Hansard: JS: Debate on National Women’s Day: Celebrating the 60th Anniversary of the Women's Charter and 20 Years of Freedom: Together moving a non-racial, non-sexist South Africa forward

House: Joint (NA + NCOP)

Date of Meeting: 20 Aug 2014

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Minutes

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                                                     Take: 1

 

 

START OF DAY

 

WEDNESDAY, 20 AUGUST 2014

PROCEEDINGS AT JOINT SITTING

__________

 

Members of the National Assembly and the National Council of Provinces assembled in the Chamber of the National Assembly at 14:03.

 

The Speaker of the National Assembly took the Chair and requested members to observe a moment of silence for prayers or meditation.

 

FIRST ORDER

 

 

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 1

 

 

 

START OF DAY

 

 

 

CELEBRATING THE 60TH ANNIVERSARY OF THE WOMEN’S CHARTER AND 20 YEARS OF FREEDOM: TOGETHER MOVING A NONRACIAL, NONSEXIST SOUTH AFRICA FORWARD

(Debate on National Women’s Day)

 

The CHIEF WHIP OF THE OPPOSITION: Madam Speaker!

 

The SPEAKER: Is that a point of order?

 

The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, it is a point of order. I am sorry to have to raise it in the House. But we had reached an agreement regarding the seating and that agreement was supposed to have been implemented today. However, today’s seating is not in accordance with the agreement. I just want to say that this has now again caused rank confusion in our benches. There is uncertainty again about where people should and shouldn’t be sitting. I am really imploring that whoever is responsible has this attended to before we sit tomorrow as a House so that we can have it finalised. Thank you.

 

The SPEAKER: Perhaps hon members are confused about what this is all about. We had a meeting in my boardroom yesterday to try and assist in resolving the disagreement between the DA and EFF with regard to their seating in the House. As far as we understood, there had actually been agreement about how that issue should be resolved – that was yesterday. And in fact, that issue didn’t arise yesterday afternoon as you will remember. So, I can only record my disappointment that, apparently, it was not resolved. But I don’t want the matter to delay the House and therefore would like to suggest that we take it up again later as the Chief Whip of the DA is requesting. [Interjections.]

 

Mr G A GARDEE: Hon Speaker, on a point of order: We request for permission to reply. We are not opposed to any agreement reached between the Speaker and the parties yesterday, but we only sit in accordance to what is written here. And if names of people still appear somehow, the EFF cannot be held liable for that. Thank you.

 

The SPEAKER: Alright. So, please let’s not delay the business of the House. We have now explained what the issue is all about. We will have to take it up and pursue it from where we left it yesterday in our discussion.

 

Ms T C MEMELA: Hon Speaker, Deputy Speaker, Chairpersons, Deputy Chairpersons, hon Deputy Ministers, hon Members of Parliament, distinguished guests in the gallery, ladies and gentlemen, the ANC has been at the forefront of women struggles by putting forward a vision for a nonsexist society and institutionalising gender equality and women’s empowerment through its policies, institutional arrangements and intervention measures.

 

The ANC’s constitution articulates nonsexist policies that have, indeed, influenced the current Constitution of a free and democratic South Africa. Accordingly, both the ANC’s constitution and the country’s Constitution of 1996 recognise women as equal citizens, with equal rights and responsibilities.

 

A lot more still needs to be done. While several gains have been made and many milestones achieved, challenges still remain. More work needs to be done to ensure the transformation of power relations between women, men, institutions and laws - elements that are fundamental in building an inclusive, progressive and prosperous society.

 

Collective efforts must be directed at addressing gender inequality, poverty, oppression, patriarchy and sexism in order to create a conducive environment which enables women to take control of their lives. There is still a need to create a woman-friendly environment that is gender sensitive and capable of eradicating the many practices that constrain women advancement and empowerment. It is thus important that, in order to effectively implement policy decisions that impact on women’s empowerment and gender equality, it is acknowledged that men are victims of their socialisation, hence the historic sense of superiority manifested by some over women.

 

Therefore, to achieve the ANC’s vision of gender equality, women also need an equal enjoyment of rights and access to opportunities and outcomes - including resources. There must be a fair distribution of resources, power and care responsibilities between men and women. There must also be freedom from gender-based violence.

 

The underlying causes of discrimination should be systematically identified and removed. Women’s existing subordinate positions within social relations and the family should be considered with the aim of restructuring society so as to eradicate male domination. This equality should include both formal and substantive equality to ensure a total eradication of patriarchy.

 

The ideology of patriarchy has surpassed the ideological construct of racism. There is a need to address these two issues as different constructs - the way of thinking about gender equality as a norm. In other words, there is a need for a move for a total paradigm shift in thinking, practices and perspectives. The struggle against patriarchy is therefore a struggle within the struggle. The ANC in its 53th national congress in Mangaung noted that there is still a need to continue to, systematically, fight against patriarchy and any other forms of abuse against women in society.

 

Whilst progress has been made in the development of women - the establishment of a Ministry that focuses on women development - there is still a need to implement effectively programmes and policies geared towards the development of women, in particular, those that live in abject poverty, the disabled and the most vulnerable in society. This includes access to opportunities, access to free basic services and a need to continue to systematically fight against patriarchy in society.

 

In 2000, Cabinet adopted the SA National Policy Framework for Women’s Empowerment and Gender Equality, which provided for the establishment of the National Gender Machinery, NGM. The NGM is a network of co-ordinated structures within and outside government which operate co-operatively in facilitating political, social, economic and other forms of transformation to dismantle systemic gender inequality and promote equality between women and men.

 

Since the adoption of the NGM model, there have been a number of developments in the operations of government and societal behaviour. This has led to calls for a relook at the model with emphasis on the highest executive co-ordination point hence the call for a dedicated women’s Ministry.

 

In its 2014 national general elections manifesto, the ANC asserted that in a democratic South Africa, women’s voices are heard and women’s issues are seriously addressed. Institutional mechanisms have been established to protect women’s rights and dignity. Progress has been made in freeing women from customs and practices that undermine their rights. Progress in meeting basic needs such as housing and access to water has especially benefited women. In redressing passed inequalities, more girls are in schools and tertiary institutions than ever before and more women are in employment. Women continue to benefit from economic empowerment programmes and they are the major recipients of social security programmes.

 

Furthermore, the ANC had established the Ministry for Women, Children and People with Disabilities, the predecessor to the current Ministry in the Presidency. The Ministries have taken up and continue to take up active campaigns against the abuse of women and children, calling for the improvement of women representation in Parliament and government and advocating the promotion of a policy of equal representation of women and men in all institutions of government. The ANC continues to confront violence against women and children and prioritises it in its strategies directed at creating a safe and secure society. In this regard, the aforementioned Ministries have played an instrumental role in the drafting of the Women Empowerment and Gender Equality Bill. The Women Empowerment and Gender Equality Bill aims to introduce measures and targets to strengthen existing legislation on the promotion of women empowerment and gender equality. The proposed legislation carries forward the constitutional vision of equality by requiring the development and implementation of plans and measures to redress gender imbalances and to submit those plans and measures to the Minister for consideration, evaluation and guidance.

 

The ANC, at its 53rd national congress in Manguang, noted that progress has been made in ensuring that women are now actively involved in decision-making structures in society and in government. This includes progress towards achieving the 50:50 parity. In addition to the progress made by government in the development of women, some civil society structures are also involved in campaigns that focus on the establishment of centres for the fight against women abuse. Furthermore, government policies and programmes have improved the living conditions of women. In 1997, the Office on the Status of Women was established in the Presidency to steer the national gender programme and champion the development of the National Policy Framework for Women Empowerment and Gender Equality that was approved by Cabinet in 2000. Subsequently, similar structures were established in the Premier’s offices.

 

In May 2009, the President announced the establishment of a Ministry of Women, Children and People with Disabilities. In May 2014, the President evolved the structure to a dedicated Ministry in the Presidency as a way of elevating women’s issues and interests, to lead co-ordinate and oversee the transformation agenda on women’s socioeconomic empowerment, rights and equality through mainstreaming, monitoring and evaluation.

 

South Africa has adopted significant legislative reforms and developed policies and programmes based on the Constitution and Bill of Rights, which seek to promote and protect women’s rights in the home, the community and the workplace. These include the Domestic Violence Act of 1998, the Prevention of Family Violence Act of 1993, and the Sexual Offences and Related Matters Amendment Act of 2007.

 

Since the advent of democracy and freedom South Africa has seen a number of women taking up leadership positions in areas previously dominated by men. One of the success stories of our democracy is that of the representation of women in political and decision-making positions. Involving women in governance processes constitutes one of South Africa’s globally acclaimed success stories. Thank you.

 

 

Mrs D ROBINSON

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 2

 

 

 

 

Ms T C MEMELA

 

 

 

Ms D ROBINSON: Hon Speaker and members, today we mark the 60th anniversary of the Women’s Charter and 20 Years of Freedom: Together moving a nonracial, nonsexist South Africa forward. Do we indeed have something to celebrate, and is South Africa really a nonsexist country? The Women’s Charter, written in 1954, includes some of the following points ... [Interjections.]

 

Mr D L XIMBI: Speaker, I rise on a point of order.

 

IsiXhosa:

Sekela Somlomo, ndicela ukuqonda ukuba kuvumelekile kusini na ukuba kule Ndlu kunxitywe izinto ezineempawu zemibutho yezopolitiko, umzekelo i-DA apha ecaleni kwam?

 

USOMLOMO: Ukuba ndikhumbula kakuhle, oomama kwiminyaka egqithileyo, nam lo ndikhumbula ukuba ngomnye unyaka ndandihleli apha ndinxibe iblawuzi eluhlaza. Asizange sibethwe ngaloo nto. Ndizama ukuthi ke mhlawumbi zange kukhe kubekho ingxaki kuba umntu enxibe into acinge ukuba imenza abe mhle namhlanje. Ukuba ikhona into engalunganga, mhlawumbi singacela ikomiti ejongene nemithetho elawula iNdlu ikhe iwujonge lo mba. [Kwaqhwatywa.]

 

Ms T V TOBIAS: Hon Speaker!

 

IsiXhosa:

USOMLOMO: Ngubani ngoku lowo?

 

Nks D ROBINSON: Enkosi kakhulu, Somlomo. Ndiyabulela.

 

English:

Ms T V TOBIAS: Hon Speaker.

 

IsiXhosa:

USOMLOMO: Uphi loo mntu?

 

English:

Ms T V TOBIAS: On your right. Hon Speaker.

 

IsiXhosa:

USOMLOMO: Andimboni lo mntu uthi Somlomo ohloniphekileyo. Utsho kamnandi, utsholo phantsi. Ngasekunene.

 

 

English:

Ms T V TOBIAS: Hon Speaker, I rise on a point of order. I just wanted to know if the hon member would take the question that: isn’t that the ANC has made it possible for women to ... [Interjections.]

 

 

IsiXhosa:

USOMLOMO: Hayi sisi. Masiqhube ngengxoxo ngoomama.

 

English:

Please allow her to continue with her speech.

 

Ms D ROBINSON: Do we indeed have something to celebrate and is South Africa really a nonsexist country?

 

The Women’s Charter made some of the following points: The struggle for the removal of laws and customs that deny African women the right to own, inherit or alienate property is still ongoing; the laws of marriage, which place wives in legal subjection to their husbands, still dictate to them in all matters affecting their children, property and earnings; women are responsible for their own person and their children, yet the law seeks to enforce upon them the status of minors; and they are denied the same status as men when entering into contracts to own and dispose of property; and to exercise guardianship over their children. This treatment of women would have been reinforced by the Traditional Courts Bill, which was almost imposed on us in the previous term.

 

The law has also lagged behind the development of society; it no longer corresponds to the actual social and economic position of women. The law has become an obstacle in the path towards gender equality instead of protecting women. Legal protection must be reformed, for a modern society, and a society in which the women in our country are to be protected and treated equally. This backs the question: In the 60 years since the Women’s Charter’s creation, how much has been done to address these problems?

 

Domestic violence and gender abuse is still prevalent amongst women of all socioeconomic and racial groups. This is a health and human rights issue. Good legislation has been passed to combat this scourge, but sadly, implementation is often poor due to the under-resourcing and inefficiency of the police and the justice system. There is a shortage of shelters for women who have been abused. Where do women and children go after they have been abused? Often the only place to which they can go is the home of the perpetrator where the vicious cycle starts all over again.

 

Government should make more funding available for additional Thuthuzela Care Centres, where a one stop multidisciplinary service can be provided for the victims. Unfortunately, there are only about 35 of them throughout the country and not all of them are operational. The rest of the services are provided by  nongovernmental organisations. Unfortunately, many women and children are reduced to sleeping on the streets if the shelters are full. There are vast rural areas where there is no support of any kind for women, so they have to fend for themselves. This is hardly what constitutionalism determines.

 

The abuse of the maintenance system has led to many single parents struggling to provide for their children with the majority of the victims being women. Since this limits  future opportunities for the children, the DA has taken the issue of maintenance on, and through negotiations with the Department of Trade and Industry, the Department of Justice  and Correctional Services and the credit bureaus, we have been able to ensure stronger legislation to crack down on child maintenance defaulters and bring them to book.

 

The Department of Justice and Correctional Services has drafted a Bill to enable credit bureaus to track down defaulters and to  ensure that they pay the maintenance or be blacklisted. It is vital that parents take their role seriously and are held responsible for the upbringing of their children.

 

The DA will also be initiating measures to improve the efficiency of the maintenance courts. We celebrate the progress that has been made as a triumph for disadvantaged women in all corners of the country.

 

We have listened to the speeches of the previous speakers and I acknowledge that much has been achieved, but are we really free? Are we free to walk in the streets without fear of attack or rape? Do we have the freedom to allow our children to play in the streets outside their homes, without fear of a stray bullet coming their way and killing or maiming them? Is our human rights culture really being maintained?

 

Our Constitution is based on human rights. The blue sash which I am wearing today, reminiscent of the black sash worn by human rights activists in the days of apartheid, is a symbol of the DA’s support for the many brave women of our past who dared to be seen in public defying the unjust laws of this country. It’s women such as Helen Suzman, Helen Joseph, Molly Blackburn, Sophie De Bruyn and Charlotte Maxeke who reminded us of our unwavering strength as women in the face of adversity.

 

Mr B A RADEBE: Hon Speaker, I rise on a point of order. Can the issue of participation by the people in the gallery be addressed? They are not supposed to participate.

 

The SPEAKER: That is true. Our visitors in the gallery, who are mostly welcome, are not supposed to be part of what is going on in the House, because they are our guests. As far as we are concerned, we do not know whether they are ANC, Cope or what. We just know that we have guests in the gallery who sit and observe the proceedings. Hon member, please continue.

 

Ms D ROBINSON: This sash bears testament to their struggles and salutes all women who struggled in the past. With this in mind, what is the vision of the Human Rights Commission in transforming the rights of women in South Africa and affording them the dignity that they so deserve? Its mission is to support constitutional democracy through promoting, protecting and monitoring the attainment of everyone’s human rights without fear, favour or prejudice.

 

The values to be promoted are integrity, honesty, respect, equality and the principles outlined by Batho Pele. However, every day in the newspapers we read of a litany of crimes relating to the abuse and neglect of little children and the elderly, to the brutal murder of women.

 

At the weekend, an 83-year-old woman died after she was beaten and raped in the Sereni village outside Makhado. It was reported that the grandmother was left in the bushes and then the perpetrators returned to her house and set it alight. The horror of this story is elevated by the fact that there were no arrests made for this unspeakable act. Hon Speaker, I ask you: Is this the image of a free South Africa that we had painted in our minds when the Women’s Charter was drafted in 1954?

 

Yet, another horrific crime was reported last week. The brutal murder and rape of a lesbian woman in Ventersdorp is a blatant hate crime. Again, the horror of this story is made worse by the fact that this incident forms part of a plethora of similar instances in which the country is now worryingly desensitised. She was found dead on Friday with a wire around her neck and a hose pipe shoved down her throat. It is horrifying that members of South Africa’s lesbian, gay, bisexual, transgender and intersex persons, the LGBTI, community have to live and love in fear.

 

Is government doing enough to protect the LGBTI rights, and rid South Africa of homophobia? Does our current Constitution not guarantee the rights of minorities? Where are the values of tolerance; respect for life; and affording others the dignity you would like for yourself?

 

In the very same month that we celebrate women, we also commemorate the victims of the Marikana tragedy. The horror and stark reality of Marikana is still pervasive. Not much has changed in the past two years. The women of Marikana not only suffered the loss of their husbands and breadwinners, but they are still living without water or decent housing. A widow who spoke on Saturday at the memorial said that she had not received any compensation; she had no money; and like her family in the Eastern Cape, she had received no support apart from NGOs.

 

Where is the accountability of government and business? How ironic that in this month when women are to be honoured, many still suffer at the hands of the new government, a government which is tasked with giving them their freedom. The sad, worn faces of the women of Marikana reflect the tragedy of a situation where the human rights culture of our Constitution, the ubuntu, was forgotten.

 

Despite the enormous gains made by African women, gender equality remains an elusive goal. Efforts are frustrated by interpretations of societal norms and values rooted deeply in patriarchal structures and mindsets. They cannot simply be abandoned after 20 years of so-called freedom. This is not the life that is reflected in the Constitution.

 

Speaker, may I please request that all the members stand for a moment in respect of all the tragic deaths that have occurred, and in sympathy with the victims of crime and abuse. Thank you. [Applause.]

