ATC140407: Report of the Portfolio Committee on Women, Children and People with Disabilities on its activities undertaken during the 4th Parliament (May 2009 – March 2014)

NCOP Women, Children and People with Disabilities

Report of the Portfolio Committee on Women, Children and People with Disabilities on its activities undertaken during the 4th Parliament (May 2009 – March 2014)
 

1. Introduction

 

1.1 Purpose of the report

 

The purpose of this report is to provide an account of the Portfolio Committee on Women, Children and People with Disabilities’ work during the 4 th Parliament and to inform the members of the new Parliament of key outstanding issues pertaining to the oversight and legislative programme of the Department of Women, Children and People with Disabilities and its entities.

 

This report provides an overview of the activities the committee undertook during the 4 th Parliament, the outcome of key activities, as well as any challenges that emerged during the period under review and issues that should be considered for follow up during the 5 th Parliament. It summarises the key issues for follow-up and concludes with recommendations to strengthen operational and procedural processes to enhance the committee’s oversight and legislative roles in future.

 

1.2 Functions of committee:

 

Parliamentary committees are mandated to:

 

· Monitor the financial and non-financial performance of government departments and their entities to ensure that national objectives are met.

· Process and pass legislation.

· Facilitate public participation in Parliament relating to issues of oversight and legislation.

· Must perform any other functions, tasks or duties concerning Parliament oversight or supervision of such organs of state, constitutional institutions or other bodies or institutions.

 

 

 

 

1.3 Method of work of the committee

 

During the Committee’s Strategic Planning Session that was conducted in 2009, it was decided to adopt a programmatic approach in giving effect to the Committee’s mandate. To this end, the Committee aimed to focus 60% of its time on a theme for the year as follows:

 

· 2009 – Violence & socially vulnerable groups

· 2010 – Poverty/Child Survival and Maternal Health

· 2011 – Education and Skills Development

· 2012 – Employment

· 2013/4 – Review of Department of Women, Children and People with Disabilities and the Commission for Gender Equality

 

The Committee allocated the rest of the time to matters within the Parliamentary cycle such as overseeing the Department of Women, Children and People with Disabilities and the Commission for Gender Equality with respect to the State of the Nation Address, the Budget, Strategic Plans, Annual Reports and Budget Review and Recommendations Reports. In addition, the Committee also undertook oversight visits in 6 Provinces and 1 international study tour, hosted 3 public hearings and a stakeholder engagement with provincial legislatures, engaged with children in various constituencies and received training in gender responsive budgeting.

 

Herewith a reflection of the Committee’s overall activities for every year since 2009.

 

2009:

During the first year the Committee focussed on violence and its impact on women, children and persons with disabilities. The key focus in 2009 was the public hearings on the implementation of the Domestic Violence Act. Given then challenges South Africa faces with gender based violence, the Committee continued throughout the 4 th Parliament to conduct oversight in this regard. Moreover, the Committee issued regular media statements in response to numerous incidents of violence perpetrated against women, children and persons with disabilities. This in turn resulted in Members of the Committee particularly the chairperson being invited by various radio stations across the country to conduct interviews on matters pertaining to violence in order to raise awareness but also reflect on role of Parliament and Government in dealing with violence.

 

 

 

2010:

In 2010, the Committee focussed on child survival and development including maternal health linking it to Millennium Development Goals 3, 4 and 5. The Committee engaged with the Department of Health and the South African Medical Research Council on child survival and maternal health. This was followed up with oversight visits in three provinces to clinics, Thuthuzela care centres and non-governmental organisations.

 

2011:

In 2011, the Committee decided to deal with education and skills development and link this to economic empowerment. Oversight visits were also conducted in Gauteng Province to projects supported by the Department of Trade and Industry and Labour.

 

2013:

2013 was focussed on international treaties namely the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the United Nations Convention on the Rights of the Child (UNCRC). Public hearings were held on the disability convention followed by engagement with all key relevant Government Departments. Due time stringent deadlines for reporting on the UNCRC the Committee could not conduct public hearings on the combined 2 nd , 3 rd and 4 th country report however it was able to engage with child rights experts in the field and the Department of Women, Children and People with Disabilities. The Committee’s report was well received by the Speaker of the National Assembly who subsequently wrote to the Deputy President bringing to attention matters that emerged and requesting the relevant Government Departments to respond accordingly. Moreover, the Committee has also conducted public hearings on the Commission for Gender Equality Act and the Women, Empowerment Gender Equality Bill. Throughout the 4 th Parliament, the Committee engaged consistently with the Department of Women, Children and People with Disabilities and the Commission for Gender Equality including conducting oversight visits to their offices and projects where relevant.

 

2014:

The public hearings on the Women Empowerment and Gender Equality Bill [B50-2013] were held on 29 and 30 January 2014. This was followed by deliberations on the Bill with the input by the Department of Women, Children and People with Disabilities. A report was subsequently compiled and debated in the National Assembly in March 2014 and referred to the National Council of Provinces.

