely become part of his suicide.

Such reporting is cause for concern, as it can serve to reinforce beliefs that women are the property of their male partners, that murder and violence are an inevitable part of love, and that the life of a women has less value than that of a man.

Reporting on Domestic Violence
In comparison to rape, the issue of domestic violence has received relatively little coverage from the media. This may be due to the traditional division between the public and private spheres, in terms of which, violence within the home is considered a private, family matter, rather than an issue of public concern, warranting media coverage.

Where domestic violence is featured, it tends to be in relation to celebrities, such as Tracy Going and Peggy-Sue Khumalo. Reporting in these cases contained sensationalist elements, focusing on the women's glamorous lifestyles and giving details of injuries which marred their beauty. As with femicide, the language used often gives the impression that domestic violence is a normal part of "tempestuous love affairs", rather than a crime. For example, an article in the Star described an incident of domestic violence involving a celebrity as a "bruising love battle".

Despite the fact that approximately one in every six women is subjected to domestic violence, the experience of ordinary women is not reflected in media reporting. In effect, these women are rendered invisible, and domestic violence is not considered a national priority in same way as crimes such as rape.


Media: The Context
The Commission on Gender Equality welcomes recent initiatives by the media to include educational items of violence against women in publications and programming.

However, the impact of public awareness campaigns and more sensitive reporting can be undermined by the context in which they appear. For this reason it is important to look at how women, gender roles, and violence are depicted in the media, beyond news reporting and educational messages.

For example, the Commission recently received the following complaint with regard to comments made on Highveld Stereo:

Complaint Against Tony Blewitt

In September 1999, after a news item on allegations of sexual assault against a USA sporting star, Tony Blewitt, a disc jockey on Highveld Stereo, commented that the case was similar to the rape case involving boxer Mike Tyson. Mr Blewitt went on to make remarks to the effect that since the young woman in question had socialised with Mike Tyson, she could not really have been raped.

The Commission wrote to Mr Blewitt, explaining why we found his remarks problematic. To date, Mr Blewitt has not seen fit to respond.


Radio is a powerful medium, reaching millions of South Africans, which makes it an important resource in raising awareness on issues such as violence against women. However, the attitudes of disc jockeys and presenters can serve to reinforce prejudices, despite careful journalism and informative programming.

Recently, the banning of an anti-rape advertisement featuring Charlize Theron generated a great deal of media attention. The Advertising Standards Authority ordered the advert to be removed after receiving a complaint by 28 "concerned men". Ironically, the advertising industry's regulator, the Advertising Standards Authority, does not have a mechanism to address complaints with regard to the stereotyped portrayal of women. After an appeal, the anti-rape advertisement was reinstated. However, it is likely that this message will be screened between other advertisements which feature women as decorative objects, available to men as a reward for their prowess.

In addressing the issue of the portrayal of gender stereotypes, it is necessary to challenge the contention that advertising and the media merely reflect reality in an objective manner. What is presented as reality may in fact be the perspective of a powerful group within society, or, in this age of global communication, may be influenced by concepts which are not appropriate to the South African context. For example, the nuclear family is often depicted as the norm in South African media, despite the reality that more South Africans belong to extended family units, blended households and female-headed households. As outlined above, the portrayal of violence against women in the media is often far removed from women's experiences of gender-related violence.

It should also be noted that the media sometimes finds it appropriate to portray an ideal rather than the reality, in the interests of fostering values and principles believed to be in the public interest. A forthcoming study on gender and advertising, conducted on behalf of the Commission on Gender Equality, reveals that advertisers had made a conscious decision to portray a racially integrated and equitable society, in order to contribute to nation-building in our young democracy. However, there appears to be no similar awareness of a need to redress gender inequality.

Regulatory bodies and compliance mechanisms
In discussing the right to freedom of expression, it is also important to acknowledge the role of the regulatory bodies which have been established to ensure that the other human rights enshrined in the Constitution are respected by the media.

The Independent Broadcasting Authority
In spite of recommendations made by the Commission on guidelines on the representation and portrayal of women in the media, the use of non-sexist language, and specific recommendations for reporting on violence against women, the IBA's proposed Code of Conduct has only a few points on violence against women and degrading sexual conduct. Ironically, while the Code of Conduct stresses that broadcasters should refrain from stereotyping women as victims of violence, the Code of Conduct does not address any gender or women's issues besides violence against women. In addition to this, the proposed code appears to place women and children in the same category, as "groups needing special protection".

The Commission has developed a good working relationship with the IBA, and will continue to engage with them on these issues.