 

May we, as legislators, even those who did not stand resolve to strengthen the oversight and implementation of the laws we write ... [Interjections.]

 

Mr J MALEMA: Speaker, I rise on a point of order. I would like to ask if it is parliamentary for a speaker on the podium to order Members of the House without your permission. Can a member request other members of the House to rise without your permission, Speaker? If that practice is allowed, it is going to render you useless there. We must be able to do it through you, Speaker. Thank you. [Interjections.][Applause.]

 

The SPEAKER: Order! I think the hon Malema raised a valid question. I would like to go and look at it and come back with a ruling on that particular matter.

 

The MINISTER OF HUMAN SETTLEMENT: Hon Speaker, I rise on a point of order. I would like to draw your attention to a precedent in this House where hon Mangosuthu asked all the men to stand up. We objected to that and the Speaker ruled that it was out of order.

 

The SPEAKER: So, we will take all that into account.

 

Mr M WATERS: Speaker, I rise on appoint of order. If I may correct the hon Minister – she would know this – people objected because it was only for men and not for women. I think it was hon the Minister Pandor ... [Interjections.]

 

The SPEAKER: Okay, hon Waters. We are now getting into an all out debate on this interesting question, but let us do that when I come back.

 

Ms D ROBINSON: Hon members and visitors in the gallery - you are so welcome - may we, as legislatures, whether we stood up or not resolve to strengthen the oversight and the implementation of the laws we write so that ours can be a just society, based on the rule of law, and a human rights-based Constitution. We owe this to the many women who fought for gender equality in South Africa, and we owe it to the women who call a free South Africa their home. I thank you. [Applause.]

 

 

 

 

 

 

 

 

 

 

Ms N V NQWENISO

 

 

 

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 3

 

 

 

Mrs D ROBINSON

 

 

 

The SPEAKER: May I repeat and address myself to our guests in the gallery. We yet again appeal to you not to participate in the activities of the House. We appeal to you to remain the respectable and dignified visitors that you are.

 

Ms N V NQWENISO: Hon Speaker, as the EFF, we are taking this opportunity to speak about three categories of women and that is women as domestic workers, women in rural areas and women without jobs. But before we do that, we would like to dedicate this speech to Mama Winnie Nomzamo Madikizela-Mandela. [Applause.]

 

In paying tribute to the 1956 generation, we felt that it is important that we honour her and other courageous women in South Africa. She was arrested several times by the apartheid system and in 1976 after the Soweto uprising where hundreds of students were killed; she was forced by the government to relocate to Brandfort. She was then placed under house arrest in 1977. Her contribution in the fight against apartheid is our motivation as women. She continues to be the epitome of the 1956 generation. All her life, she was fighting for the injustices against women. In everything that we do, we seek to be exactly like her.

 

We are truly inspired by her deeds and her commitment of fighting for the rights of women. The media and the cruel system of apartheid had tried  to destroy her but she remained resolute and resilient in the fight against unjust laws, especially against women.

 

The majority of domestic workers leave their homes to go and work as domestic workers, and are still subjected to low wage income. Domestic workers do not have medical aids but employers afford to pay medical aid for their dogs in order to take them to veterinarians. [Applause.]

Domestic workers are not registered as permanent employees and do not have the Unemployment Insurance Fund, the UIF, and pension fund. We should hold our Department of Labour responsible. Domestic workers work under appalling conditions and are subjected to abuse by their employers to such an extent that they get sexually harassed. And they would not complain because that puts food on their tables.

 

Domestic workers earn very little, and as result are unable to sustain their livelihood. And most of you as parliamentarians  spend money on a bottle of whisky rather than paying a decent salary to your domestic worker. [Interjections.]

 

The SPEAKER: Order, order, hon members.

 

Ms N V NQWENISO: It’s the truth and a fact. You go and consult with the constituencies, and you will find this truth. It is sad. You should be ashamed of yourselves.

 

The SPEAKER: Order, order, hon members. Hon Minister is that a point of order?

 

The MINSTER OF SCIENCE AND TECHNOLOGY: Hon Speaker, certainly  as a Muslim and a person who does not touch alcohol at all, I do not spend a cent on Whisky. So, I will ask the hon member to say some of you. Thank you.

 

The SPEAKER: Order hon members. Hon member on the podium, did you refer to all the members as spending money on alcohol because if you did you need to ensure that you do not have a blanket approach to members of this august House, therefore do clarify your statement by indicating that some members of the House.

 

Ms N V NQWENISO: Hon Speaker, some members of this House. [Interjections.]

 

The SPEAKER: Thank you very much. Order, hon members. Order! Hon members, this is a very important debate on the issues that are affecting women. Please, let’s not divert it into a session of just joking. Please proceed hon member.

 

IsiXhosa:

Nks N V NQWENISO: Enkosi Mhlalingaphambili.

 

English:

The duty of this Parliament must be to resolve the issue of  minimum wage for domestic workers and the implementation thereof. [Applause.] This is what Mama Winnie has been fighting for.

 

We also want to take this opportunity to highlight the plights of women in rural areas with regard to farming. Women in rural areas do not have access to land for subsistence farming for them to be able to sustain their livelihoods. Women in rural areas are not allowed to own farms or land.

 

 

IsiXhosa:

Kusekho iinkosi ezizixelela ukuba umfazi akakwazi ukuwenza nto umhlaba. [Uwelewele.]

 

English:

Women in rural areas have no access to proper health care facilities situated closer to their localities and therefore women still give birth under trees and on road sides while on their way to hospitals. It happened in Cofimvaba. Do you want to know where?

 

Rape cases are not being reported and  not successfully prosecuted, the reason being that the health care facilities are so far away that women choose to stay at home rather than going to the clinics. As a result, evidence becomes unavailable to can successfully prosecute cases of rape.

 

Women in rural areas do not have access to water and are thus forced to fetch water from rivers that are kilometers away from their homes. There’s a recent case of Nomsa Mathebula in Phalaborwa in Limpopo, who was raped and brutally killed on her way from fetching water from the river. May her soul rest in peace!

 

Rural women and farm workers do not have access to basic hygienic needs such as sanitary towels. Why is it difficult  to distribute sanitary towels if government able to buy so many condoms of all varieties? Why is it difficult to give free sanitary towels? [Applause.]

 

Thumeka, who is there in the gallery,lives in Khayelitsha and works in the farms - shared a sad story with us in our women’s event that she has to resort to using papers and old cloths which subjected her to so much humiliation  that she cannot find herself working in the farms anymore. She has to change over and over in front of men because there are no facilities in the farms where she can use a bathroom or there are no sanitary towels for her to at least stay for some time with a sanitary towel.

 

Ms M C C PILAN- MAJAKE: Hon Speaker.

 

The SPEAKER: Yes, hon member.

 

Ms M C C PILAN- MAJAKE: Is the member ready to take a question?

 

Ms N V NQWENISO: If you allocate me enough time, I will take your question.

 

Ms M C C PILANE- MAJAKE: Does it therefore mean I can actually ask?

 

Ms N V NQWINISO: No, you can’t, I have limited time.

 

The SPEAKER: She is left with two minutes.

 

Ms N V NQWINISO: If Thumeka was paid a decent salary, she would also be in a position to afford to buy herself sanitary towels.

 

There are no proper facilities in farms and there is no proper supervision in terms of occupational health and safety and that compromises the benefits and rights of women working in farms.

 

This Parliament has to speedily look into the issue of the implementation of a minimum wage for farm workers that has been promised about two years ago but is not happening. This Parliament has to speedily look into the implementation of safety and security measures in the farms. This is what would please Mama Winnie and other progressive South African women.

 

The last group of women we want to talk about is women of South Africa that have no income. Women have the burden of raising their children on their own because some men refuse to pay maintenance for their children. We urge all men out there to take responsibility and pay maintenance for their children. It is the right thing to do and a very good story to tell. Children do not have to be punished for the differences of their parents.

 

Women are also forced into prostitution because of lack of employment. Young women with no income fall prey to sexual abuse by the so called sugar daddies who promise them money and other material benefits and also introduce them to flashy lifestyles that lead them to contracting infections and HIV/Aids, and other very serious deadly diseases.

 

There is no moral and political will to address the challenges that women are facing within South Africa. As the EFF, we believe that there is a correlation between women’s rights and good governance. Mama Winnie, I am sure would like to see   women empowerment  that encourages good global citizenship. Thank you. [Time expired.] [Applause.]

 

 

 

 

 

The PREMIER OF THE NORTHERN CAPE

 

 

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 4

 

 

 

Ms N V NQWENISO

 

 

 

The PREMIER OF THE NORTHEN CAPE: Hon Speaker, first of all, let me express my appreciation for the opportunity to stand here, having the same privileges as the hon Robinson, to commemorate and celebrate the women of South Africa. Secondly, let me begin by saying that sometimes when we stand up here, we must be sure that we have facts of the things we raise. As I say this, I want to mention for the information ... [Interjections.]

 

Ms E N LOUW: Hon Speaker, is the Premier willing to take a question? Are you going to buy Kentucky tonight, hon Premier?

 

The SPEAKER: The hon Premier has hardly said anything. So, I don’t know on what is your question is based?

 

The PREMIER OF THE NORTHEN CAPE: The ANC government has long ago determined a minimum wage for domestic workers and  the payment of the Unemployment Insurance Fund. [Applause.] Let us continue to, when we celebrate and commemorate women’s month, pay tribute to the valiant struggle of the many resolute women of our country and to the lives of countless other women who have made great sacrifices, embarked on meaningful endeavours, and have removed historic artificial barriers of prejudice.

 

We are inspired by the 20 000 strong women who marched to the Union Buildings in 1956 to present their petition in defiance against the apartheid and repressive laws. If we can mention a few of those brave women with visionary leadership, women such as Lillian Ngoyi, Helen Joseph, Rahima Moosa and Sophia Williams-De Bruyn to name but a few women who braved the might of the repressive apartheid junta.

 

We have to keep the flame of hope that these revolutionary women ignited alight and in progress. We are forever indebted to these women who have fought and provided us with leadership towards equality. [Applause.]

 

As women who are pioneering the future, it is imperative that we study the incredible women of our past who inspired us and provided us with examples of how to make a difference. As we mark the 60th anniversary of the Women’s Charter and 20 years of democracy, we will work hard to ensure that these heroines of South Africa are recognised and celebrated in our schools, workplaces and communities throughout our country. We can say that in many areas of life, women now enjoy more fully their rights to education, health care and inclusion in the workplace and societies at large. However, we acknowledge that vast inequalities still persist.

 

As a democratic government, we inherited a dispensation wherein a very limited culture of rights and human rights for women existed. The democratic government had to virtually develop a totally new legislative framework within which the rights of women could be addressed. There are a few examples which we can mention; the Domestic Violence Act, Act 116 of 1998, the Maintenance Act, Act 99 of 1998 and  the Women Empowerment and Gender Equality Bill. Through these and other Acts, the rights of women and children in South Africa are guaranteed. It is also within this framework that Chapter 9 institutions like the Commission for Gender Equality were established.

 

The South African government also subscribes to different international treaties such as the Convention on the Elimination of All Forms of Discrimination against Women, Cedaw as it is commonly known. A convention adopted by the United Nations to ensure that the rights of women are as respected as human rights. South Africa also participated in the Fourth World Conference on Women where the Beijing Declaration and Platform for Action was adopted. South Africa subsequently attended the conference in terms of the Beijing Platform for Action.

 

South Africa is also one of the countries which subscribes to the Eight Millennium Development Goals, which would, if achieved, definitely have a very positive impact on the lives of women and children.

 

On the countdown of 500 days to the achievement, the secretary-general of the United Nations, Ban Ki-moon, confirms that inequality remains a challenge, as does the issue of childbirth, maternal mortality, universal education and environmental sustainability.

 

Inspite of these challenges, we are extremely grateful for the significant strides which the government has made over the 20 years of democracy to improve the socioeconomic and political standing of women in our country. [Applause.] Our government is on course to attain the noble goal of uniting our country in order to build a nonracial, nonsexist and democratic South Africa. Our government is the one that repealed all the racist and discriminatory laws which undermined the dignity and integrity of women in order to ensure that women realise their full potential. [Applause.]

 

In honour of the heroines of our struggle, we will continue to deepen active and full participation of women in all spheres of government, active participation in the economy such as in the agricultural sector, construction industry and the green economy. This will ensure ownership by women of capacity building, management and control of diverse spheres of the economy, including manufacturing, insurance, construction and transportation. The best ways to create greater participation in the economy are tapping into the existing expertise in these fields, harnessing talent and forming structures which can lobby and access capital.

 

The potential of women to contribute to economic grown and prosperity, social progress, peace and good governance is still untapped in too many areas in our society. Gender-based violence does not only destroy the lives of girls and women but it also robs our world of the talent, initiative and dedication that we urgently need to make the world a better place for everyone. We should agree that people are empowered when they can make full use of their talents and energy for the benefit of themselves, their community and their country.

 

I know for a fact that a community becomes empowered and starts to develop only when the women are granted respect, dignity and education, as well as the freedom to pull their families and fellow citizens out of poverty. We also know that women possess the initiative, creativity and intelligence to make monumental changes in themselves, their communities and the country. [Applause.]

 

As the Northern Cape government, we have launched the Mme Re Ka Thusa Women’s Development Trust with the main aim of alleviating poverty levels in the province. The trust was formed to assist previously disadvantaged women on economic empowerment initiatives throughout all the five districts of the province. To this end, the trust has assisted a substantial number of women to either own a business or expand existing businesses. It has also helped to train women to manage and effectively run their businesses.

 

As a province, we have pledged to prioritise and mainstream women’s socioeconomic empowerment and women’s rights across all sectors of society in the next five years. As the trust, in 2013, we went across the province and have reached more than 4 000 women. We granted interest-free loans to qualifying women and gave business training to women whom we will, afterwards, give grants for their business initiatives.

 

With the trust now fully operational, many more women will receive either grants or loans for women empowerment over the next three years. This fund has, to date, advanced loans worth R1,6 million to 33 women enterprises in the following sectors: fashion design, transportation services, hospitality,  contraction, and arts and culture. The trust is implementing a mandatory prefinancial training programme to enhance the sustainability of women enterprises.

 

Our province has also, together with the national Department of Housing, the provincial Department of Housing and Local Government and the Sol Plaatje Municipality, hosted the women building programme.

 

In China Square in Galeshewe, we identified the construction ... [Time expired.]

 

Afrikaans:

... en julle is verveelig.

Ms S J NKOMO

 

 

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 5

 

 

 

 

The PREMIER OF THE NORTHERN CAPE

 

 

Ms S J NKOMO: Hon Speaker, the birth of the Federation of SA Women, Fedsaw, in 1954, with an estimated membership of over 200000 women around South Africa, marked the beginning of a strongly organised women’s movement. The impact of the organisation on our country showed how the strength of women can inspire the nation.

 

On 27 October 1955, Fedsaw was leading the march to protest against the introduction of pass laws for women. This was a precursor to the 1956 Women’s march, which we commemorate each year on Women’s Day on 9 August. However, we cannot allow ourselves to be limited in our perspective because when we look back at what women accomplished in this country, it did not just happen in one day; many events took place before and after the march.

 

Our children, especially young girls, must know that when women join forces with a common vision, they can reshape the history of the nation. After all, women hold half the sky.

 

As we celebrate the 60th Anniversary of the Women’s Charter and 20 years of democratic freedom, we must acknowledge the fact that South Africa has one of the strongest legal frameworks in helping to transform gender relations. The 1956 march by the women of South Africa paved the way for the recent, current and future generations of women to not only help build this country, but to also take advantage of the many opportunities that were once the sole realm of men.

 

Despite the many advances and improvements in gender relations, we also must concede that laws cannot force attitudes to change because the reality is that many women are still experiencing oppressive environments, whether in homes or in the workplaces. Young women are given more tasks to complete at home which can compromise their schooling as these are expected to be done before they can go to school. This is not a requirement placed on boys in the home.

 

Many women are still not independent. Their lives are completely dependent on the working husband or partner. If anything happens to the husband or partner, the women are usually left destitute. The most glaring example is that of the widows of the Marikana miners who most, if not all, are struggling to survive. They have nothing protecting them from being classified as poverty stricken. The IFP needs to state that this is an area that needs to be strongly attended to.

 

Men, at all levels in our society should be at the forefront of encouraging their wives and partners to seek out opportunities for legitimate self-enrichment. Because of the patriarchal society that we are in, it is important that women find their voice and be able to work alongside our men as equals.

 

Every year, we commemorate the actions of the women of 1956 and how they have helped advance our society. Yet every year, we still deal with the shameful truth that women and children abuse is an ongoing problem which does not seem to be decreasing in intensity. In some cases, women themselves are responsible for not helping other women in domestic and relationship abuse situations and this must change. For instance, on 3 August 2014, I visited ward 23 of a hospital in KwaZulu-Natal, which is under the Zululand district, where women complained that the last time they had water was on 27 May 2014 and they were still without water.

 

Boys and young men need to be taught how to relate to women, more especially . . . [Time expired.] I thank you, Speaker.  

 

 

 

 

 

The DEPUTY MINSTER OF SCIENCE AND TECHNOLOGY

 

 

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 5

 

 

 

 

Ms S J NKOMO

 

 

The DEPUTY MINSTER OF SCIENCE AND TECHNOLOGY: Hon Speaker, hon Ministers and Deputy Ministers, and hon Members of Parliament, as South Africa celebrates 20 years of democracy, the country has also reached another milestone by celebrating the 60th year Anniversary of the Women’s Charter. One must agree that indeed a lot has been achieved for women.