 

The Committee engaged with the following Departments and entities across the 5 years:

 

· Department of Women, Children and People with Disabilities

· Department of Basic Education

· Department of Communication

· Department of Higher Education

· Department of Health

· Department of Human Settlement

· Department of Justice and Constitutional Development

· Department of Labour

· Department of Police

· Department of Public Works

· Department of Social Development

· Department of Trade and Industry

· Department of Transport

· Commission for Gender Equality

· South African Human Rights Commission

· National Youth Development Agency

· Pan South African Language Board

· South African Broad Casting Corporation

 

The Committee also engaged with several stakeholders and NGO’s across the 5 years these included:

 

Advice Desk for the Abused Cape Law Society, Child Welfare South Africa, Childline, Centre for the study of violence and reconciliation (CSVR), Catholic Commission of Justice and Peace Disability and Women of Action, Disabled People of South Africa, Gender Advocacy Programme (GAP), Khulisa Crime Prevention Initiatives, Legal Resource Centre & POWA, Mosaic, Molo Songololo, , Restorative Justice Centre, Project Abroad Human Rights Office, Tshwaranang Legal Advocacy Centre, Nicro, RAPCAN, REACH, SANCO, Thohoyandou Victim Empowerment Programme, Western Cape Network on Violence Against Women, Women of Farms Project, Women Legal Centre, Gym4U, Mvelelo Graphic Design, SARMASH TRADING, Lesedi Manufacturing Primary Cooperative, Ikeleng Basadi Cooperative, Ringane Laundry, Seahawk Investments Laboratory, Curviro Trading, Furn Tech Incubator, Tawana Business Projects, Afripotego, Value Cement, SADECO Quantum Consulting, Dr Therenzo Lorenzo, Disability Studies and Occupational Therapy, University of Cape Town, Transport User’s Group, Down Syndrome South Africa, Empowerment Programme: Children with disabilities and their families, Mr Ncedo Skosana, Ms June McIntyre, Occupational Therapist, University of KwaZulu-Natal, Dr Helen Combrick, Centre for Disability Law and Policy, University of Western Cape, Amanda Gibberd, Director Universal Design in Public Transport Projects, Dementia South Africa, Association for Physically Challenge, Michele Tonks, Mr P Maibi, Rights to Education – Children with Disabilities, Early Childhood Development (ECD) sub-group on the Right to Education for Children with Disabilities, Blind South Africa, Central Gauteng Mental Health Society, Mfuza Paramount Mapukata, Association for Hearing Loss Accessibility and Development, Afrika Tikkum, KwaNothemba Workshop for the Disabled, Disabled People of South Africa, CBR Education and Training Empowerment, Business Unity of South Africa (BUSA), Sonke Gender Justice, Centre for Law & Society, SWEAT/SISONKE, Community Law Centre, Centre for Applied Legal Studies, Retail Association, Justice Alliance of South Africa, Cause for Justice, Joshua Generation Church, Gun Free Society, Cebelele Foundation, Women’s Legal Centre, Human Rights Institute of South Africa and POWA, Wits Institute for Social and Economic Research, Legal Resource Centre, Businesswomen’s Association of South Africa, Jono Wegerle (individual), AGS Church, JD Group Legal and Compliance, Southern Africa Liaison Office, ABSA, Business Engage Association, Vodacom, Triangle Project, Voice Movement Therapy: Eastern Cape, Bright Groom Organisation, Anglican Church MDSA, Mfuza Paramount Mapukata, Tshwaranang Legal Advocacy Centre, Centre for Constitutional Rights, King of Kings Baptist Church, Crystal Park Baptist Church, Progressive Women’s Movement South Africa

 

1.4 Department/s and Entities falling within the committee’s portfolio

 

a) Department of Women, Children and People with Disabilities

 

The mandate of the Department of Women, Children and People with Disabilities is as follows:

 

· Ensure equity and access to development opportunities for the vulnerable group in our society.

· Monitor other government Departments to ensure the mainstreaming of gender, children’s rights and disability considerations into all government and other sectors.

· Monitor the extent to which the social and economic circumstances of women, children ad people with disabilities are significantly improved.

 

b) Entities:

 

Name of Entity: Commission for Gender Equality

 

Role of Entity:

 

· To monitor and evaluate policies and practices of organs of State at any level, statutory bodies or functionaries, public bodies and authorities, and private businesses, enterprises and institutions;

· To cultivate an understanding of gender equality and the role and activities of the Commission through developing, conducting and managing information and education programmes;

· To evaluate whether Acts of Parliament (existing or proposed), systems of personal and family law or custom, systems of indigenous law, custom or practices or any other law, will affect the status of women, and to make recommendations to Parliament in this regard;

· To recommend to the National and Provincial Legislatures, any new legislation that would promote gender equality;

· To investigate on its own initiative or due to a complaint, any gender related issue;

· To maintain close relations with institutions that undertake similar work, and to facilitate cooperation in handling complaints;

· To interact with civil society to further the work of the Commission;

· To monitor compliance to international conventions, covenants and charters related to gender issues, and to submit reports to Parliament in this regard;

· To conduct research on gender related issues;

· To consider recommendations, suggestions and requests made with regards to gender equality as received from any source.

 

2. Key statistics

 

The table below provides an overview of the number of meetings held, legislation and international agreements processed and the number of oversight trips and study tours undertaken by the committee during the 4 th Parliament:

 

Activity	2009/10	2010/11	2011/12	2012/13	2013/14	Total
Meetings held	5	19	25	31	25	105
Legislation processed	0	0	0	1	1	2
Oversight trips undertaken	0	2	2	2	0	6
Study tours undertaken	0	0	1	0	0	1
International agreements processed	0	0	1	2	0	3
Statutory appointments made	0	0	0	0	0	0
Interventions considered	0	0	0	0	0	0
Petitions considered	0	0	0	0	0	0

 

3. Stakeholders:

 

None

 

4. Briefings and/or public hearings

 

4.1 Briefings

 

4.1.1 Joint “Provincial/National Summit” with Portfolio and Select Committees on Women, Youth, Children and Persons with Disabilities, 28 - 31 MARCH 2011

 

The summit was hosted jointly with Select Committees on Women, Youth, Children and Persons with Disabilities. The aim of the summit was to synergise the work of national and provincial committees dealing with women, children, youth and persons with disabilities so as to facilitate effective cooperation and planning in relation to these target groups. The objectives of the summit were to:

 

· Identify the relevant structures within the Premier’s office dealing with matters pertaining to women, children and persons with disabilities in order to work more collaboratively hereby strengthening relations with National Parliament.

