Priority Legislation, Customary Law, Green Paper on National Gender Policy

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AD HOC COMMITTEE ON THE IMPROVEMENT OF THE QUALITY OF LIFE & STATUS OF WOMEN

AD HOC COMMITTEE ON THE IMPROVEMENT OF THE QUALITY OF LIFE & STATUS OF WOMEN

10 June 1998

PRIORITY LEGISLATION, CUSTOMARY LAW, GREEN PAPER ON NATIONAL GENDER POLICY

Document handed out:

African Customary Law of Marriage pamphlet for constituency offices (see Appendix)

PRIORITY LEGISLATION

The Chairperson, Ms Govender, informed the committee that the three key pieces of legislation (customary law, domestic violence and maintenance bills) were all on track and will be tabled before Parliament in the next quarter. The committee would attempt to table the legislation on sexual offences this year. It was suggested that the committee should see what financial resources they have to engage somebody with specialist knowledge to draft this legislation. In this way, expertise in this area would be utilised and the draft would be completed sooner.

The Chairperson said that the domestic violence and maintenance bills would go to the Justice Portfolio Committee. She asked the members if they wanted to be involved in joint discussions. Ms de Vos (IFP) replied that she definitely wanted to be involved as she had reservations about the maintenance bill. Ms Smuts agreed that their committee members should sit in on the Justice Portfolio Committee meetings to introduce a gender perspective. It was suggested that the bills should be presented to joint committees, both justice and their committee. The Chairperson said that the proposal would be put before the Justice Portfolio Committee. Ms Smuts added that the opinion of the Chairperson of Justice Portfolio Committee, Mr de Lange, should be sought after.

Ms de Vos asked whether the committee would be able to get input from civil society for the maintenance bill as quickly as possible. The Chairperson answered that they had done some research on that bill and the committee could ask the Justice Portfolio Committee when the bills would be tabled. Further work would be done during recess.

INFORMATION ON CUSTOMARY LAW

The Chairperson informed the committee that the pamphlets regarding customary law would be ready at the end of that meeting. They would be able to take these to their constituencies. She mentioned that organisations, such as Black Sash, could make copies for distribution.

The Chairperson said that it was important that the members establish what they want to get out of public hearings, so that they could appeal to parliament for the necessary resources. The members would have to go to other provinces and prioritise which areas are the most important. Ms de Vos suggested the rural areas of Kwazulu Natal. It was also suggested that the gender desk be used. The Chairperson stressed that the committee did not have a lot of money for those hearings, so prioritisation was important. She said probably Kwazulu Natal and the former T.B.V.C. areas.

In the next session, the committee members would get feedback at parliamentary caucuses about response to the pamphlet on customary law.

GREEN PAPER ON NATIONAL GENDER POLICY

When the Chairperson informed the committee that the Green Paper on National Gender Policy would only come to the committee in the next quarter, Ms de Vos wanted to know why their committee members were not more involved in the process. The Chairperson replied that they could explore with the Office on the Status of Women if committee members could have more insight into the Green Paper. It must be determined who would be available during the recess as the Green Paper would appear during the recess. Ms de Vos then said that it would have been through Cabinet by then whereas committee members should be more at the "cutting edge" of legislation. The Chairperson said that she would find out if the committee would be able to see the Green Paper before it goes to Cabinet.

The Chairperson also wanted to know if in the next session the committee would be able to discuss and hold public hearings on the Green Paper. Ms de Vos stressed that public hearing had to be held and hence the necessary budget should be ascertained and stakeholders should already be alerted. The Chairperson suggested that the committee should pool resources with other organisations, such as the Gender Commission. Also the Public Education Department of Parliament could be asked to distribute the Green Paper in simple language for women in different parts of the country.

OTHER MATTERS

The Commission on Gender Equality is auditing all legislation in terms of gender and this committee was participating in that process. A joint workshop was planned after the audit.

The Chairperson informed the committee that women parliamentarians world-wide were visiting parliament during recess to see how parliaments could be made to be more women-friendly. Madam Speaker had suggested that MPs and MPLs hold a workshop to draw up a programme to make our own parliaments more women-friendly. This would target members of both sexes to evaluate our parliamentary institutions.