 

The month of August is a special month dedicated only to celebrating women - their strength, resilience and achievements. We must pay homage to the women of our nation who fought tirelessly against the tyranny of the apartheid government.

 

The Bill on Gender Equality and Women Empowerment which seeks to ensure a 50/50 representation of women in decision-making structures in both the private and public sectors is welcomed by the NFP. What is lacking is effective implementation by all of us. Although there are women in decision-making bodies, they are however still very few.

 

The Grant Thornton International business report reveals that only 26% of South African senior management positions are filled by women. This has been fairly static for the past seven years but 2% down from last year’s study and this is posing a serious challenge.

 

We congratulate women for their amazing role they played in the liberation of our country and we also celebrate the role they continue to play. We pride ourselves with those who are in senior positions, especially those who have played a leading role even in difficult conditions in rural areas where there is a significantly high proportion of unemployment, poverty, inequality and underdevelopment but continue to strive to ensure economic and food security for their families.

 

Service delivery or lack thereof, impacts not only on the standard of living, health status and wellbeing, but also affects overall sociopolitical and socioeconomic conditions of communities and therefore, impacts on the overall quality of live. Socioeconomic development and the level of services are closely interlinked with gender. Women carry the brunt of finding alternatives for lack of service provision or when services are inaccessible due to costs. For example, water, electricity, proper housing, etc.

 

Violence against women is the most pressing, life-threatening and shocking danger that women face in South Africa. Young girls and women, especially elderly women, continue to live in perpetual fear for their lives because of the high levels of rape and killings.

 

Statistics indicate that in South Africa, someone gets raped in every four minutes. Only 66,196 incidents were reported to the police last year only. Their investigations led to only 4500 convictions. This is shocking and totally unacceptable.

 

The rate of murders of women is equally troubling. The study by the SA Medical Research Council reveals that a woman is killed by an intimate partner every eight hours in South Africa. In most cases, these are vulnerable women who do not have secured places. The NFP believes that there should be more places of safety built for the vulnerable children and elderly women who do not have families that look after them.

 

Perpetrators of these heinous crimes must be arrested and not be given bail. They have to rot in jail. In the face of all these adversities, women continue to achieve success and make valuable contributions in our country and the society. We, women, must continue to display female solidarity and inner fortitude to work together and inspire one another to be the best wherever we are placed to serve our country.

The NFP salutes and pay tribute to all women of South Africa. I thank you. [Applause.] 

 

 

 

Ms C N MAJEKE

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 5

 

 

 

 

The DEPUTY MINSTER OF SCIENCE AND TECHNOLGY

 

 

 

Ms C N MAJEKE: Hon Speaker, Ministers and Deputy Ministers, hon members, the United Democratic Movement joins millions of citizens of the country and the world in paying tribute to the women of South Africa for the central role they continue to play in liberating this country. These heroines acted as a conscious and formidable force of the liberation struggle, even sacrificing their lives for freedom.

 

Accordingly, any process which undermines the full emancipation of women is fundamentally hostile to the objectives of moving a nonracial, nonsexiest South Africa forward. In this regard, as this Parliament together with the people of South Africa, it is important to answer the question whether we have made and continued to make progress with regard to the issue of emancipation and the empowerment of women. We must continuously measure the progress we are making in this area so that we can determine what we should do next to improve the situation of women. There is no doubt that some progress has been made on women emancipation and empowerment, in particular in the public sector.

 

On this important day that celebrates our heroines, we make a call on the corporate world to meaningfully join the movement towards a nonsexiest society. Certainly, it is not possible to realise our full economical potential with women on the margins of the economic development agenda and process.

 

Women empowerment does not only relate to high positions in the public and private sectors. It must, amongst other things, mean that the ordinary women in the rural areas are freed from the daily arduous and back breaking tasks of walking long distance to fetch wood and carry river water. It is still happening in some areas where water taps have been installed but the is still no water coming out. The ordinary rural women should be freed from abusive stereo-cultural practices that undermine their humanity and freedom.

 

This emancipation should mean that we are making the necessary progress of arming women with education, skills and information so that they participate meaningfully in the economic and social development opportunities that are available in our country. Government should, amongst other things, strengthen its tender processes so that through its interventions, visible change in the lives of ordinary South African women is seen. Both the public and  private sectors source their services and products from women-owned and -managed businesses, taking the necessary measures to promote mentor, and empower business women. The commitment by government to buy locally must deliberately favour women.

 

Government must engage both the trade unions to act together to bring to an end the continuing sexual abuse of working women at the workplace and those seeking employment. Women’s rights must be protected if we are to decisively move a nonracial and nonsexiest South Africa forward.

 

As this Parliament and the nation, we have the responsibility and the duty to unite against barbaric acts of rape and abuse of women and children. We must ask ourselves what has happened to ubuntu when these inhuman things happen amongst us. We should not shirk our responsibilities by ignoring the abuse of women and children on the basis that it is the task of the police to deal with these matters. We must decisively discharge our responsibilities within the confines of the law.

 

We also need to pay more and special attention to the challenge of gender and to women who are handicapped as they face double jeopardy. This applies to the young and old. This is important because we sometimes find that women who are handicapped are open to more abuse than other women. The task of women empowerment and emancipation demands that South Africans increase their collaboration in moving a nonsexist South Africa forward. Indeed, by doing all these together, we will perfectly celebrate the 60th Anniversary of the Women’s Charter and 20 years of freedom whilst moving a nonracial and nonsexist South Africa forward. Thank you. [Applause.]  

 

Dr C P MULDER

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 5

 

 

 

 

Ms C N MAJEKE

 

 

Dr C P MULDER: Chairperson, in the past, in most conflicts, it was women and children who suffered the most. A few kilometres outside Bloemfontein, a traveller would find the National Women’s Monument. The monument was unveiled in 1913 to commemorate those boer women and children who died in British concentration camps during the war. You know, for every man that was killed on the battlefield during that war, nine women and children died in the concentration camps.

 

At the monument, the suffering of black women and children during the war is also acknowledged. For 80 years, the Bloemfontein’s National Women’s Monument remained the only national monument in the world dedicated solely to women and children. It was like this until 1993 when the Vietnam Women’s Memorial which adjoins the Memorial Wall was unveiled in Washington DC.

 

There are great many monuments and memorials around the world which have women as the primary focus. But for 80 years, none except the monument outside Bloemfontein had national status. I invite members to visit the monument with me. On either side of the centre oblique, two bronze freezes depict women and children suffering. On the one side, you see women and children and their few belongings on their way to the camps. They were mostly transported in open rail carriages used for transporting cattle. On the other side, the freeze depicts a company of women and children solemnly watching the death of a child in the camp tent.

 

Afrikaans:   

In enige stryd is vroue en kinders gewoonlik dié wat die swaarste kry, het ek gesê. Interessant, by die Voortrekkermonument wat in die dertigerjare van die vorige eeu ontwerp is, het die argitek ook besluit om ’n vrouefiguur as sentrale figuur voor die monument te plaas uit erkenning vir die belangrike rol wat vroue gespeel het.

 

Die verlede is belangrik, en ons durf dit nie vergeet nie. Tog is dit ons taak om besluite te neem vir die hede, nie net die verlede nie. Ons moet besluite neem wat verhoed dat die verlede herhaal word en dat dit in Suid-Afrika nou beter moet gaan met vroue en kinders as in die verlede. Ongelukkig is vroue vandag weer dikwels die slagoffers van geweld in ons samelewing. In Suid-Afrika word daagliks ongeveer 150 vroue verkrag. Dit is omtrent een vrou elke 10 minute.

 

In plaasmoorde en ander rooftogte skiet die misdadigers dikwels die man dood. Die gevolg is dat daar tans duisende vroueslagoffers in Suid-Afrika agterbly wat die trauma en probleme wat so ’n moord veroorsaak het, moet hanteer. So moet die ma van Taegrin Morris tans die trauma verwerk van haar kind wat dood is na hy agter ’n motor aangesleep is. Hoe wreed kan mens wees? Ons het ’n Padongelukkefonds wat help om die slagoffers van padongelukke by te staan. Is dit nie moontlik om iets soortgelyks vir die onskuldige slagoffers van misdaad in Suid-Afrika te vestig nie, veral dan die vroue? Waarom kan ons dit nie ook doen nie? Dit alleen, wat my bedref, as mens daarin sal slaag, sal al ’n groot bydrae maak om die posisie van vroue in Suid-Afrika in die toekoms te verbeter. Ek dank u.

 

Cllr D M NTINGANE

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 6

 

 

 

 

Dr P W A MULDER

 

 

 

 

Cllr D M NTINGANE: Chairperson of the NCOP, hon Speaker of the National Assembly, hon members, distinguished guests, the 9th August 2014 marked a historic day when the South Africans commemorated the Women’s Month under the theme: Celebrating the 60th Anniversary of the Women’s Charter and 20 Years of Freedom: Together moving a nonracial, nonesexist South Africa forward.

 

The 60-year journey since the adoption of the Women’s Charter on 17 April 1954, correctly gives rise to a triumphant celebration. This milestone comes at a time when South Africa looks back at the 20 years after the adoption of the Women’s Charter for Effective Equality of 1994, and 20 years after the advent of our democracy and freedom respectively.

 

South Africa has made significant legislative reforms and developed policies and programmes based on the Constitution of the Republic of South Africa and its Bill of Rights. These seek to promote and protect women’s rights at home, within the community and in the workplace. It is within this context that we continue to analyse the progress made in achieving gender equality and empowering women in South Africa.

 

The celebration of the 2014 national Women’s Month is also the beginning of the discourse and the engagement in taking stock of the challenges that still persist in attaining women’s empowerment and gender equality. This calls for us to celebrate the battles won and envision a substantial war to conquer in respect of further entrenching and transforming the agenda on women’s socioeconomic empowerment, rights and equality.

 

We have made great strides as Salga in the fight for gender equality and this includes the establishment of Salga Women’s Commission, which seeks to ensure that gender mainstreaming and women’s issues in particular receive adequate and effective attention at local level in both policy and practice. [Applause.]

It is similarly imperative that as Salga we continue to reflect on the current status of representation and participation of women in the local spheres of government as we prepare for the 2016 local government elections.

 

The annual gathering of the Salga Women’s Commission lekgotla to be convened in November 2014 will provide a platform and an opportunity to reflect and review the achievements and challenges experienced by women; review progress made in the implementation of gender equality and empowerment measures for women; and celebrates achievements with regards to gender equity in local government.

 

A nonsexist society is one in which there is no discrimination in any form on the basis of sex. As local government, we strive to ensure that all members of society are afforded opportunities, facilities and resources without regard of their gender. This means that policies and practices relating to citizens must be able to meet the needs of all men, women, girls and boys within the communities.

 

I would like to extend our best wishes to all women for the Women’s Month, as we all agree that women are agents of change and the backbone of our society. Having said that, one would like to isolate women like Albertina Sisulu, who led the community of women in Johannesburg to make sure that today we have a local government that is representative of all women of this country. Wathin’ abafazi ... [You strike a women ...!]

 

HON MEMBERS ... Wathint’Imbokodo! [You strike a rock!] [Applause.]

 

 

 

 

 

 

 

 

 

 

 

Ms N I TARABELLA-MARCHESI

 

 

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 6

 

 

 

 

Cllr D M NTINGANE

 

 

 

Ms N I TARABELLA-MARCHESI: Hon Chairperson, whilst South African women were busy celebrating Women’s Day on 8 August, Mantombi Mosase, a woman from Qwaqwa, sustained severe burns and was severely beaten. This was all at the hands of her boyfriend. He locked her up for two days before she was rescued by the local police. She sustained various injuries throughout her body including her private parts. She was attacked purely because she demanded child maintenance from her boyfriend.

 

This highlights the extent of ongoing daily violence against women and gender inequality in South Africa. Although we can proudly say that we have made great strides, even though today I hear the hon Mulder from the FF Plus being the one that is debating, I wondered if he doesn’t have women in his party. [Interjections.]

The CHAIRPERSON OF THE NCOP: Order!

 

The MINISTER OF SMALL BUSINESS DEVELOPMENT: It’s not a point of order, Madam Chairperson, I just wanted to find out if the hon member can take a question, because it is not only women that have to speak on women’s issues.

 

The CHAIRPERSON OF TH NCOP: Would you like to take a

question ma’m?

 

Ms N I TARABELLA-MARCHESI: No, I am not going to take any question. But I just wanted to ask if he does not have representatives. That’s all.

 

The CHAIRPERSON OF THE NCOP: Thank you, Ma’m. But I think you should be reflecting, the hon Mulder is a member of the FF Plus, not the EFF. Please continue!

 

Ms N I TARABELLA-MARCHESI: Yes, I said the FF Plus. We cannot fully celebrate, yet, while women like Mantombi are physically abused and where three women end up being killed every day in the hands of those who are supposed to protect them. We cannot fully celebrate until great strides have been made in equipping women with many of the necessary skills. They need to access employment and improve their quality of life while contributing to our economy.

 

We cannot fully celebrate when in the past three years, 300 teachers were charged with sexually abusing girls at schools. We cannot fully celebrate yet, if women cannot support their families and still go to bed with empty stomachs. We cannot fully celebrate yet, if human trafficking is now rife, particularly in Harrismith, Free State, which have become hot spots where women and children are trafficked for the sole purpose of sexual exploitation and drugs, and with the alarming new trends of parents who are selling their children for prostitution. We cannot fully celebrate if the traditional practices, like ukuthwala still occur. This has become nothing but a practice of abducting young women and forcing them to marry older men.

 

Violence against women and children is nothing short of an epidemic in our country. It poses a significant threat to human rights and development of women and children. It is clear that women suffer very high levels of sexual assault, rape and domestic violence in this country.

 

People cannot take an advantage of opportunities if their lives are under siege, if their rights are not respected by their fellow citizens or their vision is limited by fear. The right to equality is the right of all human beings to be treated with dignity, respect and consideration, and to participate on an equitable basis.

 

As you all know, the right to equality for women and men is deeply entrenched in our Constitution. However, we seem to lack the will to implement the legislation that would guarantee the effective legal protection against discrimination, harassment and equal opportunities as well as the legal means to promote equality because gender and inequality are deeply rooted and deeply entrenched in our attitudes, societal institutions and also in the market forces.

 

We need strong leadership, the political will and a commitment to institute the policies that can trigger meaningful social changes, and allocate the resources necessary for gender equality and women empowerment. Therefore, Bills such as the Women Empowerment and Gender Equality Bill must be scrapped once and for all.

 

This Bill distracts us from the real issues, cannibalising the constitutional mandate of the Commission for Gender Equality, the CGE, a Chapter 9 institution. Besides overriding the mandate of the GCE, this Bill only duplicates provisions in a host of other Acts including the Promotion of Equality and Prevention of Unfair Discrimination Act; Employment Equity Act; the Basic Conditions of Employment Act; the Broad-Based Black Economic Empowerment Act; and the Human Rights Commission Act.

 

At the time when the Green Paper was prepared, the Minister who was to co-ordinate a comprehensive process for reviewing and assessing current legislation and policy did not do that; the then Minister, Lulu Xingwana was too busy squandering her department’s money and not addressing the real transformation for women in this country.

 

Instead of introducing new legislation, there are a number of issues that needs to be prioritised.

 

The CHAIRPERSON OF THE NCOP: Hon member, there is a point of order.

 

Ms A T DIDIZA: Hon Chairperson, I’m not sure if it will be parliamentary for an hon member to make an inference on a member who is not in Parliament, without saying that it is alleged; and actually to be so specific as though the member had squandered resources.

 

The CHAIRPERSON OF THE NCOP: Hon member, I need to take advice on the point that is raised. If it is an allegation, it would also help for you to mention that it is an allegation. Until I come back with a ruling, I think we must decease from labelling without evidence. Please continue!

 

Ms N I TARABELLA-MARCHESI: Should I continue?

 

The CHAIRPERSON OF THE NCOP: Continue, hon member, I said continue three times.

 

Ms N I TARABELLA-MARCHESI: Okay! Chair, we need a comprehensive audit of the existing legislation to identify where the gaps are. We must know why crucial pieces of legislation are not sufficiently implemented and what could be done to ensure that their objectives are realised. We must ensure that women, girls and sexual minorities are protected from violence. Empowerment means nothing if people are scared to walk in the streets.

 

We also need to address the scourge of teenage pregnancies. Teenage pregnancies trap so many girls and their children in permanent dependency and degrading poverty often accompanied by sexual violence.

 

IsiXhosa:

Okokugqibela, akhukho lizwe linongakwazi ukuba liqhubele phambili, ukuphuhlisa abantu abangoomama. Ayinakuba ifumanekile inkululeko ukuba abantu abangoomama abakhululekanga.

 

English:

We must always remember that the women who marched to the Union Buildings were women from all walks of life. They fought for this country and all who live in it. We must, therefore, continue to fight for the absolute freedom of women. Let us now engage real meaningful ways to ensure that women fully participate and contribute to our economy which needs all the help it can get. Thank you. [Applause.]

 

The CHAIRPERSON OF THE NCOP: Are you on a point of order, sir?