· Ascertain whether the Memorandum of Understanding is finalised between the Premier’s office and the Department of Women, Children and People with Disabilities.

· Understand Provincial Strategic plan with regard to women, children and people with disabilities.

· Establish areas of concerns, challenges and best practice within each province in relation to women, children and persons with disabilities.

· Assimilate the information in order for Committees to review their strategic plans for financial year 2011 - 2014.

 

The summit revealed the following challenges:

 

· Lack of understanding of the role of the Department of Women, Children and People with Disabilities.

· Structural inconsistencies across provinces: some offices are not located within the Office of the Premiere, while those located within the Office of the Premiere are special programmes offices or unites.

· Limited Human and Financial Resource capacity: the levels at which staff are employed in these offices is problematic as they often do not have decision-making authority. While other offices are severely understaffed. There also exists a lack of specialised skills and research experience.

· Matters pertaining to Children and Persons with Disabilities were often combined within a unit, while Gender formed part of a unit on their own. In some instances, children’s issues did not form part of special programmes within the Office of the Premiere.

· Lack of understanding and implementation of mainstreaming: the understanding of mainstreaming differed across provinces and how this was translated into specific programmes.

· Provinces expressed a concern disaggregated data in relation to women, children and persons with disabilities.

· The ability of provincial legislatures to hold HOD’s to account in terms of ‘service delivery‘ to women, children and persons with disabilities.

· In terms of Provincial Legislatures, it emerged that some Legislatures did not have specific committees that spoke to the needs of women, children and persons with disabilities, while others only spoke to one of these groups.

· The lack of focal points: it emerged that certain provinces experienced a lack of focal points that spoke only to women, and not to children and persons with disabilities.

The recommendations that emerged at the summit were as follows:

· Consider motivations for the assignment of a Chief Directorate to mainstream issues effectively within provinces. (In order to take into the fact that issues of women, children and persons with disabilities are transversal).

· It was noted that performance contracts of HOD contained provisions that spoke to ‘service delivery’ to women, children and persons with disabilities. In this way, it ensures that the HOD is accountable to these sectors.

· The establishment of a specific committee that deals with these specific sectors should be considered. This will assist in the monitoring and evaluation of government service delivery.

· There exists a need to ensure compliance with international instruments and government obligations at a provincial level. This will ensure that national policies are translated and implemented at a provincial level.

· It is important to note that from a human rights perspective, there are certain implications for grouping women, children and persons with disabilities and referring to them as vulnerable.

· The structural alignment between the National Department and Provincial and Local Governments need to be considered.

· At a provincial level, all legislation, budgets, policies, should consider the implications thereof on women, children and persons with disabilities.

· The inclusion of women, children and persons with disabilities sectors needs to be considered in terms of public participation at a provincial level.

 

4.1.2 Violence against LGBTI persons

 

Violence perpetrated against LGBTI persons was raised with the Committee on various platforms as a matter requiring serious attention. The UNAIDS High Level Task Force had also briefed the Committee during 2012 and requested that special attention be given by the Committee in light of the numerous incidents of violence perpetrated against lesbians in the country.

 

4.1.3 Sign Language

 

The issue of sign language to be recognised as an official language has consistently been raised by various stakeholders with the Committee during public hearings, briefings by Departments and by DeafSA. The Committee received correspondence forwarded by the Deaf Federations of South Africa (DEAFSA) from the Speaker’s Office in 2011. In the letter, DeafSA reported that a meeting of the Joint Committee on Constitutional Review was held on the 13 September 2007 and a consensus was reached on the following:

 

• The status quo was unacceptable and discriminatory as experience by an acceptable section of our community.
• Accommodation of South African Sign Language (SASL) as the 12 th Official Language would have significant logistical and budgetary implications which have to be investigated.
• Hon Minister in the Office of the Presidency, Dr Essop Goolam Pahad was requested to convene a task team to investigate the matter in conjunction with the Hon Minister of Arts and Culture, Dr Zwelidinga Pallo Jordan and the Hon Minister of Education, Mrs Grace Naledi Pandor.
• Pan South African Language Board (PanSALB) was urged to give to the credence to the instruction in Section 6 (5) (a) (iii) of the Constitution to promote SASL and report back to Parliament on the progress made in this regard.

 

Subsequently the Committee had written to the Minister Xingwana requesting progress with regards to the above mentioned issues as the former Office on the Status for Disabled Persons, now subsumed in the Department, was expected to follow through on the aforementioned issues.

 

4.1.4 2 nd , 3 rd and 4 th Periodic State Party Report to the United Nations Committee on the Rights of the Child for the period 1998 to September 2012

 

The United Nations Convention on the Rights of the Child country report was formally referred to the Portfolio Committee on Women, Children and People with Disabilities on 26 February 2013 as well as the Portfolio Committee on Justice and Constitutional Development, Portfolio Committee on Social Development, Portfolio Committee on Health, Portfolio Committee on Home Affairs, Portfolio Committee on Basic Education and Portfolio Committee on Labour.