The Advertising Standards Authority
As previously noted, The Advertising Standards Authority Code of Practise does not include a specific section of clauses to address issues of gender representation and discrimination. The code contains provisions for addressing complaints related to gratuitous nudity and indecency, and gender discrimination (although the code does not include a definition of gender discrimination), but the ASA has not been able to address complaints related to the portrayal of women or gender representation.

The ASA has identified this as problematic, and is presently engaging with the Commission on the possibility of including such a clause in the Code of Practise.

The Press Ombudsman
The Press Code of Conduct has no specific provisions on reporting on violence against women, besides the requirement that the identity of victims of rape and sexual violence be protected. The code obliges the press to report news truthfully, accurately and fairly, these terms are not defined, and are open to interpretation. The lack of specific provisions on gender issues and the vagueness of the code make it difficult to address gender-related complaints through the Ombudsman, as illustrated by the following example:

Complaint BY Mr K. Pienaar Against Rapport Newspaper

In March 1999, the Commission received a complaint regarding a joke printed in Rapport. The joke involved a "coloured" woman who is raped during a National Party march in 1948. The punch line is that the woman refused to scream during the rape for fear of being mistaken for a National Party supporter.

The complainant felt that the joke was sexist, racist, and trivialised rape.

The Press Ombudsman declined to address the complaint, as he felt that this would interfere with the media's freedom of expression.
Strictly enforced requirements on the time span in which a complaint can be brought and other technicalities can also be obstacles to addressing gender-related complaints.

To conclude this section on a practical note, Soul City; the Commission on Gender Equality; the National Network on Violence Against Women; the Institute for the Advancement of Journalism; and Women's Media Watch have produced a resource booklet for journalists, which provides guidelines for reporting on violence against women in South Africa. The booklet will be made available to journalists at these hearings. Additional copies are available from the Commission on Gender Equality.

6) Recommendations
6.1 SAPS and the Judiciary
As the act makes a number of provisions in support of training we recommend that such training happens as follows:
Domestic Violence as well as violence against women in general must be part of basic training for SAPS and others working in this arena
In service training on an ongoing basis for those members who are already in active service
Training to be provided by organisations with experience in this arena

6.2 Safety
That the State urgently address the lack of shelters toward the development of safe havens for survivors of domestic violence. This is crucial in ensuring the success of the Act

6.3 Legal Aid
Legal Aid as a constitutional right must be made available to applicants/survivors in much the same as it is to abusers, particularly when they have breached protection orders.

6.4 Regulations
The Regulations pertaining to the Domestic Violence Act are presently with parliament. We recommend the committee charged with it call for public submission and comment on the regulations.

6.2 Education
We recommend an inter-ministerial approach to combating domestic violence in all spheres of life. An integrated and comprehensive education programme could significantly raise the profile of these issues and create an awareness of their criminal nature

6.3 Media
The Beijing Platform of Action calls on women's groups and organisations promoting gender equality to become actively involved in campaigns and initiatives to create a positive, balanced and non-stereotyped portrayal of women in the media. While some organisations are engaging with the media, there is a need for more activism by civil society in this area. All groups working with gender issues, and not just specialist gender and media organisations, need to mount campaigns, bring complaints and lobby for better reporting on violence against women.
The industry regulatory authorities should ensure that their respective codes are equipped to address gender-related complaints, and ensure that complaints mechanisms are accessible to the women of South Africa.
As discussed, the media's right to freedom of expression is an extremely important element of any democracy. However, all Constitutional rights include responsibilities, and in this instance, the media carries the heavy responsibility of reporting on issues in a balanced fashion, and ensuring that the public is informed of important issues. The Commission calls of the media to take up this responsibility with regard to reporting on violence against women, by ensuring that damaging stereotypes and prejudices are not perpetuated. This is particularly important, because stigma and prejudice remain major barriers to women's access to justice.

7) Conclusion
There is a wisdom that says that humanity is like a single body. When any part of the body is hurt, the entire body suffers. It is true that when an individual looses a limb, the entire body suffers and is effected by it. Likewise, the women of South Africa are hurting. They are being bruised, attacked, killed and maimed everyday. And the rest of the body must feel this pain. We are being effected by it. The men who inflict this pain are themselves damaged by it. We need to begin to heal ourselves as women, as men indeed as a nation. In closing, the Commission calls on the State to hear the cries of the women that bore it. We call on the State to make loud and clear its voice against violence against women.

Commission on Gender Equality

8 November 1999