 

The CHIEF WHIP OF THE OPPOSITION: Yes I am, Madam Chairperson. I was just watching the line being broken, but any way, that’s fine. I just want to say that when you do take into consideration the ruling that we expect from you now, on that, that you do bear in mind that the member who was referred to is not a member of this House, and that we must be very mindful not to infringe on the constitutional rights of the members of this House to freedom of expression and freedom of speech. [Applause.]

 

The CHAIRPERSON OF THE NCOP: I will take that into consideration. The members of the House are enabled by a number of instruments to have freedom of speech. One of those is the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act. It protects members of this House only in as far as their articulations are accurate, not slanderous and are not defamatory. That is why the caution I made earlier on was to make sure that whatever you use and say against a member inside or outside this House you are sure that you have the facts. But thank you for the advice. That will be taken into consideration.

 

 

 

 

 

 

 

 

 

 

 

Ms M R MORUTOA

 

 

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 7

 

 

 

 

 

The CHAIRPERSON OF THE NCOP

 

 

Ms M R MORUTOA: Hon Chairperson, hon Ministers and Deputy Ministers, hon Members of Parliament and Legislatures and the SA Local Government Association, Salga, members of the public at large, my speech would be dedicated to stalwarts that led the 1913 campaign on land distribution, women of the Federation of SA Women, who launched the 1954 Charter and also those women who marched to Pretoria in 1956 and called for equality with regard to women’s rights. This Federation of SA Women was led by the ANC Women’s League. The multiparty women’s caucuses are mandated to represent the interests of women parliamentarians to promote the discussion of women’s issues in Parliament. This entails the discussions and scrutiny of legislation and its implementation on the social conditions of women.

 

I am impressed by the Deputy Ministers of Telecommunications and Postal Services and SA Post Office, Sapo, and also the Department of Science and Technology for focusing on women in the information and communication technology and also in science and technology which are very rare skills. Hence in the Fifth Parliament, we will be focusing on poverty in rural areas and the 20 years of democracy indicating what the ANC-led government is doing about those challenges.

 

The underdevelopment of rural areas due to, amongst others, urban migration of young men in pursuit of employment opportunities has in the main had an adverse effect on rural women. In many cases, rural women are exposed to harsh conditions of poverty and hard labour in energy generation and the collection of water.

 

Many rural women are without security of tenure as trust land held by national traditional leaders is often distributed among gender lines in favour of males. Such conditions and other similar ones have a chilling effect on women’s efforts to develop themselves and care for their dependants. It is therefore imperative not only to equalise opportunities and improve rural infrastructure, but also to configure rural resources allocation methods to respond to gender inequalities in a manner that seeks not only to eliminate them but to empower rural women.

 

The reality of the poverty of rural women imposes a normative duty on government and the society in full of basic human rights to dignity and equality, to ensure that access to socioeconomic rights by women is accelerated; for there can be no dignity nor equality in the midst of poverty and underdevelopment.

 

In order to address challenges that face women in rural areas, there needs to be access to funding, training, transferring technology, building partnerships, ensuring food security and access to land as well as monitoring inequality in the redistribution of land in order to address these conditions that these women are in.

 

In terms of addressing women’s economic and rural development, government has implemented several programmes, the Agricultural Women Empowerment programme and the Agricultural Development Finance programme.

 

LandCare Projects are responsible for empowering communities targeting women and children. The Micro Agricultural Financial Institutions of SA, Mafisa, programme benefited a large quantity of rural populations of which the majority of beneficiaries in these projects and programmes were women. Mafisa is a government supported financial scheme that aimed to increase productivity in farming and agribusiness operations.

 

The Comprehensive and Agricultural Support Programme, Casp, benefited a large quantity of rural people across the country of which the majority  were women. The Comprehensive Rural Development Programme is aimed at creating sustainable rural communities throughout the country.

 

The National Rural Youth Service Corps programme aims to enhance skills development by providing unemployed youth in the rural areas with opportunities to work in their communities and to be trained to provide the necessary services for local socioeconomic development.

 

Women have benefited through both the Financial Assistance Land Administration, Fala, programme, and specifically through one of its projects, the Ncera Macadamia Farming Project. The overall goal of the project is to utilise the Ncera land to create long-term, sustainable economic opportunities and jobs in Ncera and the surrounding areas.

 

The ANC has asserted in its 2014 national general elections manifesto that it will continue to improve the tenure security and administration of people living in the communal areas, with emphasis on the security of tenure of women.

 

South Africa has prioritised the empowerment of rural women through the mainstreaming of gender as part of a comprehensive rural development programme.

 

The SA Women’s Charter for Effective Equality states that women must have access to land and tenure rights, including women living under customary law.

 

The Land Reform Gender Policy Framework emphasises gender awareness on women’s rights when it comes to land. It calls for the use of gender sensitive methodologies in project cycles, socioeconomic empowerment of women and an integrated approach to gender issues.

 

The National Development Plan, the NDP, sets out specific milestones with regards to how the condition of women and society in general ought to be transformed. The NDP maintains that it aims to broaden ownership of assets to historically disadvantaged groups such as women and rural communities; it seeks to build an inclusive rural economy through increased direct and indirect jobs in agriculture, agro-processing and related sectors. It calls for action that will help achieve security of tenure for women communal farmers.

 

The phenomenon of urban poverty as a consequence of inequalities and lack of employment is more pronounced amongst women who remain most vulnerable to negative economic conditions. Many urban women live in squalor and semideveloped conditions mostly along the outskirts of cities and towns, and some in townships. Most of them are unemployed whilst others are either underemployed or engaged in informal trading or other survivalist business ventures aimed at consumption and minimum food security and access to household necessities.

 

It is therefore necessary that women who own small businesses and co-operatives are not only encouraged but are empowered and supported.

 

Women are still facing challenges even though South Africa has proven itself to being a pioneer in the emancipation of women on the global scale. It must be noted that South Africa, has made strides in ensuring that women access economic opportunities, and that the structural legacy of past policies is eradicated. However, more needs to be done to improve the conditions of the women in the informal sector to ensure that ultimately, they grow their enterprises and gradually graduate to the formal sector. South Africa still has many women operating in the informal sector where they struggle to access resources such as finance, infrastructure and the ease of running businesses.

 

An HON MEMBER: Cheers!

 

The Extended Public Works Programme, the EPWP, is a nationwide programme under the auspices of government and state-owned enterprises. It is aimed at drawing significant numbers of unemployed people into productive work, accompanied by training, to increase their capacity to earn an income.

 

The New Growth Path, the NGP, is aimed at enhancing growth, creating employment and equity.

 

Today, women own enterprises and are active participants in the economy. We have more women playing leadership roles across various sectors and making inroads in various fields of the economy.

 

The document of the Department of Human Settlements Vision 2030, on the road to 2050, states that there should no longer be poverty traps in rural and urban areas. It looks at eradicating backlogs of more than 2,1 million housing units, which translates to about 12,5 million people.

 

The Bavumile Skills Development programme is a women’s empowerment capacity-building initiative, aimed at identifying talent in the arts and crafts, and textiles and clothing sectors. It is a formal training programme to develop women’s expertise in the production of marketable goods and the creation of formal enterprises in the creative industry.

 

Technology for Women in Business, the TWIB, was introduced to accelerate women’s economic empowerment and the development of women-owned enterprises through the recognition of technology-based business applications and systems, and to unlock constraints to enterprise innovation and growth as well as global competitiveness.

 

The SA Women Entrepreneurs Network, Sawen, was established to fast-track support provided to women in addressing the challenges they face when establishing, strengthening and sustaining their enterprises. Sawen, is a membership organisation with a mandate to represent and articulate the aspirations of all women entrepreneurs who operate within the SA small, medium and micro economy sector.

 

The empowerment of women begins with the empowerment of girl children, so that the future is invested in them. It is thus impressive that South Africa has achieved high levels of enrolment by girls in primary, secondary and tertiary education. We must also act to protect vulnerable groups such as women, children, the elderly and persons with disabilities from violence. Interventions should be initiated to deal with the causes of widespread violence in our communities, including poverty and inequality. I thank you Chairperson. [Applause.]

 

 

 

Mr M G P LEKOTA

 

 

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 8

 

 

 

Ms M R MORUTOA

 

 

 

Mr M G P LEKOTA: Hon Chairperson of the National Council of Provinces, my dear friends, today we celebrate the women of our country who have made outstanding contributions in advancing our country.

 

After the 1913 Land Act, African women of the Free State were compelled to take passes, and they refused. They started a campaign that ran from 1913 to 1999. It is the only pass campaign, as far as I am aware, that fought and defeated the regime. However, the most important thing linked to this is that, as black women were organising for the campaign, there was a group of white women, the Afrikaner women in the main, who, because the northern provinces of the Free State and the Transvaal did not allow African children schooling, organised their husbands and pressurised them to contribute pieces of land so that they can construct schools for rural children to attend. My mother started her education in such a school called Susanna, between Ventersburg and Senekal. That school was completed in 1919.

 

When I started school, I attended Susanna school until I was in standard four, which was the highest class you could get to. Susanna is still there as I speak - the remnants of the building are there. Mr and Mrs Malan’s  grandchildren have now got their piece of land back since we asked government to give it back. The group of women organising for the cause made this contribution.

 

Of course, there is an important example I also want to remind you of. When blacks were removed from the voters’ roll in the old times, among other things, some white women organised themselves to mourn this action taken and called themselves the Black Sash. They organised a campaign to assist our communities, especially the African communities, to fight the pass laws. Sheena Duncan was one of the outstanding examples who participated in the campaign.

 

When I was in Robben Island alongside my comrades, some of whom are here amongst you, we were living under very severe conditions. [Interjections.] This is serious. There was one woman who was a Member of Parliament in this House and  was constantly visiting us. She observed how we were being treated and would come to us, stand and object to the bad treatment that former President Mandela and all of us were receiving in prison. She would be shouted down by the majority. Her name was Helen Suzman. [Applause.]

 

We celebrate the women of our country. Let’s celebrate the women of our country, those who were mentioned, like Sheena Duncan. Mrs Malan also, was the lady who started that school I was talking about, where my mother and I attended. Charlotte Maxeke, the first woman leader from the black communities in the women section of the ANC. Of course, the women’s league was not there then. Charlotte Maxeke was one of those women who were campaigning - that is what I am talking about. I don’t have much time to mention them all. I am just saying to you that it is a much longer history than fighting about petty issues here.

 

You have to look at the broad picture of where South Africa has travelled to get where it is. I am very proud that I have put it in the Hansard of the country so that you can read and refer to, please. Cherish the history that we should not allow to fade.

 

The women of our country, young and old, must take these examples, confront the situations of Khayelitsha, Diepsloot, Olievenhoutbosch and ask themselves: What can we do to follow the examples of these women by supporting them. I thank you. [Applause.]

 

 

 

 

 

 

Ms L MATHYS

 

 

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 8

 

 

 

Mr M G P LEKOTA

 

 

Ms L MATHYS: Hon Speaker, the EFF’s hon Veronica has just highlighted the horrific plights of women, women in three sectors; the domestic workers being one of them. I just want to make a comment on domestic workers who have a minimum wage of R1 877,70 per month. The EFF has proposed that domestic workers should receive a minimum wage of R3 500. It did not only propose this - you see, the worker in our office receives her R3 500 salary every month.

 

The second thing she highlighted is the plight of women in rural areas and also the 27% of unemployed women in our country and that, mind you, is 3,3% higher than men. I am going to highlight the plight of women in the mining sector. I forgot my hot cap in the office unfortunately, but I am dressed appropriately.

On 16 August 2014, and that is less than a week ago, I was part of the thousands of caring South Africans who commemorated the mineworkers who were massacred in Marikana. My heart remains deeply pained from my interactions with the widows of Marikana whose husbands were brutally killed by a police force which was supposed to protect them.

 

In a study conducted late in 2012, the Bench Marks Foundation released a sobering report on the harassment, violence and discrimination that women in the mining sector are facing. The report urged the government to investigate the conditions of women in the mining sector, but it appears as if little has been done. Rape, sexual assault, and physical abuse continue to be the order of the day.

 

There really have been no genuine efforts to address the dire, unequal and often horrendous and dangerous working conditions women mineworkers are subjected to in their brave and desperate attempt to provide for their families. The vulnerability of the working-class women is captured in the daily struggles of women mineworkers.

 

Women who are the spouses of mineworkers are not excluded from the suffering. Beyond the social conditions, they lose their husbands too; they lose them to death because of TB and death because of protests for fair and decent wages. Thirty four families do not have breadwinners today and have not had one for two years because the police force opened fire and killed them; and many of them with more than 10 bullets each.

 

How do we speak of the glorious women’s emancipation in South Africa? How do we speak about all these conferences we have hosted yet we have not attended to the widows of the miners killed in Marikana. We have a police force that killed their husbands, a government that buried them and then what? Then the EFF steps in and truly understands what the emancipation of women is and in the limited way that we possibly can. [Applause.] You see, we will build houses for the widows of Marikana. We will pay their children’s school fees. [Applause.] We will buy water tanks because, unfortunately, the piping for the provision of water is a bit outside of what we can do at the moment. We will provide practical assistance to all those widows of the miners who perished in Marikana.

 

We can say with certainty and conviction that at the next women’s debate, Nolundi Tukuza’s four children will be attending school with new school uniform, school supplies and food. MmaThabang from the Free State will a have a decent spacious house with proper sanitation. The EFF is not in government yet, but be assured that we are a government–in-waiting. We have started rolling out programmes ... [Interjections] ... to practically change the lives of our people. We will achieve this and we will achieve it in our lifetime. [Time expired.] [Applause.]

 

 

 

 

 

 

 

 

Mrs C DUDLEY

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 8

 

 

 

 

Ms L MATHYS

 

 

Mrs C DUDLEY: Hon Chairperson, during the Take a girl child to work campaign in May, our President himself heard about the anxiety experienced by South Africa’s young women over the Boko Haram abductions in Nigeria. This anxiety has been significantly heightened by reports of beheaded women and children by the terrorist army, Islamic State or Isis in Iraq.

 

One young woman asked you, Mr President, in your presence, what you would do if schoolgirls were abducted in South Africa as they have been in Nigeria. Your response was exactly what we wanted to hear: “We would never sleep; we would look for you until we find you”, you said. The problem is, actions speak louder than words and more than 200 of the 300 Christian girls are still missing and Boko Haram continues to abduct.

A hundred men and boys were taken this week in northeast Nigeria, husbands, sons and brothers and women are acutely affected by this tragic and terrifying loss. The ACDP applauds the actions of troops from Chad that rescued 85 of those men and boys. People are asking: What are we doing in South Africa to help? Are we saying or doing enough? Are we engaging at any level in order to help get the abducted girls safely back or to ensure the safety of people under attack in Iraq?

 

The Archbishop of Canterbury has expressed grave concern about the violence in Iraq calling for reassurance that the commitment to religious freedom will remain a priority for the United Kingdom government. This reassurance is also needed in South Africa. While Islamic extremists have not hidden their intention to impose Sharia law globally, who would have thought this would be taking place so blatantly in the capitals of the world like London, Paris and Brussels. These are not arbitrary uprisings but long-planned coups backed by an increasingly well-developed Islamic economic system.

 

The Archbishop has called for the appointment of an Ambassador-at-Large for International Religious Freedom to demonstrate government’s serious commitment to developing an overarching strategy against Islamist extremism and violence as it is developing across the globe.

 

The Women’s Charter calls on us to strive for permanent peace throughout the world. Our words must loudly and clearly condemn attacks on women, their children and  men as well as condemn attacks on their freedoms. Presently in Iraq, people are being given the option to either convert, pay a fine or die but even this is a lie as local reporters say the reality is “convert or die”.

 

Mr President, the ACDP calls on you to rethink your comment where you said that things such as abductions happen under certain circumstances and would never happen in South Africa. We are concerned that your overconfidence ignores the realities. The ANC's blanket approval of and support for the Islamic extremist terrorist group Hamas will not always shield us. For now, yes, but the day will come when the shocking realities will be within our borders and when we say no, there will be no mercy.

Our own freedom of religion will not hold up on its own, if we stand by while global terrorism destroys freedom of religion around the world. We will stand alone when we are under siege. Thank you.

 

 

 

 

 

 

 

 

 

 

 

 

The CHAIRPERSON OF THE NCOP

 

 

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 9

 

 

 

 

Mrs C DUDLEY

 

 

FREEDOM OF SPEECH

(Ruling)

 

The CHAIRPERSON OF THE NCOP: I wish to go back to the point of order made by the hon Didiza on the statement made by the hon Tarabella-Marchesi and, in particular, her response to an assertion made by the hon Tarabella-Marchesi in words to the effect that the former Minister Xingwana did not do her work to pass the necessary policies and legislation because she was busy squandering money. The Chief Whip of the Opposition stood to say that we should be cautious when we come back on a ruling on this matter, because members of this House – and, in fact, Members of Parliament – have the right to be protected and the right to freedom of speech.

 

It is true that members of the House have the right to say whatever they have to say without fear. It is also true that members of the House are protected to say whatever it is that they have to say. It is also true that section 25(1) of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act gives people who are members of the public or members of the communities who might not be in this House some protection, and I want to quote, because it states:

 

A person other than a member, who feels aggrieved by a statement or a remark made by a member or a witness in, or before, a House or a committee about that person, may submit a written request to the Secretary, to have a response recorded.

 

In other words, members of this House do not have a blanket approach to say whatever they want about people who are not present to defend themselves. I would want to caution Members of Parliament to always exercise caution when dealing with people who are away, who are outside, who are not protected, in such a way that they do not end up finding recourse by taking the matters to other places to find recourse to protect themselves.