 

To this end, the Portfolio Committee on Women, Children and People with Disabilities was briefed by the Children’s Institute of the University of Cape Town; Professor Anne Skelton from the Centre for Child Law , Faculty of Law at the University of Pretoria and Child Welfare South Africa on 6 March 2013 as a means of obtaining some perspective of civil society on the country report. Moreover, the Committee also engaged with the Department Women, Children and People with Disabilities; Justice and Constitutional Development; Social Development; Health; Home Affairs; Basic Education and Labour on 13 March 2013 in this regard.

 

4.2 Public Hearings

 

4.2.1 Implementation of Domestic Violence Act

 

On the 9 th September 2009, the Portfolio Committee on Women, Youth, Children and Persons with Disabilities adopted a resolution to host public hearings on the Domestic Violence Act. The Domestic Violence Act (No. 116 of 1998) was one of the first pieces of legislation aimed at promoting gender equality following the advent of democracy in South Africa and is the primary legislative measure to combat domestic violence in the country. However, despite the Domestic Violence Act having been in operation for 11 years, levels of inter-personal violence in the country remain unacceptably high.

 

The aim of the public hearings was to ascertain what the impact of the legislation has been on persons affected by intra-familial violence and abuse, particularly women, children, youth, persons with disabilities, men and the elderly during the eleven years of the Domestic Violence Act’s implementation.

 

The objectives of the public hearings were to:

 

· Investigate the incidence of human rights violations with respect to violence and abuse that is perpetrated against, but not limited to, women, children, youth and persons with disabilities;

· Establish whether the Domestic Violence Act has been effectively implemented;

· Identify key challenges with respect to the implementation of the Domestic Violence Act;

· Understand shortcomings in Government’s response to domestic violence;

· Identify best practice models that can be up-scaled to mitigate domestic violence;

· Make findings and recommendations – identify short, medium and long-term solutions and action required by Parliament and the Executive.

 

4.2.2 Implementation of the United Nation’s Convention on the Rights of People with Disabilities ( UNCRPD)

 

The Portfolio and Select Committees on Women, Youth, Children and People with Disabilities conducted public hearings on the implementation of the United Nation’s Convention on the Rights of People with Disabilities held on the 25 & 26 July 2012.

 

The objectives of the public hearings were to:

 

· To identify progress made in implementing the Convention,

· To identify challenges in implementing the Convention from both civil society and the Executive,

· To ascertain mechanisms that would aid the implementation of the Convention.

 

4.2.3 Women Empowerment and Gender Equality Bill [B50-2013]

 

The Women Empowerment and Gender Equality Bill [B50-2013], was referred to the Portfolio Committee on Women, Children and People with Disabilities and Joint Tagging Mechanism (JTM) on 6 November 2013. The Bill was tagged as a Section 76 Bill and referred to the National House of Traditional Leaders for comments as well.

 

The objective of the public hearings was:

 

· To invite interested organisations and individuals to submit comments on the Bill to assist the Committee in deliberating and finalising the Bill.

 

 

4.3 Outstanding briefing

 

Paper referred to PC Social Development and PC Women, Children and People with Disabilities on 10 December 2013 regarding the Provision and Funding of Child Welfare Services in South Africa by the Financial Fiscal Commission.

 

The paper was referred to but not yet dealt yet by the Committee. During 2013, the Committee was concerned with the funding challenges faced by non-governmental organisations rendering child protection services on behalf of the State. It was proposed that the Department of Social Development and National Treasury briefs the Committee in this regard. However, due to time constraints the Committee had postponed the briefing.

 

5. Legislation

 

The following pieces of legislation were referred to the committee and processed during the 4 th Parliament:

 

Year	Name of Legislation	Tagging	Objectives	Completed/Not Completed
2009/10	N/A	N/A	N/A	N/A
2010/11	N/A	N/A	N/A	N/A
2011/12	N/A	N/A	N/A	N/A
2012/13	Commission on Gender Equality Amendment Bill [B36-2012]	s75	The Bill seeks to amend the Commission on Gender Equality Act, 1996 so as to align it with the Constitution of the Republic of South Africa and to provide for matters connected with.	Completed. Report adopted 15 May 2013.
2013/14	Women Empowerment and Gender Equality Bill [B50-2013]	S76	The Bill seeks to give effect to section 9 of the Constitution of the Republic of South Africa, 1996, in so far as the empowerment of women and gender equality is concerned, to establish a legislative framework for the empowerment of women, to align all aspects of laws and implementation of laws relating to women empowerment and the appointment and representation of women in decision making positions and structures and to provide for matters connected therewith.	Completed. Report adopted on 26 February 2014.