The Chairperson emphasised that the importance of the international conference was not so much to present a report to the international conference, but to identify issues relevant to South Africa. Ideas from this committee should be brought to the deputy speaker in terms of the planning committee for the conference.

Furthermore, the committee had received the NEDLAC sexual harassment code from COSATU. Donor funding had been obtained for further guidelines on sexual harassment.

The Victim Empowerment report from the Welfare Portfolio Committee has been received.

Employment legislation hearings will be held by the Labour Portfolio Committee and the committee would be doing research on the gender perspective to feed into this.

With regard to the draft Electoral Bill, the Minister has been contacted on the issue of participation of women. A committee on the Electoral Bill had been formed and it was suggested that members of the ad hoc committee participate. Ms de Vos wanted to know how parties would be rewarded for the participation of women. The Chairperson replied that this should be explored in the next parliamentary quarter.

The chairperson informed the committee that a letter had been sent to the Ministry of Labour requesting a copy of the report surrounding the issue of maternity benefits and the Unemployment Insurance Fund.

The committee had received an invitation from Beijing and funds had been requested for a delegation to attend. It was suggested that a delegation of three women attend; one ANC, one IFP and one NP member.

Appendix: African Customary Law of Marriage pamphlet for constituency offices

Customary Marriage: review

Reviewing

African Customary Law of Marriage

Many women in South Africa are married under customary law. Because of the system of apartheid, customary unions were not fully recognised by South African law. Parliament will introduce a draft law which will recognise African Customary law.

It is very important that women decide what African Customary marriage is and which laws of marriage should be written down and included in the law to ensure that women's right are protected. Members of communities and organisations will be able to make an input on the draft law before it is passed by parliament. Some of the aspects of marriage are discussed in this pamphlet.

Minority status

WOMEN MARRIED under customary law are minors. This means that women cannot contract on their own, for example to buy goods. Women cannot take someone to court and cannot own property. The law must be changed so that women can own property, buy and sell goods and take someone to court. Women should no longer be minors. Women should be able to act without the help of an older male.

Property

WOMEN SHOULD be able to have their own property. Under civil law a husband and wife own all their property together. If the parties get divorced, the husband and the wife each get half of all the property. One can chose to change that system by signing a separate contract. If this is included in African customary marriage, women will be protected because they will own half of the property. The husband won't be able to leave the wife with no property.

Lobola

MANY PEOPLE feel that a marriage is not a customary marriage if no lobola is paid. Some women say that lobola has changed over the years and that the way in which it is practiced now discriminates against women. Women must decide whether they want lobola and what it means. Is a marriage only valid if lobola has been paid? What happens to children if lobola is not paid? What happens if the lobola is paid and the marriage ends?

Polygamy

IT IS NOT clear how many polygamous marriages there still are in South Africa. Some women feel that it should be banned or made illegal. Other women feel that it should not be banned because there are less and less polygamous marriages.

How do we protect women who are married under polygamy now? Women need to ensure that their right to their children and property is protected and that they are not made poorer when the husband takes another wife. Women need to ask whether husband will be allowed to take another wife without the first wife agreeing to the second marriage.

Consent to marriage

WOMEN SHOULD be able to marry without the permission of their parents. The permission of parents should only be necessary if the child who wants to get married is a minor. Both women and men should only be able to get married when they are 18.

Women should not have to marry a person that they do not wish to marry. The consent of both the husband and the wife must be given for the marriage.

Registration

SHOULD ALL customary marriages be registered? Registration could provide protection for women and is useful to obtain benefits, where the law requires proof of marriage.

Divorce

THE WIFE or the husband should be able to apply to court for a divorce if the marriage has broken down. The parties should be able to approach a court of law to get a divorce order.

A woman should be able to apply to court to get maintenance from the husband if she cannot support herself.

Children

WHEN PARTIES to a marriage get divorced it should be possible for either parent to have rights of custody, guardianship and access to the child. The custody and guardianship could be joint or separate. The court should decide what is in the best interests of the child.

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