 

I think that it is always important for Members of Parliament to do the honourable thing. If it is an allegation, say it is an allegation. If you have proof, produce the proof, so that, at all times, we do not use the shield and the mantra of having freedom of speech in the Houses to actually say things that we know will not stand the test outside of this House. That is my ruling.

 

The CHIEF WHIP OF THE OPPOSITION: Madam Chairperson, may I ask a question in relation to that ruling? It is obviously going to set a precedent in this House and I need to be clear on that precedent that you set. Are you saying in your ruling that the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act now supersedes section 58 of the Constitution? [Interjections.]

 

The CHAIRPERSON OF THE NCOP: I am saying that Members of Parliament are honourable members. I am saying that you have freedom of speech. I am also saying that members must be cautious not to infringe upon the rights of the people who do not sit in this House, to say things about people who are not in this House to protect or to respond to their own names. It is a very simple conclusion, and I am putting a caution to members. [Interjections.]

 

Mr J MALEMA: Chair, I want to appreciate what you are saying on the basis of a common understanding that it is a caution and not a ruling, so that, what we say here about other people and what other people want to do to us is our business with those people and not your business. [Interjections.] So, we can either accept your caution, which is a word of advice, but it should never be interpreted as a ruling, because the Chief Whip of the Opposition is right. If it’s a ruling which we must live by, then we have a problem with that.

The CHAIRPERSON OF THE NCOP: Hon Malema, thank you very much. [Interjections.]

 

Mr C NQAKULA: Chairperson, there are many variables that obviously come into this matter. That being so, it is going to be important for us to understand what we are saying. You see, the problem with a debate of this kind is that, in the first instance, it creates precedents. In the second instance, however, it deals with people who will not find recourse with respect to allegations that are made against them.

 

Many of us know of a number of instances where someone stands up and makes an allegation. It does not matter whether they preface it by saying “it is alleged”, because what then happens is that that allegation sits with that person for years and ... [Interjections.] ... hon Malema, I am sure you appreciate what I am saying – that an allegation made against you ...

 

Mr M WATERS: Chairperson, is this a point of order ...

Mr C NQAKULA: It is a point of order!

 

Mr M WATERS: ... or a lecture from the hon member? [Interjections.]

 

The CHAIRPERSON OF THE NCOP: Please take your seat. Proceed, hon Nqakula.

 

Mr C NQAKULA: Chairperson, I’m doing exactly what they did. They did not stand up on a point of order. They are arguing a case, and I’m doing the same. I am arguing a case. I’ve made my case. Thank you very much. [Interjections.]

 

The CHAIRPERSON OF THE NCOP: Hon members ...

 

The CHIEF WHIP OF THE OPPOSITION: Madam Chairperson ...

 

The CHAIRPERSON OF THE NCOP: I didn’t recognise you. Please take your seat.

 

The CHIEF WHIP OF THE OPPOSITION: I’m asking to be recognised. [Interjections.]

 

The CHAIRPERSON OF THE NCOP: Please take your seat. I will recognise you when I want to.

 

The hon Chief Whip of the Opposition made reference to section 58 of the Constitution, which talks to privilege. Section 58(1) states that Cabinet Ministers, Deputy Ministers and members of the National Assembly have freedom of speech in the Assembly and in its committees, subject to its Rules and Orders. [Interjections.] Subject to its Rules and Orders. [Interjections.] Subject to its Rules and Orders! [Interjections.]

 

The Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act ... [Interjections.] ... is one of those instruments which gives effect to ... [Interjections.] ... you will respect the Chair. [Interjections.] You will respect the Chair! [Interjections.]

 

Mr N F SHIVAMBU: Chairperson, you know, we are very worried. [Interjections.]

 

The CHAIRPERSON OF THE NCOP: Hon Shivambu, I have not recognised you. [Interjections.]

 

Mr N F SHIVAMBU: It looks like every time you come this side, you cause disorder here. [Interjections.]

 

The CHAIRPERSON OF THE NCOP: Hon Shivambu, please take your seat. [Interjections.]

 

Mr N F SHIVAMBU: We have been operating properly, and then you come from the other side. You cause disorder here ... [Interjections.]

 

The CHAIRPERSON OF THE NCOP: Hon Shivambu, please take your seat!

 

Mr N F SHIVAMBU: We are now in court because of this thing. [Interjections.] Please protect the integrity of this House. Please! [Interjections.]

 

The CHAIRPERSON OF THE NCOP: Hon Shivambu, take your seat. [Interjections.] Section 58 recognises that this House is enabled and empowered to make its own orders and to make its own rules. It recognises that. If it did not recognise that there would be instruments and rules and orders which this House could make, it would not have made reference to that. [Interjections.]

 

I have said that I caution members not to continuously make allegations, especially against members who do not sit in this House and therefore cannot stand and protect their own names. [Interjections.]

 

An HON MEMBER: Like Helen Zille! [Interjections.]

 

The CHAIRPERSON OF THE NCOP: We are not talking about Helen Zille, however. [Interjections.]

 

Ms L L VAN DER MERWE: Chairperson, on a point of order: In fact, there is a case by the Public Protector that is currently being investigated against the member in question, or the ex-Minister in question, pertaining to the allegations that the member has made. So, I think what simply should have been said is that she should have said “alleged transgressions” or “alleged squandering of money”. I think it is as simple as that, really.

 

The CHAIRPERSON OF THE NCOP: Hon member, that is what we advised. [Interjections.] That is what the hon Didiza stood up to say. Is it an allegation? State it is an allegation. It has not been proven. We repeat that by saying unless you can produce proof, it is safer for members to refer to “allegations”.

 

Ms L L VAN DER MERWE: Well, Chairperson, I would just like to add that the member is not out of line by saying that those allegations are on the table, because, in fact, I have referred the matter to the Public Protector, and it is being investigated. [Interjections.]

 

The CHAIRPERSON OF THE NCOP: Hon member, that is not contested. We have cautioned the House. If there is a member or anybody who is not a member, or anybody who is outside this House that you allege has done something, please accept that you are making an allegation. If there is a matter that is before an investigating body or before court or before the police, accept that it is there and that that matter will be referred to. [Interjections.] Yes, Chief Whip of the Opposition.

The CHIEF WHIP OF THE OPPOSITION: Thank you, Madam Chairperson. I think we need to be very, very clear in the House, because we really are treading on very cautious ground here. As regards the Powers, Privileges and Immunities of Parliament Act, you didn’t read section 58(1)(b) of the Constitution, which states:

 

... are not liable to civil or criminal proceedings, arrest, imprisonment or damages for –

  1. anything that they have said in, produced before or submitted to the Assembly or any of its committees ...

 

I am quoting from Parliament’s own Guide to Procedure which states:

 

The Constitution provides that other privileges and immunities of the Assembly, Cabinet members and members of the Assembly may be prescribed by national legislation. The Powers and Privileges of Parliament Act, No 91 of 1963, which predates the Constitution and is valid to the extent ...

 

and this is the important part:

 

... that it does not conflict with it, provides for this.

 

So, where the Powers and Privileges of Parliament Act infringes on section 58, it is invalid.

 

The CHAIRPERSON OF THE NCOP: What is the point that the hon member is making? [Interjections.] My ruling in no way infringes on the rights of members of this House. It says that members must be circumspect. They must be cautious in what they are saying. [Interjections.] It says that – and we must reiterate that, in fact – freedom of speech must, necessarily, be a very seriously guarded right of every citizen of this country. My ruling in this regard, hon member, is that ...

 

Mr N F SHIVAMBU: Chairperson ...

 

The CHAIRPERSON OF THE NCOP: ... I am cautioning members to be circumspect ...

 

Mr N F SHIVAMBU: Chairperson ... [Interjections.]

 

The CHAIRPERSON OF THE NCOP: ... in the way in which you treat other members and other persons who are not necessarily members in this House, to defend themselves. [Interjections.]

 

Mr N F SHIVAMBU: Chair ...

 

The CHAIRPERSON OF THE NCOP: In this way – Mr Shivambu, please take your seat; I am speaking. [Interjections.]

 

Mr N F SHIVAMBU: Is it possible to ask for your removal? [Interjections.] Can we have a different Chairperson? [Interjections.]

The CHAIRPERSON OF THE NCOP: Mr Shivambu, please take your seat.

 

Mr N F SHIVAMBU: Can we have a different Chair to, at least ... [Interjections.] ... because we are being emotional now. [Interjections.]

 

The CHAIRPERSON OF THE NCOP: Mr Shivambu, please take your seat.

 

Mr M HLENGWA: Hon Chairperson. The CHAIRPERSON OF THE NCOP: Yes, sir.

 

Mr M HLENGWA: Chair, I don’t really want to get involved ... [Interjections.] I really don’t ... Oh. You must excuse the factors of height.

You have made a ruling and I am afraid that, if you open a debate on it, you set a precedent that rulings must be debated. [Interjections.] I would plead that, if there is contestation over what you have said, then the due process of the House be followed. If I make an example of myself, I have been kicked out of the House for something which I personally felt was not right. If I have a problem with the due processes and the ruling, I must then appeal it outside of the House. Chairperson, I would plead that you not allow your own ruling to be debated and set a precedent for debating the rulings. [Applause.]

 

The CHAIRPERSON OF THE NCOP: Hon member, I am not allowing it. I am saying that freedom of speech must be a jealously guarded right. [Interjections.] I am also saying, and I am repeating myself very deliberately, that members of this House and any other House in the legislative sector of South Africa which is governed by both the Constitution and the Powers and Privileges Act, must be circumspect in the way that they treat people who are not necessarily members in the Houses where they mention or make allegations against them.

I am also saying that ruling in no way infringes upon the rights of the members to freedom of speech. [Interjections.] [Applause.]

 

 

 

Mr M P GALO

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 10

 

 

 

 

The CHAIRPERSPON OF THE NCOP

 

 

 

Mr M P GALO: Hon Deputy Chair, the AIC is entering this very important debate with great concern given the fact that South African violence against women is rated the highest in the world. Recently, Reeva Steenkamp, the model and the law graduate was shot and killed by Oscar Pistorius. Statistically, just one out of three women is killed on Valentine’s Day by an intimate partner according to a study on violence against women.

 

Statistics also estimate that of all the matriculants - the high school graduates - in a class, one third have been raped and more that 30% of girls have been raped by the time they are 18. If that is the case, what exactly are we celebrating? Are we celebrating the fact that we are lacking value-based leadership in this country which is replaced by transactional leadership that is concerned about the get-rich-quicker interests as above those of the nation? Who are these people who are leading us in this country? We must answer that question.

 

Discipline and acceptable behaviour in any society cannot be negotiated, but must be enforced. If we are concerned and serious about the dignity and wellbeing of our beloved women and children, we must make laws that bind. It cannot be correct that we will come here year in and year out celebrating the so-called “women’s month” while our mothers, sisters and children are being killed and raped almost every day.

 

In conclusion, the AIC is calling upon this august House to consider bringing back the death sentence on serious cases of rape of the elderly people, young girls and children with disability or else the President of this country must call for a referendum on this matter for the masses of this country to decide and give direction.

 

If the members of the SA Police Service in this country can kill the mineworkers who were fighting for their rights on the mines, then you are protecting the criminals who are making the lives of our children ... Thank you very much. [Time expired.] [Applause.]

 

 

 

 

 

 

 

 

 

 

 

 

 

Ms B S MASANGO

 

 

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 10

 

 

 

Mr M P GALO

 

 

Ms B S MASANGO: Hon Deputy Chairperson, I feel very honoured to participate in this occasion which is a fitting recognition of the 60th anniversary of the Women’s Charter and the 20 years of democracy which is rightly calling upon us – all of us - to do our level best to help propel South Africa towards its revered destination of a nonracial and nonsexist society.

 

The movement dates back 60 years ago when the advancement for the status of women found unambiguous articulation in the Women’s Charter. The intent and purpose thereof was very clear; it was to right the wrongs that ravaged their lives,  families and communities. As a disempowered sector of the society, these women could have just remained wallowing in self-pity, but they did not do that, instead they chose to take positive action. The Charter’s clear message stated:

The level of civilisation which any society has reached can be measured by the degree of freedom that its members enjoy. The status of women is a test of that civilisation. Measured by that standard, South Africa must be considered quite low in the scale of civilised nations.

 

From this generation of freedom fighters, history tells us that today’s women continue selflessly to put a firm grasp on the baton to make the changes we want to see in honour of the courageous efforts of the heroines who took the first step 60 years ago. Today’s reality is rooted in the struggles of those women that came before us and who took a stand against all forms of denial of their rights. The image that is presented in this House alone is a true reflection of a multiparty democracy which includes women.

 

As we all know, the test of any legislation is in its practical implementation and the impact of the application or implementation in changing the landscape of the sector it ought to change. So, how have we faired as South Africa in these stakes? According to the Millennium Development Goals Country Report of 2013, and I quote: “South Africa has since 1994, introduced the raft of laws that directly address gender issues, has ratified a range of gender relevant international conventions and instruments, and has established structures to address gender issues.”

 

The report also gives a very sobering picture that more and more still needs to be done. What then can be done today to ensure that the gains that were heralded by these mighty women are not lost? We do not need to look any far because from speaker to speaker even this afternoon, it has been very clear that more still needs to be done. I just gave a snapshot of a picture that threatens to dwarf the gains of our democracy.

 

In some respects, very key respects, I have to add that women have not enjoyed the fruit of democracy. For instance, land ownership for women on traditional lands, remains an issue.

 

The Traditional Courts Bill that lapsed in the NCOP in the Fourth Parliament intended to entrench further the discrimination against women, when it came to, especially, representing their issues before the traditional court. I just need to mention statistics that say 85% of rape meted out on women and children is committed by people known to them.

 

What about child maintenance defaulters? Where are the fathers that are responsible?

 

A young woman, for example, was  murdered last week allegedly for being a lesbian. This is happening in the democratic state where the right to life is enshrined in the Constitution of this country.

 

Rapists get bail and they walk the streets of our communities only to traumatise their victims further.

 

So, the whole issue of this rampant women abuse is still an everyday occurrence in our society where women from all walks of life have tried to do what they can, to first highlight this issue and to bring about ways to do that. I wish to acknowledge the presence of such women this afternoon in the person of Meg Rickards who embarked on a one woman walk on 8 August from Cape Town to Muizenberg to highlight the plight of abused women and to raise the much needed funding for the film on women abuse that she is working on. [Applause.] I am glad to also ask the Minister of Women in the Presidency, the hon Chabane ... [Interjections.]

 

The DEPUTY CHAIRPERSON OF THE NCOP: Hon member, just hold it. In respect to the decorum of the House, hon members may you please take your seats. Hon Van Lingen, we cannot be standing at the doors as if we are not allocated seats here. May we please take our seats. I did not expect a response. I did not ask for a response, I am ordering the members to take up their seats. May you proceed, hon member?

 

Ms B S MASANGO: We also need to focus without waiver in our enduring efforts to eradicate the oppressive legacy against women and heal the scars that laws of the past have inflicted on them.

 

In conclusion, as I salute all the women of this country for their resolve in advancing the status of women in the respective sectors and occupation, I wish to salute some women who pioneered the struggle against oppression. These women include: Margaret Ballinger, the founder of the Liberal Party; Helen Suzman, one of South Africa’s anti-apartheid activist and politician; Molly Blackburn, South Africa’s anti-apartheid and political activist, civil rights campaigner and politician; and lastly, Eulalie Stott, the Black Sash founder, anti-apartheid activist and the champion of housing for the poor. [Interjections.]

 

I started by saying all the women of this country. These women and more used the plight they witnessed to bring about lasting change in this nation. Thank you. [Time expired.] [Applause.]

 

 

 

 

Mr M M TSHISHONGA

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 11

 

 

 

 

Ms B S MASANGO

 

 

Mr M M TSHISHONGA: Chair, hon members, equality legislation simply reminds us that there is no need to have victims and victimisers, we can all be victors. Why some of us decided to be victimisers remains to be explained. The only thing is that we must remember that there is not much difference between us, except that a woman has a womb and a man doesn’t have one. [Intejections.] [Laughter.]

 

Since the dawn of the new South Africa women enjoyed equal rights, but unfortunately, equal rights in theory only. Women in South Africa are still victims of violent crimes, unemployment, homelessness and other social adversity. In fact, the majority of women in South Africa are in crises. It is a norm for government and men generally to be kept responsible, and rightfully, for the less favourable position of women in our society.

 

We as men, that is, men without wombs [Laughter.] and those in government cannot with a clear conscience claim to be doing the best we can to ensure the flight of our women. We desperately need to elevate our women standing in society for the sake of our collective good. Without a purposeful and genuine execution of a workable plan to improve the situation of women, we are working towards the demise of the nation as a whole.

 

But most importantly, is that society as a whole has to review its current value system because it is here where we find the root problems of the plight of women. Womb creation leads to maternity wards. Last week, I visited the Seshego Hospital and noticed that its maternity ward needs some attention.

 

Once we succeed in realising and accepting that women have a special and very important role in our society we would go a long ... [Interjections.] May we all become victors. Thank you.