 

 

6. Oversight trips undertaken

 

The following oversight trips were undertaken:

 

Date	Area Visited	Objective	Recommendations	Responses to Recommendations	Follow-up Issues	Status of Report
28 July 2010	Mitchell’s Plain Police Station and Magistrate Court	To assess the services of the Department of Justice and Constitutional Development and Police for victims of domestic violence	The Committee made the following recommendations:   A method of communication between legislators and implementers of law should be developed to ensure that laws that are passed are implemented and to identify gaps and challenges that exist;   Non-governmental organisations should develop programmes to assist victims of domestic violence;   Courts should develop prevention measures in terms of handling of domestic violence cases;   The court should provide the Committee with a report outlining the cost and difficulties of having to procure the services of foreign and sign language interpreters.   The Committee will debate issues of concerns as raised by the Magistrate Court and Police officials in Parliament.	The Committee subsequently engaged with the Department of Justice and Constitutional Development in 2012 on matters that arose during the public hearings and on oversight visits. Moreover, the Committee had also engaged with the then Independent Complaints Directorate on reports that were referred specifically related to domestic violence.	On-going matters for consideration	Report adopted on 12 March 2014
04-06 August 2010	Limpopo province	To assess the services of the Department of Justice and Police for victims of domestic violence in Limpopo Provinces	Having deliberated on observations, the Committee made the following recommendations:   The Departments of Human Settlement and Social Development should ensure that accommodation for victims of abuse is adequate and available for long-term purposes.   The Departments of Police should provide training to police officials on the Domestic Violence Act, 1998	The Committee subsequently engaged with the Department of Health and Justice and Constitutional Development in 2012 on matters that arose during the public hearings and on oversight visits.	On-going matters for consideration	Report adopted on 12 March 2014
24 -29 July 2011	Eastern Cape and KwaZulu-Natal Provinces	To assess children’s access to education with particular interest in children with disabilities.   To evaluate government’s initiative for youth to obtain further education and skills development.   To identify opportunities for rural women with regards to further education and skills development.   To assess whether the Department of Women, Children and People with Disabilities and National Youth Development Agency were delivering on their stated objectives as per their strategic plans and annual performance plan.	The Committee devised specific recommendations for the Department of Women, Children and Persons with Disabilities; Department of Social Development; Department of Basic Education; Department of Health; Department of Police; Department of Co-operative Governance and Traditional Affairs and the National Youth Development Agency   Specifically for the Department of Women, Children and Persons with Disabilities, the Committee indicated that t he Department should be made aware of the issues noted in each province and what the relevance was in relation to its stated mandate and strategic objectives.   With respect to the National Youth Development Agency, the Committee indicated that t he Minister in the Presidency: Performance Monitoring and Evaluation, Minister Chabane should be made aware of the following concerns: • Attitudes of the Eastern Cape NYDA official towards the members of the committee were unacceptable. • Absence of the NYDA programmes and projects within the province. • Lack of monitoring and evaluation of projects within the province by the NYDA. • The NYDA should submit a report of what it was doing within the province in terms of programmes and projects.	The Committee did not receive any written responses from the respective Departments on the recommendations made.   Furthermore, the Committee brought to the attention the issues pertaining to the Sanitary Dignity Campaign   The Committee raised their concerns with senior presiding officers regarding the conduct of the provincial NDA officials at the time and the issues that emerged during the oversight. Subsequently, the NYDA was moved to report to the SC on Appropriations.	On-going matters for consideration	Report adopted on 26 October 2011
11 August 2011	Departments of Safety and Security and Justice and Constitutional Development and Health, Delft, Western Cape Province	To look at the implementation of programmes to deal with teenage pregnancy and substance abuse   To look at the implementation of the sexual harassment and teenage pregnancy policies of the Department of Basic Education.	The Departments of Basic Education, Health and Social Development should work together to address challenges faced by the schools and the community.   The Department of Basic Education should ensure that Sexual Harassment and Teenage Pregnancy Policies are implemented.   The Department of Basic Education should ensure that parents/communities are involved in the activities of the school.   Awareness campaigns on teenage pregnancies and substance abuse should be regularly held by the Department of Basic Education.	The Committee did not receive any written responses from the respective Departments on the recommendations made.	On-going matters for consideration	Report adopted on 26 October 2011
17 – 22 June 2012	Departments of Trade and Industry in Gauteng Province	To assess access to programmes/projects with regards to employment opportunities for women and people with disabilities   To identify opportunities for women and people with disabilities with regards to skills development and empowerment opportunities.	Having interacted with stakeholders and made observations, the Committee recommends as follows: Department of Trade and Industry, NEF and SEDA   The Department and its entities should strengthen its monitoring and evaluation strategies.   The Department and its entities should increase awareness about and accessibility to their programmes and funding.   The Department and its entities should provide training such as management and financial skills to women and people with disabilities.   The Department should expedite the process of reaching the 2% target for employing people with disabilities.   The Department should include in issues related to people with disabilities in its programmes and budget.   Department of Women, Children and People with Disabilities The Department of Women, Children and People with Disabilities should follow up the establishment of SEF in Limpopo and Mpumalanga Provinces with the Department of Labour.	The Committee did not receive any written responses from the respective Departments on the recommendations made.	Support to and monitoring of SMMEs for women and persons with disabilities.	Report adopted on 14 Nov 2012
26 – 28 March 2013	Department of Women, Children and People with Disabilities ‘s office, Gauteng Province	Discuss the implementation f the turn-around strategy of the Department of Women, Children and People with Disabilities   Engage with the overall mainstreaming framework, advocacy strategy, institutional support and capacity development and evaluation and strategy of the Department. the Department’s progress of the 1 st , 2 nd , 3 rd and 4 th quarterly reports	The Committee had a list of general recommendations and those that specifically related to Human Resources, Finances and the Department’s policies namely; the Integrated Mainstreaming Framework, M&E Strategy, Institutional support and capacity building and Advocacy.	The Department subsequently briefed the Committee on progress with regards to its turn-around strategy.	On-going matters for consideration	Report adopted on 24 July 2013
2-5 December 2013	Gauteng, Free State, Mpumalanga and Eastern Cape Provinces	The objectives for engaging with children during Constituency were:   To provide a platform for children to interact with Members of the Committee within their community;   Embedding existing mechanisms in place in order to address challenges raised by children.   To identify what the key challenges are for children within their community in order for Members to follow up on issues for oversight; and   To use the opportunity to inform and educate children about the role of the Committee and Parliament at large.   Thus the engagement with children during constituency period serves as an opportunity for public participation for the Committee and as a means to exercise oversight as a result.	Having undertaken visits to various constituencies, the Committee recommended the following: Identify mechanisms for giving effect to what the children describe as “Starting a road to success” and seeing “Children as agents of change”.   Confer with relevant Committees in the National Assembly, the National Council of Province and the Provincial Legislatures to follow-up on issues that were identified within the various constituencies.   The Portfolio Committee on Women, Children and People with Disabilities should ensure that engagement with children in constituencies is part of the 5 th Parliament programme.   Parents have a crucial role to play within child rearing. More awareness raising should be done to educate parents on how best to protect children from harm and abuse.   Departments should request assistance of private donors to assist with issues related to issues such as rehabilitation centres and schools nutritional programmes.   Government should focus more on promoting extra-mural activities for children particularly in rural areas.   Religious institutions are crucial role players that should become more active to prevent and promote the protection of children from abuse and neglect.   Each Member within their respective constituencies to follow-up on the issues identified by the children.   The Committee had also made specific recommendations for each of the following Departments:   Department of Cooperative Government and Traditional Affairs Department of Basic Education Department of Health Department of Justice and Constitutional Development Department of Police Department of Social Development Department of Transport	At the time of the finalization of this report, it was not yet ATC and as such the respective Departments would not have been able to respond. To be followed up in the 5 th Parliament.	To be considered by the Committee in 5 th Parliament	Report adopted on 12 March 2014