Ms L L ZWANE

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 11

 

 

 

 

Mr M M TSHISHONGA

 

 

Ms L L ZWANE: Hon Chairperson of the session, hon Ministers and Deputy Ministers present, hon Members of Parliament, our guests, ladies and gentlemen, let me thank the opportunity to take part in this very important debate where we celebrate the 60th anniversary of the Women’s Charter and 20 years of freedom. Maybe it is also fitting to acknowledge that today we also celebrate the launch of the United democratic Front, UDF, which was launched on 20 August 1993 in Cape Town. [Applause.]

 

Allow me to refer to some provisions of the Freedom Charter and I want to quote where it says, “the rights of the people shall be the same regardless of sex, colour and race.” It further says that, “the national wealth of the country, the heritage of South Africans shall be restored to the people.”

In the past 20 years the ANC-led government has transformed this country. It has transformed the country that was undemocratic, unrepresentative, oppressive, a corrupt state serving a minority and  turned the state into a unitary nonracial, nonsexist, democratic state answerable and representative to all South Africans. This is what women were yearning for in the Women’s Charter.Adopted on 17 April 1954 in Johannesburg, women said:

 

We women share with our menfolk the cares and anxieties imposed by poverty and its evils. As wives and mothers, it falls upon us to make small wages stretch a long way. It is we who feel the cries of our children when they are hungry and sick.

 

We march forward with our men in the struggle for liberation and the defence of the working people. We pledge ourselves to keep high the banner of equality, fraternity and liberty. As women, there rests upon us also the burden of removing from our society all the social differences developed in past times between men and women, which have had the effect of keeping our sex in a position of inferiority and subordination.

 

As we celebrate this anniversary and 20 years of freedom, we pride ourselves in the fact that a lot has been done by the ANC-led government to emancipate women and bring about equality between men and women. We cannot forget to acknowledge the effort, contribution and the selfless sacrifice of those women who fought the struggle and have gone before us and paved a way for us to be able to participate in these fruits of democracy. By the way, they did not fight for a specific party but they fought for everybody in this room.

 

We cannot forget to mention a few like ...

 

IsiZulu:

... omama u-Charlotte Maxeke, omama u-Lilian Ngoyi, omama u-Helen Joseph, omama u-Bertha Mkhize, omama uMadikizela-Mandela, omama uNkosazana Zuma...

 

English:

... the Chairperson of the AU Commission, Adelaide Tambo, ...

IsiZulu:

... omama u-Albertina Sisulu nomama uNosipho Ntwanambi. [Ihlombe.]

 

English:

Another set of women that I think is important to celebrate because whilst they were not active politicians, they however, brought up, nurtured and moulded our own leaders that have resurrected this country from the ashes of apartheid to where it is today. Umama uNonqaphi Nosekeni, the third wife of Inkosi Mphakanyiswa Mandela of the amaMpevu clan, the mother of the former President Nelson Mandela, needs to be acknowledged because she did a good job.

 

IsiZulu:

Umama osanda kusishiya umama u-Epainette Mbeki ...

 

 

 

English:

... the mother of former President Mbeki, the second President of the democratic South Africa. Umama uGcinamazwi Zuma, the mother of the incumbent President, ...

 

IsiZulu:

... owakhulisa uMongameli nezingane zakwabo ...

 

English:

... under very trying circumstances as a domestic worker. But despite those difficulties, she brought up the President of the country who is leading us in taking South Africa forward.

 

A lot has been done to address the basic needs of women and to pass legislation that has actually protected women and children. Before I proceed I want to refer to what hon Robinson said when he said that there is a lot of crime, women are not protected and the government is not doing anything about it. I want to refer to her by saying that I am surprised that as an hon member, she is not aware that there is legislation that protects women against abuse. I am surprised that she does not know that there is legislation that has actually strengthened sentences meted out to people who abuse women and children.

 

There is also a lot of lamentation about the fact that there are a lot of abusers. Yes, there are and do you know why? It is because the tendency to develop to be an abuser is created by the fact that in most cases children grow in an environment where parents are away, particularly mothers. When we conduct an investigation as to where their mothers are? Mothers are out in the city fending for their children to get bread and milk for them, to get all the needs for those children. But where are they in the city? They are working as domestic workers, serving the madam and the monsieur. [Applause.]

 

I also want to refer to the issue raised by the hon member of the EFF, the hon Nqweniso, regarding the issue of wages for farmworkers and domestic workers. I want to say that let us put the whole thing into perspective. When the government of the people by the people took over, those people were not even earning a salary. They were given rations, and this very government has developed legislation and a specific formula is used where we consider the consumer price index, the CPI, and we add 1% or 2% and define the areas where these people are working. We then  determine on this basis what amount they are supposed to be getting. You can come with  proposals but the ANC has paved a way. [Applause.]

 

With regard to the provision of water as a basic service, we still have a lot of work to do. But remember that we are facing challenges as well. We are working, trying to provide our people that are deserving,  with water and other basic needs. And there are people that are tempering with the systems, connecting to the services illegally. Those people are not sent by the ruling party. [Applause.]

 

On the issue of provision of electricity ...

 

IsiZulu:

... uyabona uma ngabe ufaka ugesi emzini, noma yimuphu umuzi lapho ufaka khona, ikakhulukazi laphaya emaphandleni. Usuke usho ukuthi lapha kulo muzi umama wakhona ngeke asahamba amahora amathathu ayotheza izinkuni abelethe ingane emhlane, abuye negane, nezinkuni ekhanda, azobeka ibhodo eziko. Agqamuke-ke ubaba ahlale adle nezingane zakhe. Usuke usho njalo. [Kwaphela isikhathi.] [Ihlombe.]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mr N T GODI

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 12

 

 

 

 

 

Ms L L ZWANE

 

 

Mr N T GODI: Hon Chairperson, comrades and hon members, it was in the crucible of struggle and in the formations of the liberation movement that the progressive ideas of gender equality were conceived and mainstreamed. The empowering of women is an integral part of our transformation journey, be it through affirmative action or employment equity.

 

As a country, we owe a lot to the women of our nation. Women are at the centre of our existence as communities. If we look at that beyond the narrow prism of politics, women keep families together and are the core of our communities. It is to our credit as a country that progressive legislations are in place to enable the realisation of the full potential of women in our country. Our challenge is to ensure that the lived experiences of our women are in line with the values and aspirations of our Constitution. We are challenged to close the gap between our laws and the reality of women’s experiences, especially African women in the slums, rural areas and  farms.

 

African women continue to be the victims of patriarchy, racism and capitalist exploitation. We salute the heroines of our struggle- those who served, suffered and sacrificed for our freedom.

 

But I would be failing in my duties, if we were to  celebrate the women of our country, if we were to forget the suffering of the women of Palestine, especially the women of Gaza who are facing horrible challenges visited upon them by Israel, supported by America. [Applause.] We have the responsibility to support the people of Palestine in their struggle for freedom, and to wish success and courage to the resistance fighters. Thank you. [Applause.]

 

Mr M KHAWULA

 

 

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 12

 

 

 

 

Mr N T GODI

 

 

 

Mr M KHAWULA: Hon Chairperson, the IFP applauds the hundreds of thousands of women of South Africa who braced the sun in 1956, during a historic much to Pretoria to demand their birth right to equality from the brutal government of that time. These were remarkable women from all walks of life whose unity went beyond the pity boundaries of race, religion, ideology and colour. They were brought together by the real principle of unity. Generations today can learn a lot form their principle of unity and how much can be achieved if togetherness is pursued appropriately.

 

As South Africans we, draw much enthusiasm from the Women’s Charter of 1954, and the 1994 Women’s Charter for Effective Equality. The IFP under the leadership of Prince Mangosuthu Buthelezi has always put gender equality and gender mainstreaming issues high on the agenda, hence the active women’s brigade wing of the party from its inception. The IFP in this House and in the country has always been part of intensive lobbing and collaboration for active gender machinery in South Africa. We are therefore proud of the achievements reflected through some several promulgated antidiscriminatory laws.

 

Since 1994, some progress has been made in raising the voice of women. Therefore, 20 years into our democracy, we can count the our successful constitutional and legislative entrenchment of gender equality. The country has legislated the right to equally whose unity went beyond the pity boundaries of race, the right to equality irrespective of gender, race, colour or religion. Our women can transcend the yester year barriers of of race, gender and social class in order to partly attain the education of their choice and qualify in various fields that they choose with no strings attached to career choice. But the question we need to ask ourselves as legislators,  public representatives,  leaders,  political parties and South Africans is: Whether legislation and policies have adequately enabled the removal of all forms of gender inequality and for them to vanish from our communities and both in  public and private sector activities.

 

In this regard, the IFP maintains that though this much has been achieved, a lot more still need to be done. A lot of the social ills that happened in our communities still target to a greater extent the women of our country.

 

The country is still confronted with increased levels of gender-based violence, rape, child abuse and girl-children abuse, early childhood marriages, women targeted as soft targets, sexual violence and domestic violence. Women are vulnerable targets and are suffering a variety of social ills and gender exploitation . Democracy in our country has not yet removed the social ills of poverty, has not totally removed deprivation and marginalisation.

 

When government at all levels fails to deliver the much-needed basic services of water, electricity, houses and decent roads , it is the women of our country who suffer the most because they are the backbones of our families and communities. These anchor roles of our women ... [Time expired.]

 

 

 

 

 

 

 

 

 

 

 

Mr M WATERS

 

 

 

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 13

 

 

 

 

Mr M KHAWULA

 

 

Mr M WATERS: Chairperson, it is a privilege for me to take part in this debate today. If we are to achieve equality for women, it will take men and women of this country to achieve it. If we are to achieve equality for men, it will take men and women to achieve it. And, if we are to achieve rights for children, it will take men and women to achieve it. So, it is a great privilege to be here.

 

It is unfortunate that out of the six ANC speakers here today, not one was a man. I don’t know if the men are scared to come up here and speak on gender issues, but maybe next year you might put some men in the debate. [Interjections.] It is also unfortunate that the leader of the ANC Women’s League is also not here for this debate.

The public that are watching this debate must breathe a sigh of relief that the Information Bill has not yet been passed in this Parliament, or else their freedom of speech would be infringed upon as much as ours was nearly today. I would like to quote from a Constitutional Court judgment in terms of which a woman, the hon De Lille when she was in this Chamber, took the Speaker of the National Assembly to court over freedom of speech in this Chamber. I would like to quote:

 

... such powers and privilege, to the extent of their inconsistency or incompatibility with the Constitution, are invalid. Where the privilege breaches the provisions of the Constitution, the aggrieved party is entitled to seek redress from the courts.

 

In other words, the Constitution supersedes any Act of this country. So, our freedom of speech is entrenched in this House. I can assure the Chairperson of the NCOP that if our freedom of speech is infringed, we will be going to court.

 

No one can deny that life has improved for the vast majority of women over the past 20 years. The question we should all be asking ourselves is whether we have done all we could to ensure effective legislation that will give meaningful effect to the hard-won rights of women.

 

I will put it to the House that we could have and should have done a lot more. If one looks at the Sexual Offences Register, which is the responsibility of the Department of Justice, and the Child Protection Register, which is the responsibility of the Department of Social Development, one has to ask why we have two separate registers. The Sexual Offences Register is limited to sexual crimes against women and children, while the Child Protection Register is limited, obviously, to children including crimes of assault and sexual offences, and even considers the identification of people found to be unfit to work with children by a disciplinary in the workplace.

 

Both these registers were created to protect women and girls from would-be predators. It is unfortunate that when Private Members’ Bills are introduced to help strengthen the Child Protection Register, the ANC-dominated Social Development committee rejected them purely because they came from an opposition Member of Parliament.

 

I refer to the Private Members’ Bill I introduced last year, calling for the inclusion of attempted rape convictions as grounds to find someone unsuitable to work with children - I thought it was quite a simple Private Members’ Bill - an initiative which would have corrected a serious omission in the Children’s Act. Coincidentally, it was exactly a year ago today that the committee rejected the Bill on 20 August 2013, one year ago today. The ANC members in the committee used the excuse that a comprehensive amendment to the Children’s Act would be forthcoming.

 

A year down the line, we are still waiting for the so-called amendments to the Act, and who knows when these amendments will be tabled. We also don’t know how many people convicted of attempted rape continue to work with women and children. We don’t know. [Interjections.] Yes. Yes, we don’t know and I don’t think many of you care. Cry on - that’s the response from the ANC. Cry on, because people who have been convicted of attempted rape are working with women and children. [Interjections.] I hope every woman in this country hears what you say, hon member, and I will protect your right to say it - freedom of speech. I also wrote to the SA Human Rights Commission, the SAHRC, and asked them to investigate the dysfunctionality of the Child Protection Register and the need for two separate registers as this is diluting valuable resources.

 

The SA Human Rights Commission has found that by failing to adequately maintain and populate the Child Protection Register, the Department of Social Development is violating the rights of children in term of section 28 of the Bill of Rights. In a damning report implicating the Department of Justice and Constitutional Development, the Department of Social Development and the Department of Women in the Presidency, the SAHRC found the following: the state is not fulfilling its objectives to protect children from abuse and neglect; the current Child Protection Register is not a true reflection of crimes committed against children; the failure to adequately implement the register has rendered it ineffective; the collation of submissions, receipt and recording of data for the Child Protection Register is inadequate; the training of officials to fulfil obligations related to the register is inadequate; and the Department of Social Development has had plenty of time to engage with relevant departments and entities to ensure the register’s success, but has failed to do so.

 

It is obvious that we need one combined register that encapsulates the full scope of both the registers, where resources can be pulled together and where the courts only have to report to one department.

 

The latest figures I have for the number of names appearing in the Sexual Offences Register is just over 5 000, and, if you take the figures of abuse against women for the year 2012-13, 2 226 woman were murdered in that year alone - that is six per day - and there were 29 928 recorded sexual offences for the same period. The fact that we only have 5 000 names in the register is an indictment.

 

The Child Protection Register is in an even worse state. Given the fact we have over 25 000 sexual offences committed against children every year and reported, the Child Protection Register has a dismal 488 names in it. Four hundred and eighty-eight names! This is simply unacceptable and, in fact, is an insult to our children. While we must all be cognisant of the fact that the register will not, unfortunately, end abuse, we must use it as an effective tool in ensuring that people who are a danger to women and girls are kept away from them.

 

Another area in which we are hopelessly failing our women and children is that of convicting perpetrators of sexual crimes. In the 2011-12 year only 11% of reported sexual offences actually reached the courts, and of those only 6,9% of these cases actually resulted in convictions.

 

These shockingly low conviction rates are directly linked to what the DA believes is the scrapping of the specialised police units, the FCS units – that is, the Family Violence, Child Protection and Sexual Offences Units - which the ANC scrapped, and the specialised sexual offences courts, which the ANC scrapped.

 

The DA warned against the dismantling of centres of excellence, stating that it would have a direct effect on the investigation of sexual crimes and the conviction rate of sexual crimes. We take no pleasure in saying, “We told you so.”

 

We welcome the re-establishment of the FCS units – thank you - and sexual offences courts and urge the government to allocate more money especially to the sexual offences court where only R20 million was budgeted this year.

 

To put it in more concise terms: if you commit a sexual offence against a woman or a child in our country, you have a 93% chance of getting away with it – great odds. And, on the slim chance that you are actually found guilty of one of these crimes, the chance of your name appearing in the register is even slimmer yet, resulting in hundreds of convicted sexual offenders free to work with and prey on our women and children daily.

 

I started my speech by asking: Have we done all we could to ensure effective legislation that would give meaningful effect to the hard-won rights of women? I put it to you that the answer is no. If I may, Chair, as I still have a few minutes left, I would like to respond to what some of the ANC members said here today. The hon Zwane spoke last for the ANC. She said that she was very confused by the comments made by the hon Robinson about how many crimes are committed against women and that women are not protected. You said there is legislation that protects women. And, yes, we have fantastic legislation. We do. We have fantastic legislation on the Statute Book, but the fact is that we don’t implement that legislation ... [Interjections.] ... and that is a huge problem with this side of the House. [Interjections.]

 

I would like to refer to the Domestic Violence Act, which is a great Act. We all agree. We supported it, but it is poorly implemented. In fact, the police continually turn away women that go to police stations to report abuse by a spouse or a partner. They refuse to put the names of the spouse or the partner into the register for domestic violence. They send the woman back home to her spouse or partner who abuses her again. Often, the abusive spouse or partner applies for a firearm licence and, because his name does not appear in the register, he is awarded that licence, which he uses to kill his partner. So, that is where the Domestic Violence Act is failing. The ANC members say “report”; we are blue in the face from reporting. It’s about time as a government you did something about it. [Interjections.]

 

Then the maintenance courts ... a great idea: the maintenance courts, but they are in total disarray. And, in fact, in one of the KwaZulu-Natal newspapers this week a woman went 62 times to the maintenance courts. Sixty-two! Not two, not six – 62 times. As a last resort, she was forced to go to the High Court in order to get the maintenance court to get the maintenance from her ex-husband. This is what women have to put up with on a daily basis. [Interjections.]

 

Then the hon Memela, and I hope I pronounced her name correctly. She was the first member and she talked about the 50:50 quota in the ANC. Now, as you know, the DA doesn’t have a 50:50 quota, because we believe that women could actually have more than 50% of the seats. [Interjections.] We don’t care. What I would like to ask you: In the 100 years of your existence as the ANC, how many female leaders have you actually had? [Interjections.] None. You have had none. And our leader is a female. [Interjections.]

Secondly, regarding the premiers in the eight provinces you control ...

 

The MINISTER OF SMALL BUSINESS DEVELOPMENT: Would the member answer a question?

 

The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): Hon member, just hold it.

 

The MINISTER OF SMALL BUSINESS DEVELOPMENT: You talk of your leader as being a woman, but how many women ...

 

The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): What is your point of order, Ma’am?

 

The MINISTER OF SMALL BUSINESS DEVELOPMENT: It’s not a point of order.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): What is it?

 

The MINISTER OF SMALL BUSINESS DEVELOPMENT: I asked if the member could take a question.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): Hon member, are you prepared to take a question?

 

Mr M WATERS: If I have time, Chair.

 

The MINISTER OF SMALL BUSINESS DEVELOPMENT: Yes, you can’t have time.

 

Mr M WATERS: If I have time.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): Hon members, I am not able to hear. What is your response, hon member?

 

Mr M WATERS: If I have time.

The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): Are you prepared to take a question?

 

Mr M WATERS: Not now. I want to finish my speech.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): Are you prepared to take a question?

 

Mr M WATERS: No. I want to finish my speech. [Interjections.]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): Okay. The member is not prepared to take a question.

 

Mr M WATERS: May I continue, Chair?

 

The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): Yes.

 

Mr M WATERS: Okay. Thank you.

So what is very surprising is that with the ANC’s eight provinces that they control, I didn’t see the 50:50 split being enforced there. [Interjections.] In fact, only one out of your eight provinces, if I can count correctly, actually has a female premier. And she is sitting right here, the hon member - right in front of me. [Interjections.] The change occurred because Luthuli House didn’t enforce the 50:50 split. You gave the provinces the freedom to choose their own premiers. So where the ANC does not enforce the 50:50 split, your party reverts back to putting men in positions. [Interjections.] [Applause.] This reminds me of the saying that so far and no further will women go in the ANC on their own because of the way your party is structured.

 

Getting back to women and children, if we are to give effect to the great legislation that we do have in this House, it is going to take all of us here to ensure that we get it implemented and enforced to protect women. I thank you very much. [Applause.]

 

 

The MINISTER OF WOMEN IN THE PRESIDENCY

 

UNREVISED HANSARD

JOINT SITTING

Wednesday, 20 August 2014                       Take: 14

 

 

 

 

 

Mr M WATERS

 

 

 

 

The MINISTER OF WOMEN IN THE PRESIDENCY: Hon Chairperson, Ministers and Deputy Ministers, hon members, today is indeed an exciting day. It was the English modernist writer, Virginia Woolf, who said:

 

For most of history, Anonymous was a woman, however, she has achieved much, not for praise, but to better the world.

 

As we gather in this House today to reflect on the celebration on the 60th anniversary of the Women’s Charter and 20 years of freedom, together moving a non-racial, non-sexist South Africa forward, we remain not only mindful but forever indebted to the great sacrifices of our foremothers who suffered to ensure that future generations could live in a non-racial and non-sexist country whose citizens enjoy equal access to and participation in the economy.

 

As we are here today, the heroic exploits of these women and many others who joined forces with them and marched to the Union Buildings on 9 August 1956, turning the course of history, must continue to be told and celebrated, as they are often relegated to the footnotes of history. These are some of the women who stood for a non-racial and non-sexist South Africa: Helen Joseph, Lillian Ngoyi, Sophie de Bruin, Rahima Moosa. There are many others in our history.

 

The struggles that the women marchers of 1956 embarked upon are in many ways still relevant today. Those women were not only fighting for political emancipation, but also for economic empowerment, equal representation, access to justice, land rights and other causes as articulated in the Women’s Charter of 1954.

 

This shows that the ANC has visionaries. On 17 April 1954 women in the ANC already they had a vision for the future of this country. That is why we are here today as women. [Applause.]

 

The 1954 Women’s Charter called for the enfranchisement of men and women of all races, for the right to vote and be elected to all state bodies, for the right to full opportunities for employment with equal pay, and for possibilities of promotion in all spheres of work. In other words, the Charter had a vision that saw equal work for equal pay, and insisted on equal rights in relation to property, land rights, marriage and children.

 

As we celebrate the 20 years of democracy, today is one of the most important days. The heroines in the ANC always rise and, as women, continue to contribute to fighting the struggles of South Africa. On this day, here in Cape Town, when the United Democratic Front was formed, the ANC elected a woman, Mama Albertina Sisulu, to lead it... [Interjection.]

 

An HON MEMBER: Hon Chairperson...

 

The DEPUTY CHAIRPERSON OF THE NCOP: Where are you?

 

An HON MEMBER: Yes, hon Mandla Mandela is always exchanging seats and you didn’t say anything about it.

 

The DEPUTY CHAIRPERSON OF THE NCOP: Hon member, I have not recognised you and have not heard anything you said. Please continue, hon Minister.

 

 

The MINISTER OF WOMEN IN THE PRESIDENCY: Thank you. It was Mama Sisulu – once more the ANC – who led the mass democratic movement of our country. The ANC led our country, South Africa, forward. [Applause.] Therefore, the struggles of women which were embarked upon then are still relevant today.

Those heroic women did not only fight for political emancipation but also for economic empowerment, equal representation, and access to justice, as articulated in the Women’s Charter of 1954.

 

This was further reiterated in the 1994 Women’s Charter for effective equality. Again, may I indicate, it was the ANC, and women in the ANC, who led the women’s coalition of 1993 to adopt the Women’s Charter for effective equality. [Applause.] But let me also remind you that, as we marched towards this Parliament in 1994, it was the predecessors of the women on my right – who are now the DA – who reserved the right not to endorse the Woman’s Charter for effective equality. They never endorsed it.

 

Hence, we are surprised today that they think they are the champions of women’s struggles in South Africa. They forget that there is a history made by those women who never minded their own lives. Those women sacrificed their lives to make South Africa what it is. Those women further demanded paid maternity leave for women, child care for working mothers, and free and compulsory education for all South African children. The demands in the Women’s Charter were ultimately incorporated into the Freedom Charter and used by the Women’s Coalition. We are the beneficiaries. Even those who never threw a stone are beneficiaries, despite the fact that they were living in comfort. [Applause.]

 

As we meet today seeking to improve the lives of women in South Africa, it is important for us to reflect on where we come from, where we are today, and the future that we desire, led by the ANC.

 

A brief synopsis of the Pass Laws demonstrates how the laws in their various forms had a significant role in creating the prejudices against women which result in the current challenges of poverty, inequality and unemployment.

 

For example, the Black Administration Act, Act 38 of 1927 which regulated most personal aspects of life for Black people, had a section which deemed Black women married under customary law to have the same legal status as a minor under civil law. This placed Black women married under customary law under the tutelage of their husbands. Your predecessors were here and endorsed that. We changed that when we came to this Parliament.

 

For many years, the consequence of that provision was to deny Black women married under customary law contractual rights, direct property ownership, and the right to inherit from their husbands and other family members. As we sit here today, those are some the challenges we in the Women’s League continue to spearhead to make sure that South Africa moves forward to being a place which is better for all of us.

 

The denial of inheritance rights to Black women was further consolidated by section 23 of the Black Administrative Act read with Regulation R2000. It provided that the estate of a Black man must devolve in terms of Black custom, while Regulation R2000 outlined the male family tree in terms of which such estate had to devolve. This is the primogeniture rule – the rule that the eldest male son or male relative inherited to the exclusion of the wife and children.

 

May I remind this House that one of our women, a traditional leader, was supposed to have inherited, but there was a continuous effort to make sure that she could not claim the inheritance. She had to win in the Constitutional Court in order to claim her inheritance. [Applause.] As we know today, that law was undone by the Constitutional Court in the Bhe decision.

 

We come from an era during which domestic violence was legalised in South Africa. We have come a long way from some of the issues raised on this podium by hon Waters. We have addressed domestic violence. Yes, we accept that there is still a lot to be done, but we have passed many laws and those laws are not an event; they are a process – they are real. They must deal with deep-seated legacies of the past because, if the old laws had created an opportunity for a woman to be recognised and respected as a human being, we would not be talking about these issues today.

 

Bantu education further entrenched the race, gender and class inequalities when it encouraged the girl child to pursue Home Economics and not Mathematics, Science or Technology. Through this, girl children were excluded from the finance, mining and technical fields.

 

Furthermore, there was a tendency of discouraging girl children from going to school because they were going to be married off. In addition to that, girl children were often affected by issues of menstrual dignity, teenage pregnancies and early marriage. These are historical impediments that resulted in a continued disadvantage for women, which, in turn, hinders the progressive legislation that this democratic government has developed.

 

Once more, let us thank the ANC Youth League for leading the campaign – including you, Juju – for sanitary towels for young women. [Interjections.]

 

Mr M Q NDLOZI: Order! Order! Order, hon Speaker. Order! You are not our friend.

 

The DEPUTY CHAIRPERSON OF THE NCOP: Hon member! Hon member!

 

Mr M Q NDLOZI: You are not our friend, you ...

 

The DEPUTY CHAIRPERSON OF THE NCOP: Order, hon member!

 

Mr M Q NDLOZI: Order, Chairperson!

 

The DEPUTY CHAIRPERSON OF THE NCOP: Hon member! Just hold on. What is your point of order?

 

Mr M Q NDLOZI: The hon Minister must with immediate effect retract calling the president and commander in chief of the EFF “Juju”. [Interjections.] She must say “hon CIC.” [Interjections.]

 

The MINISTER OF WOMEN IN THE PRESIDENCY: Hon Juju! [Interjections.]

 

The DEPUTY CHAIRPERSON OF THE NCOP: But equally so, just hold on, hon Minister. While I take the point as a genuine point of order, so should we recognise equally the fact that when we use words in this House, they must be a true reflection of what is happening in this House. We do not have a commander in chief outside of the President of the Republic. [Interjections.]

 

Mr N F SHIVAMBU: Chair, you made the same mistake during the last Joint Sitting.

 

The DEPUTY CHAIRPERSON OF THE NCOP: Hon Shivambu! Hon Shivambu!

 

Mr N F SHIVAMBU: We want to clarify this for you because...

The DEPUTY CHAIRPERSON OF THE NCOP: Hon Shivambu! What is your point?

 

Mr N F SHIVAMBU: The point is that all organisations refer to their leaders as “president”. Although there is a President of the Republic...

 

The DEPUTY CHAIRPERSON OF THE NCOP: Hon Shivambu...

 

Mr N F SHIVAMBU: In our case, we call the commander in chief and the president of the EFF...

 

The DEPUTY CHAIRPERSON OF THE NCOP: Hon Shivambu...

 

Mr N F SHIVAMBU: There is nothing wrong with that.

 

The DEPUTY CHAIRPERSON OF THE NCOP: Hon Shivambu, can I order you to sit down.

 

Mr N F SHIVAMBU: Yes, you can’t...

 

The DEPUTY CHAIRPERSON OF THE NCOP: Can I order you to sit down.

 

Mr N F SHIVAMBU: Yes, but we must not suck rules out of our thumbs here, please.

 

The DEPUTY CHAIRPERSON OF THE NCOP: Can I order you to sit down, hon Shivambu. [Interjections.] Hon Minister, please continue with the debate.

 

Mr J MALEMA: Chair, on a point of order.

 

The DEPUTY CHAIRPERSON OF THE NCOP: May I hear the point of order.

 

Mr J MALEMA: Chair, I think Floyd raises a very important point. [Interjections.] No, no, no! We are going to listen to each other here. All of us here come from different organisations. We have presidents of those organisations, including the President of the country. When that word is used to refer to a different president, there is no crisis.

 

The DEPUTY CHAIRPERSON OF THE NCOP: I thought...

 

Mr J MALEMA: And then you want to have a problem with a different title which is used by different organisations.

 

The DEPUTY CHAIRPERSON OF THE NCOP: May I clarify myself, hon Malema?

 

Mr J MALEMA: No, you can’t clarify yourself before I make a submission.

 

The DEPUTY CHAIRPERSON OF THE NCOP: I hear what you are saying...

 

Mr J MALEMA: No, you are not hearing what I am saying. I am making a submission.

 

The DEPUTY CHAIRPERSON OF THE NCOP: What is your submission?

Mr J MALEMA: Listen to me! I am making a submission.

 

The DEPUTY CHAIRPERSON OF THE NCOP: What is your submission?

Mr J MALEMA: Are we going to listen to each other here?

 

The DEPUTY CHAIRPERSON OF THE NCOP: What is your submission?

 

Mr J MALEMA: We must not be impatient with each other; we must listen to each other.

 

The DEPUTY CHAIRPERSON OF THE NCOP: No, no, no! I am asking you. What is your submission?

 

Mr J MALEMA: Yes, Chair. You can’t say no, no, no!

 

The DEPUTY CHAIRPERSON OF THE NCOP: What is your submission? I have the right to say no.

 

Mr J MALEMA: When you say no, no, no, I am going to say yes, yes!

 

The DEPUTY CHAIRPERSON OF THE NCOP: What is your submission, hon member?

 

Mr J MALEMA: My submission is that your ruling is wrong. President Zuma is the commander in chief of the armed forces of South Africa. It is understood within that context and this hon member is referring to a different commander in chief.

 

The DEPUTY CHAIRPERSON OF THE NCOP: Hon member, may you sit down. Sit down! Sit down!

 

Mr J MALEMA: We are not going to be suppressed here and be told how we must address each other.

 

The DEPUTY CHAIRPERSON OF THE NCOP: No, hon member, I am not suppressing you; I am requesting you to sit down. You see, we need to be very consistent in whatever we are doing. I don’t want to engage with a member on a matter that I have reflected on. There was an earlier suggestion – and we all agreed to it, as a House – that, in order to respect the decorum of the House, if the Presiding Officer has made a decision, then, as a human being, whether you like it or not, even if it is a wrong decision, follow the recourse as provided for...

 

Mr N F SHIVAMBU: Order! Order!

 

The DEPUTY CHAIRPERSON OF THE NCOP: No, you can’t call me to order!

 

Mr N F SHIVAMBU: Why not? Why not?

 

The DEPUTY CHAIRPERSON OF THE NCOP: Chief, you can’t call me to order!

 

Mr N F SHIVAMBU: You are not above our orders! You are human. You are human! Hear the order!

 

The DEPUTY CHAIRPERSON OF THE NCOP: Hon member! Hon member! I am ordering you to sit down.

 

Mr N F SHIVAMBU: But you must hear the order, Chair.

 

The DEPUTY CHAIRPERSON OF THE NCOP: Hon member...

 

Ms O H MAXON: You are a photocopy of Thandi!

The DEPUTY CHAIRPERSON OF THE NCOP: I am ordering you to sit down!

 

Mr M Q NDLOZI: You must listen to the order!

 

Mr G A GARDEE: They are ordering you to listen!

 

The DEPUTY CHAIRPERSON OF THE NCOP: This is now bordering on being grossly out of order.

 

Mr M Q NDLOZI: You have done it! You are responsible for it!

 

The DEPUTY CHAIRPERSON OF THE NCOP: Hon members, this is now bordering on being grossly out of order.

 

Ms O H MAXON: We are collapsing this House!

 

The DEPUTY CHAIRPERSON OF THE NCOP: Order, hon members! It does not help if you shout. The hon member made a point that we must listen to each other. That is exactly what I did. I listened to you and I am saying that if you are aggrieved by any order, there are processes that you can follow... [Interjections.] There are processes that you can follow in order to deal with that grievance. Therefore I am ordering all members to desist from making points of order and to allow the Minister to continue with the debate. [Interjection.] Is your comment on the debate?

 

Mr M Q NDLOZI: Chairperson, I just want to understand. Are you saying that you have ruled that we cannot say “CIC”? I just want to understand: Is that your ruling in this House?

 

The DEPUTY CHAIRPERSON OF THE NCOP: No, no, no! Hon member, I am not going to engage you on that matter. I am now ordering the Minister to continue with the debate.

 

Mr M Q NDLOZI: You are a coward.

 

The DEPUTY CHAIRPERSON OF THE NCOP: Hon Minister, please continue with the debate.

 

Mr G A GARDEE: On a point of order...

 

Ms M T KUBAYI: Chair, on a point of order.

 

Mr G A GARDEE: Chair, on a point of order.

 

Ms M T KUBAYI: Chair, on a point of order.

 

Mr G A GARDEE: We are raising a point of order on the speech made by the Minister.

 

The DEPUTY CHAIRPERSON OF THE NCOP: Hon member, I have made a ruling which says that the Minister...

 

Mr G A GARDEE: I am not challenging your ruling. I have a point of order on the utterances of the hon Minister.

 

The DEPUTY CHAIRPERSON OF THE NCOP: May I hear the point of order.

 

Mr G A GARDEE: The point of order here is that according to the records of Parliament, there is no person by the name of “Juju”.

 

The DEPUTY CHAIRPERSON OF THE NCOP: Okay...

 

Mr G A GARDEE: So she must withdraw that.

 

The DEPUTY CHAIRPERSON OF THE NCOP: I take the point of order. Hon Minister, could you please address the hon member as an hon member of this House.

 

The MINISTER OF WOMEN IN THE PRESIDENCY: Hon Malema.

 

Ms M T KUBAYI: Hon Chairperson, before you proceed, may I address you on a point of order? It concerns two members of the EFF. One member is sitting next to the hon Ndlozi, wearing white attire. I am not sure what her name is. I would have preferred to use her proper name. She used a microphone, so it will appear on Hansard. She insulted the presiding officer, and I request that Hansard be read, and that she be reprimanded for her conduct. So I am requesting this. It will be on Hansard, because she used the microphone. Once a person uses the microphone, it will be recorded.