 

 

7. Study tours undertaken

 

The following study tours were undertaken:

 

Date	Places Visited	Objective	Lessons Learnt	Status of Report
26 Nov – 3 Dec 2011	Norway	The objective of the study tour was to observe how a country such as Norway is ensuring a better life for all its citizen particularly women, youth, children and people with disabilities	The Committee recommends/finds as follows:   There is a need to look at the synergies between the current disability, anti-discrimination and gender equality legislation in Norway, and the proposed disability and gender equality legislation in South Africa;   In terms of Universal Design, Norwegian legislation places a responsibility on both the public and private sector to promote universal access. In addition, universal access is a transversal issue and included in all departmental policies and programmes. Therefore the issue of universal design is utilised more as a strategy;   An early intervention and prevention approach is implemented at a municipal level. Therefore if a citizen requires any form of assistance or support, this can be identified at the onset and the appropriate service can be rendered – in most instances free of charge. Such a holistic approach is aimed at keeping families together, with any form of institutionalization being seen as the last resort;   There is a high regard for child participation – this was evident in the engagement with the Ombudsman for Children, as well as the Ministry for Children, Equality and Social Inclusion. An Ombudsman for Children should be explored within the South African context; and   In terms of promoting safety and combating domestic violence against women, all women living at shelters have a mobile panic button and police in the area are aware of each individual case.	Report adopted on 21 June 2012

 

 

 

8. International Agreements:

 

The following international agreements were processed and reported on:

 

Date referred	Name of International Agreement	Objective	Status of Report	Date of enforcement
22 June 2011	Southern African Development Community (SADC) Protocol on Gender and Development and explanatory memorandum to the SADC on Gender and Protocol	The Protocol aims to provide for the empowerment of women, to eliminate discrimination and achieve gender equality by encouraging and harmonising the development and implementation of gender responsive legislation, policies and programmes and projects.	Report adopted on 24 August 2011	2013
26 February 2013	2 nd ,3 rd and 4 th Country Report of the United Nations Convention on the Rights of the Child	The UNCRC aims to ‘protect children’s rights by setting standards in health care; education; and legal, civil and social services’.	Report adopted on the 14 March 2013
14 June 2012	Report of the 56 th Session of the United Nation Commission on the Status of Women		Report adopted on the 20 February 2013

 

 

 

9. Statutory appointments

 

The Committee did not deal with any statutory appointments for the Commission of Gender Equality during the period under review.

 

 

 

10. Interventions

 

No interventions were referred to and processed by the Committee for the period under review.

 

11. Petitions

 

No petitions were referred to and considered by the committee during the period under review. However during 2010 the Committee considered a legislative proposal by Hon. C Dudley as requested by the Committee on Private Members Legislative Proposals pertaining to the Choice on Termination of Pregnancy Act. Following deliberations on the Hon. Cheryllyn Dudley’s Legislative Proposal to amend the Choice on Termination of Pregnancy Act, members from the Portfolio and Select Committees on Women, Youth, Children and Persons with Disabilities agreed that they do not support the proposed legislative amendment. The following were key concerns informing the members’ decision to not support the proposed legislative amendment:

 

· There is no vast difference between the proposed amendment and the services already provided for in the principal Act, thus the proposed amendment does not appear warranted.

· There is a need for the existing Act to be better financed and implemented. In addition, there is a need for increased awareness and understanding about the Choice on Termination of Pregnancy Act and its provisions, rather than for the Act to be amended.

· It is not clear to what extent the proposal has been made on the basis of an isolated incident.