 

The second point concerns hon Ndlozi who called the presiding officer a coward. He must withdraw.

 

The DEPUTY CHAIRPERSON OF THE NCOP: Well, I didn’t hear the insult, I must say. Even the reference to a coward I did not here. May I therefore be allowed an opportunity to consult the Hansard and, on the basis of that information, make a ruling?

 

Mr M Q NDLOZI: No, no, no! I can withdraw the “coward” one. I did say it.

 

The DEPUTY CHAIRPERSON OF THE NCOP: Oh, you said it?

Mr M Q NDLOZI: Aah, too much, and I am very sorry. [Laughter.]

 

The DEPUTY CHAIRPERSON OF THE NCOP: All right. [Interjections.] Yes, hon member?

 

Ms O H MAXON: Chair, I had a problem with the way you were handling the House. I said you were collapsing the House by not wanting to listen to us.

 

The DEPUTY CHAIRPERSON OF THE NCOP: So? Hon... You see, I cannot even... as I am seated here... because of... I did not hear the exact words as they were said then, so I don’t know whether to agree or not to agree, as I don’t know whether there was spin on those words or not.

 

May I therefore be allowed to listen to Hansard to determine exactly what was said? I will then come back to the House with a ruling. Thank you very much. Please proceed, hon Minister.

 

The MINISTER OF WOMEN IN THE PRESIDENCY: Thank you. Hon Julius Malema, I apologise. [Applause.]

 

The emancipation of women therefore still remains a cardinal goal and an anchor for a free, democratic and prosperous South Africa.

 

Given the legacy of women’s oppression, generally and specifically African women, our bias is towards the working class and rural women. Two decades has seen a marked increase in the representation of women in this Parliament and in government as well as in the private sector, because of the unprecedented body of laws that this ANC government has introduced.

 

As we speak today, we have women judges who constitute about 30% of all judges. There is Judge-President and a Deputy Judge-President who are women. Two of the Constitutional Court judges – judges at the highest court in the land – are women. In the magistrates court women constitute about 41% of the total magistracy. Women are also represented on the Judicial Service Commission and the Magistrates’ Commission.

Thank you to the ANC and those 1956 women who marched in recognition of women’s oppression, and for making us realise and becoming participants in ways that were not allowed in this country.

 

South African women do not only hold leadership positions in national structures, but also on international fora. We have our own Dr Nkosazana Dlamini-Zuma in the AU, and Dr Phumzile Mlambo-Ncquka, our former Deputy President. Those women are products of the ANC. [Applause.]

 

While we celebrate this is the private sector, we acknowledge that we still lag behind. A Businesswomen SA census report indicates that women made up 52% of the South African population in 2012 but, as we speak today, only accounted for 3,6% of women in CEO positions, 5,5% of chairpersons’ positions, 17,1% of directorships, and 21% of executive management positions.

 

Whilst we acknowledge this, we will continue as the ANC to advance the struggles of women in a qualitative and effective way.

Comparatively, women currently account for 9% of executive management and director positions in Australia and Canada.

 

This demonstrates that women’s active participation in the economy continues to be a challenge. We are prepared to advance our women in making sure that, in all sectors of our economy, we do participate.

 

This Ministry will continue to play its part through monitoring and evaluation to ensure that we identify the gaps, address the inhibitors, influence policy directions and look at the various gaps which tend to stand in the way of women in advancing their careers.

 

As we speak today, South Africa’s report on the Millennium Development Goals in 2011 indicates that South Africa has reached the targets in terms of the registration of girls at schools. The question is whether or not the girl child completes grade 12 and, if she does, whether she completes a tertiary education. And, upon acquiring a tertiary qualification, where does she end up? That is the challenge for all of us in this House.

 

It is important that we track the progress of girl children from high school through tertiary education and the industry, to monitor why they are not represented in some of the areas.

 

But we are also saying today that we are making headway. Thanks to the inclusive policies of the ANC-led government, the girl child is not excluded from the school system any more as a result of pregnancy.

 

Education remains a major catalyst for human development. It is important that girl children have access to lifelong learning as well as education and training which will, in turn, contribute towards improving their quality of life and building a peaceful, prosperous and democratic South Africa. This follows continued efforts to ensure that girl children participate in government, and in economic empowerment plans such as Operation Phakisa, the ocean economy, and the National Infrastructure Plan

 

Recently, on 8 August 2014, we celebrated young women in aviation and the navy, where, for the first time in this country, we have young women in our country who are captains and pilots. Some are sailors in our navy. We must applaud Minister Naledi Pandor who has also honoured women achievers in science and technology. These women have shown that young women are not just there to work and render their sweat; they become researchers and they also acquire PhDs. This is the beginning of a successful South Africa as we ensure that we defeat poverty but are also able to make sure that women take control of their lives and become empowered.

 

We have to ensure that more young women are skilled in areas which were previously male-dominated, such as the aquamarine and shipping industries, so as to debunk those myths which held that it is not possible for women to advance in all areas of the economy.

 

If women constitute 52% of the population, then the 50-50 policy is relevant, as it will allow for an environment where equality is a reality for all citizens of our society.

A Department of Trade and Industry, DTI, study found that public procurement constituted 10% to 15% of GDP in developed countries, and up to 20% in developing countries. In South Africa it is estimated that around 38% of businesses are owned by women. While we welcome and applaud this, we say a lot still needs to be done. The country can make use of preferential procurement policies to create greater opportunities for women by promoting their access to and visibility in public procurement spending. Once more, thank you ANC for being a visionary organisation. [Applause.]

 

Women-owned businesses still face various barriers to accessing government procurement and supply chains. Recently Statistics SA released the outcome of the 2013 survey of employers and self-employed. It reported that women make up 44,6% of individuals running small businesses. These are individuals who do not benefit from procurement. This is an economic area that we must still penetrate given that affirmative procurement can serve as an important tool for advancing marginalised groups such as women-owned businesses.

 

A study by the Businesswomen Association of SA confirms that women-owned companies are still underrepresented in public procurement when compared to their male counterparts, and are unlikely to account for more than 25% of the procurement spend in the country.

 

Further the study indicates that over the 2011-12 financial year, women-owned business were recipients of R16,56 billion in government procurement spending out of a sample total of R183 billion, a figure which representing only 9% of the total procurement spend in that sample. This is not sufficient, but we are committed as the ANC government to making it better.

 

The sampling shows the need to further interrogate and find out exactly where and how we can make sure that women become beneficiaries in the value chain.

 

The purpose of small businesses and co-operatives should be to ensure that women are able to ensure that it does not become an end but should be the beginning for women to grow bigger. In order for this to happen an enabling environment should be created through, amongst others, vigorous skilling, mentoring and access to finance from developmental funding.

 

We welcome the establishment of the Small Business Development Ministry led by Minister Lindiwe Zulu, as this will serve as a critical cornerstone to allow women to grow into the mainstream economy.
 

Government has introduced a number of programmes which have the potential for women’s economic participation in the entire value chain.

 

Some of the programmes include The National Infrastructure Plan which intends to transform our economic landscape while simultaneously creating significant numbers of new jobs, and to strengthen the delivery of basic services. The plan also supports the integration of African economies. It will transform the economy, directing national growth and driving job creation by implementing a long-term, government-led infrastructure investment plan.
 

The Department of Women will play an instrumental role in ensuring the integration of women and girl children in the National Infrastructure Plan by ensuring that the skills development programme of the country – which must skill and re-skills women and girl children – becomes a reality. The department will also engage in public education programmes to facilitate the participation and empowerment of women in our country.
 

As we stand today we are proud to look at Operation Phakisa, the ocean economy, which has been identified by the National Development Plan as one of the key drivers to eliminate poverty and reduce inequality in South Africa by 2030. It involves a number of key areas such as aquaculture, marine transport, offshore oil and other areas that are crucial in growing the economy, providing much-needed jobs and improving prosperity while ensuring environmental sustainability and integrity. These are plans to explore parts of the ocean to find economic potential that could contribute to the country.

 

One of the issues which we are raising, as we move to new opportunities and game changers for our country... These game changers cannot become a success unless we take a deliberate approach in making sure that women do indeed get skilled and make sure that they can contribute in ensuring that our economy grows. But, as we all know, when women are empowered, it’s not just women who are empowered but the whole nation. We will follow this department closely in making sure that indeed women play a critical role and hence our foremothers and forebears lie in their graves peacefully and realise that their struggles were not in vain.

 

As we speak today, we have the Human Resource Development Council South Africa, HRDCSA. The HRDCSA is a multistakeholder body that creates an enabling, co-ordinated and integrated environment to focus on improving the human resource development and ensuring that our skills as South Africa allow us to compete with the rest of the world. For us it is important to make sure that women play a critical role.

 

As a Ministry in the Presidency we believe that we are indeed strategically located to focus on the socioeconomic transformation of women. As South Africa celebrates 20 years of democracy and 60 years since the pronouncement of the Women’s Charter there has been progress. There are those who refuse to acknowledge that indeed we are a better South Africa today than yesterday. Therefore it means they will never ever see, be it today, or be it tomorrow. They will remain in the dark without realising that the country has changed.

It was not by mistake when President Jacob Zuma located the Department of Women in the Presidency. He realised that that, in itself signifies the fact that it is established as a game changer with a strategic imperative to transform the socioeconomic status of women and accelerate gender equality. The programme structure of the department should be designed to achieve that strategic objective for which it was established.

 

As we speak today, we have women in professional positions in many areas of our country. Therefore we want to say, for all of us as a country, we need to continue to support women.

Just to respond to Waters, when he comes to the point of my party, my organisation, talking about the number of premiers... [Interjection.]

 

Hon Waters. Hon Waters. [Interjections.] Waters. [Interjection.]

 

None of your business!

 

Hon Waters talks about the number of Premiers in the ANC or appointed by the ANC. The ANC has a higher number of Premiers, but also we have a balance: where we have men as Premiers, the Speakers are women. So we recognise the 50-50. [Applause.]

 

What are you doing with the tinge of women you have in the DA? One, two, three, four! There is a tinge of women in the DA. You need to change that. We are a country which has a vision as I have indicated.

 

But also, you don’t join the ANC by making an application “I hereby want to be a member of the ANC”. We are different because we are a mass-based organisation and we don’t bring people in on the basis of us trying to make sure that we put them in positions today and change them tomorrow. Where is Lindiwe today? [Interjections.] Where is Lindiwe today? We are an organisation which believes that we need to move forward.

 

But I must also say of us as the ANC that we are an inclusive and embracing organisation. One of the issues which we need to do... We don’t focus on one aspect of the challenges of our country. Everything for us is being addressed, including violence against women and children. So we are not selective in order to suit ourselves, because the pain of those women is our pain. The pain of the working mothers is our pain. You don’t know what it is to be led by a woman who is a domestic worker. You just know that woman as the person who cleans your house. Those are our parents who brought us up with the meagre salary you paid them. [Applause.] We are proud as the ANC that we have passed laws, including the Basic Conditions of Employment Act, informally called the domestic workers Act.

 

Today we are a proud South Africa, even if we have not succeeded at everything. For the first time in this country, domestic workers are protected. Six-hundred and eighty thousand domestic workers are registered today. They have a minimum wage. We are not saying it is enough, but we are saying that we are on the right track. As we speak today, domestic workers qualify for UIF, contributed by employers and themselves. We are a country which is changing. We are a country which is moving forward. The review of domestic workers and sectoral determinations are there as part of a process of making sure that... [Interjections.]

 

Hhayi wena [No you.], man! Just behave! [Interjections.] You are an adult! What do...

 

The DEPUTY CHAIRPERSON OF THE NCOP: Hon members, please allow the Minister to continue with the debate, and stop interrupting her.

 

The MINISTER OF WOMEN IN THE PRESIDENCY: Do you know, hon Chair... this hon member... when his children... if he doesn’t have children, then his siblings who are watching him behaving like this. I wonder what they say. What kind of a big brother is he? He becomes a bad example as a person. [Interjections.] Please behave! [Interjections.] Please, please behave! Behave! [Interjections.] You, with your blue scarf, you are an adult! Behave! [Interjections.] You know, you’ve got a sash... Let me say... The sash you are having...

 

The DEPUTY CHAIRPERSON OF THE NCOP: Hon Minister, please focus on addressing me.

 

The MINISTER OF WOMEN IN THE PRESIDENCY: The sash you are having, hon member, reflects an oppressed woman who puts on a sash because she must be submissive. If you don’t know, just be careful of your actions. [Interjections.]

 

May I also say, as we are here today, celebrating women, we are an organisation which is on the move. We are an organisation which represents the aspirations and the challenges of South Africans.

 

We are here today as a democratic country because we fought for it. [Interjections.] And you are the beneficiary of our struggles and our pain. [Applause.] You have never suffered an inch! You have always stayed in comfort. You always had a person who was there to take care of you. [Interjections.] For us, we were there in the trenches when your fathers were shooting us in 1976. You were out there enjoying everything. [Interjections.]

 

The CHIEF WHIP OF THE OPPOSITION: Chair, I rise on a point of order.

 

The DEPUTY CHAIRPERSON OF THE NCOP: What point are you rising on, hon member?

 

The CHIEF WHIP OF THE OPPOSITION: Chairperson, I would like you to rule whether it is parliamentary for the Minister to make a statement about the parents of members on this side of the House. [Interjections.] I really don’t think it is appropriate. My father did not shoot anybody and I find it offensive... [Interjections.]

 

The DEPUTY CHAIRPERSON OF THE NCOP: Hon member...

 

The CHIEF WHIP OF THE OPPOSITION: May I finish? [Interjections.] May I finish, please?

 

The DEPUTY CHAIRPERSON OF THE NCOP: Yes, continue. [Interjections.]

 

The CHIEF WHIP OF THE OPPOSITION: I can’t hear you because the rabble is making a noise. [Interjections.]

 

The DEPUTY CHAIRPERSON OF THE NCOP: Order! Order, hon members! I would like to hear the point raised by the hon member.

 

The CHIEF WHIP OF THE OPPOSITION: I find it offensive that the Minister is casting aspersions on my parents, and the parents of members here, with no evidence of the truthfulness of those allegations. We have heard today how we must now, you know, sort of, have evidence of allegations... [Interjections.]

 

The DEPUTY CHAIRPERSON OF THE NCOP: Hon members...

 

The CHIEF WHIP OF THE OPPOSITION: And I also don’t think that the Minister should be here lecturing me about how to behave when she can’t enforce the same in her own family.

 

The DEPUTY CHAIRPERSON OF THE NCOP: Hon members, I will go back to the earlier caution that we received... [Interjection.]

 

Mr M Q NDLOZI: Chair? Chair?

 

The DEPUTY CHAIRPERSON OF THE NCOP: Can I...

Mr M Q NDLOZI: Before you rule, Chair...

 

The DEPUTY CHAIRPERSON OF THE NCOP: I have received a point of order. Can I be allowed to rule on it, or maybe to make a remark on it or to remark on what was said?

 

Mr M Q NDLOZI: Okay.

 

The DEPUTY CHAIRPERSON OF THE NCOP: Earlier on, we agreed that we need to be very cautious about the kind of words and inferences that we make in the House. At the same time, we need to recognise the freedom of speech and expression that the Constitution and the Rules of the House allow. So, may we then on the basis of that, allow the Minister to conclude the debate? [Interjection.]

 

The MINISTER OF SCIENCE AND TECHNOLOGY: Chairperson, I hope you noted that I waited until you had finished before I raised my hand to seek your permission to address you.

 

The DEPUTY CHAIRPERSON OF THE NCOP: Thank you, hon member.

The MINISTER OF SCIENCE AND TECHNOLOGY: Chairperson, when the person presiding earlier cautioned the House about the nature of some of the statements we make and that we should have regard to section 58 of the Powers and Privileges Act, the Presiding Officer’s view was roundly rejected. Now, if it pinches, and you are wearing it, it is most unfortunate. Thank you. [Interjection.]

 

The DEPUTY CHAIRPERSON OF THE NCOP: No, just hold on. I am not going to allow a debate on the matter. [Interjections.] May I not allow... [Interjections.] Hon members, order! Hon members, order! I think that I am now entitled to make a ruling. The ruling is as follows:

 

Hon members, may we be cautious. I don’t want to go into it and allow a debate on this particular matter. Therefore, allow the Minister to conclude her debate.

 

The MINISTER OF WOMEN IN THE PRESIDENCY: Thank you, hon Chair. Just maybe also to hon Tarabella-Marchesi...

 

IsiZulu:

Uma sikhuluma ulimi lwethu, kumele uqondisise ukuthi yini abafazana. Usehlisa isithunzi. Angisiye umfazana mina; ngiwumfazi ogcwele, umama wabantwana, owenda. Angiyena umfazana.

 

English:

So I am just saying that the terminology we use becomes very important. [Applause.]

 

We must also bear in mind that women’s rights are human rights, as they are enshrined in the Bill of Rights. So make sure that, whatever we say and do, our women are always respected because, for all of us, we have to make sure that our gender struggles are recognised by everybody.

 

I am thankful for this debate. It allows us to remember our mothers who fought many struggles but also all the men who joined hands to take us forward in making South Africa to be what it is today. [Applause.] The struggle in the ANC is about a struggle for human rights. It is about a struggle for a non-racial, non-sexist, prosperous, democratic South Africa. Thank you.

Debate concluded.

 

The Joint Sitting rose at 18:51.

 


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