· Women’s right to choice must be the primary concern in any legislative amendment and this is not adequately reflected in this proposed amendment. This relates specifically to the proposed viewing of electronic images, diagrams and photographs.

· The use of the term ―unborn child is inconsistent with the use of the term ―foetus in the principal Act.

· Introducing and/or amending legislation could be costly, and the related implications in terms of financial and human resources even more so.

· Legislative amendments should not be made in isolation of other parts of the Act or other existing legislation.

 

(As noted in the report of Levendale, C (2010) Private Member’s Legislative Proposal To Amend Choice On Termination Of Pregnancy Act - Legislative proposal introduced by Hon. Cheryllyn Dudley, Paper prepared by the Research Unit, Parliament of South Africa.)

 

To this end, the Committee deliberated and resolved:

 

· Not to support the legislative proposal made by Hon. Dudley;

· To engage further with Hon Dudley and the Department of Health for further clarity on the proposal.

· To make recommendations to the PC and SC on Health to consider conducting public hearings to review the Choice of Termination of Pregnancy Act in terms of its implementation.

 

 

 

 

12. Obligations conferred on committee by legislation:

 

a) Challenges emerging

 

Technical/operational challenges

· The stringent deadlines between dealing with Annual Reports and the BRRR places the Committee under pressure to deal with these reports which are significant in very short timeframes.

 

Content-related challenges

· For a list of challenges identified by the Committee within the 2013 BRRR Refer to Appendix 1.

 

b) Issues for follow-up

 

The 5 th Parliament should consider following up on the following concerns that arose:

With respect to the Department of Women, Children and People with Disabilities, the Committee agreed to the following:

 

Reporting matter	Action required	Timeframe
Monthly reports encouraged as per the AG recommendation	Written report	By the 15 th of every month for previous month
Quarterly reports	Written report Briefing	1 December 2013 (due date for 2 nd quarter report for 2013/2014) At next quarterly meeting in January – March 2014 (see Committee programme)
Audit outcomes - Details of audit action plan	Written report Briefing	1 December 2013 At next quarterly meeting in January – March 2014 (see Committee programme)
Skills audit	Written report Briefing	December 2013 At next quarterly meeting in January – March 2014 (see Committee programme)
Travel and subsistence	Written report	1 December 2013 At next quarterly meeting in January – March 2014 (see Committee programme)
Unauthorised and irregular expenditure from previous financial year	Written report	At next quarterly meeting in January – March 2014 (see Committee programme)

 

With respect to the CGE, the follow up with ISD regarding the Kader Asmal Report is important. Furthermore, the Committee agreed that the Commission should provide the following to the Committee in the last meeting namely:

 

· The detailed report on time frames for filling vacancies and progress in this regard.

· All outstanding questions posed by Members of the Committee to be responded to in writing.

· The detailed audit action plan to be submitted to the Committee by December 2013 and that it should also form part of the 2 nd quarterly report for 2013/14.

 

13. Summary of outstanding issues relating to the department/entities that the committee has been grappling with

 

The following key issues are outstanding from the committee’s activities during the 4 th Parliament:

 

Responsibility	Issue(s)
Department of Women, Children and People with Disabilities	Fluxmans Report: The Minister Xingwana briefed the Committee in response to the Public Service Commission and the Fluxmans Report with respect to the former Director General in the Department. The Committee was informed by the Minister Xingwana that she had written to the Minister of Public Services and was informed that as the former DG was now located in the office of the Premier in Mpumalanga, Minister Xingwana should engage directly with the Mpumalanga Premier to deal with the matter. Furthermore, the Committee was also informed by Minister Xingwana that there were a few cases that emanated from the report that were still ongoing for which the Department was still dealing with.   National Council on Gender-Based Violence: A lack of adequate funding was noted to the Committee as a challenge experienced by the Council. Other key issues to consider in the 5 th Parliament would be the structure of the Council insofar as the filling of vacancies is concerned and the programmes of the Council.
Commission for Gender Equality	Kader Asmal Report: The Commission for Gender Equality and other stakeholders in civil society consistently reiterated that the findings of the Kader Asmal Report should be considered. The office for the Institutions Supporting Democracy within Parliament is attending to the matter.   Funding model of the CGE: Salary scales of Commissioners as compared to other Chapter 9 institutions were lower based on the current funding model of the CGE.
Violence	Conferral with other Committees – Parliamentary Inquiry into Violence Co-ordinated approach within Parliament to deal with violence. Follow-up with House Chairperson in the National Assembly on the proposal for a joint initiative between Committees to deal with violence
Legislation	Muslim Marriages Bill: Even though the Committee had identified and was interested in the Bill due to the gendered implications, the Committee was unable to deal with the matter during the 4 th Parliament due to time constraints.   Sex work and prostitution: The decriminalisation of sex work was raised as an issue of concern with the Committee on several platforms. The Committee had intended to arrange a briefing with all the relevant stakeholders (e.g. South African Law Reform Commission – Discussion paper; Commission for Gender Equality – Position Paper) concerned to engage on the matter. However, due to time constraints the Committee was unable to deal with the matter.

 

Herewith key issues that were identified by the Committee that impacts on its core functions and should be taken into consideration during the 5 th Parliament:

 

· Time frames impact on Committee’s work and dealing with transversal matters.

· Late arrival of documentation from the Department prior to a Committee meeting as well as different reports handed in the morning of a meeting posed as a challenge for the Committee.

· In year monitoring of the Department of Women, Children and People with Disabilities was constrained as quarterly reports were not submitted on time. Hence in the previous financial year, all 4 quarterly reports were dealt with in the last quarter. Even though the Department provided an explanation as to why reports were submitted late due to a focus on the turn-around strategy, the implications were that the Committee could have identified challenges earlier if reports were submitted timeously.

· The Commission for Gender Equality and other stakeholders in civil society consistently reiterated that the findings of the Kader Asmal Report should be considered. The office for the Institutions Supporting Democracy within Parliament is attending to the matter.

· The Committee’s relationships needing to be strengthened with the Multi-Party Women’s Caucus, the Select Committee on Women Children and People with Disabilities and the office for the Institute Supporting Democracy and other Committees.

· Conferral with other committees – need to strengthen relationships with other Committees in order to compliment work. Work often fragmented.

· Legislation – The Committee is limited with respect to engaging on key pieces of legislation that is not referred jointly to the Committee.

· Child participation in Constituencies – several issues emerged which having baring on other Departments besides the Department of Women, Children and People with Disabilities and should be followed-up through joint briefings and oversight visits.

· Disability – education for children with disabilities, non-adherence on 2% target, accessible transport, disability policy and legislation were all pressing issues that impact on the lives of persons with disabilities that require that attention of the Committee in the 5 th Parliament.

· The Committee queried with it was placed under the correct cluster namely Governance, as the mandate of the Committee meant that issues were transversal affecting all Government Clusters.

 

14. Recommendations

 

With respect the 2013 BRRR the Committee recommended the following:

 

The Minister of Women, Children and People with Disabilities should ensure that the following recommendations are implemented.

Financial performance

· It is encouraged that the Department submit monthly reports to the Committee as this will aid with oversight.

· All outstanding matters related to the Turn-Around Strategy must be reported on to the Committee on a monthly basis.

· The Department must implement and adhere to stringent daily and monthly financial controls.

· The Department must ensure that all funds that are appropriated are utilised optimally to avoid under or over-expenditure.

· The Department is requested to provide the Committee with regular reports for activities that incur Travel and subsistence costs. These initiatives should clearly indicate the purpose of the trip, the size of the delegation, the cost incurred, the outcomes of the trip and an action plan as to how resolutions will be implemented.

 

Human Resource

· All key funded vacancies must be filled.

· The Department’s skills audit must be completed by December 2013 and an action plan of what is required to address the skills deficit must be developed before the end of this financial year. This must be submitted as part of the Department’s Annual Performance Plan and revised Strategic Plan to National Treasury for the coming financial year.

· The Committee reiterated the importance of compliance with the Public Finance Management Act and National Treasury Regulations by the Department and that failure of officials in this regard must be dealt with expeditiously.

· Given the Auditor General’s findings pertaining to the lack of internal controls and non-compliance with laws and regulations as required by Treasury Regulations, training is essential for staff and communicating policies and procedures to ensure that all staff are aware of these.

· The Department must have a personal development plan that is linked to a performance contract for all staff.

· Funding for personal development must be increased and should not be used for any other purpose but what it was intended for and ring-fenced.

· The Department must ensure that key vacancies within the core Programmes (2, 3 & 4) are filled. In terms of the revised human resource structure that would be submitted to the Minister of Public Service and Administration, the Department must address the inequity between support and core staff ratio. The policy development, research, institutional support and capacity development, stakeholder engagement and advocacy initiatives currently located in Programme 1 and costed for should be mainstreamed and relocated into Programmes 2, 3 and 4 respectively in order to enhance the performance of the core programmes

 

Infrastructure

· The Department should continue its discussion with the Minister of Public Works to expedite all matters related to accommodation of all staff within one building.

· All outstanding matters as noted in the Committee’s oversight report pertaining to the visit to the Department’s offices should be addressed.

 

Performance related recommendations

 

Performance of Programme 1

· The Committee reiterated that more needs to be done to improve the image of the Department through marketing.

 

 

Collaboration

· The Department (WEGE Programme 2) must strengthen collaboration with the Commission for Gender Equality to avoid the duplication of activities.

· The Department must strengthen collaboration with the Public Service Commission and the Department of Public Service and Administration.

· Collaboration between programmes within the Department must be strengthened and this must be clearly articulated in the next Annual Performance Plan.

 

Monitoring and evaluation

· The Department must disseminate gender audit reports and make findings available.

· The Department must disseminate monitoring reports on Government’s compliance with the 2% employment equity target for persons with disabilities.

 

Implementation of policies

· The Department must devise an action plan that clearly outlines by when and how the key policies that have been developed will be disseminated to all Organs of State. All Government Departments must be provided with an indication of how the policies should be implemented and what type of information the Department would require for monitoring and evaluation in this regard.

· The Department must clearly identify what the proposed outcomes and key performance indicators are for each campaign it intends embarking on. This should be established at the beginning of the financial year with estimated costs for each initiative. All campaigns must be evaluated and reports developed. An assessment of all campaigns must be done on annual basis to determine the impact.

 

Treaty compliance framework and timeframes

· The Department must ensure that a plan is in place and communicated with Departments well in advance as to what information is required in the form of data/indicators in preparation for the upcoming country reports. This plan must be made available to the Committee and reflect in the next Annual Performance Plan and revised Strategic Plan.

· The Department must make every effort to ensure compliance with treaty deadlines.

· The Department should submit country reports to Parliament in advance to enable adequate time for the Committee to engage with the content.

 

National Council on Gender-Based Violence

· The administration and co-ordinating functions of the Council should remain within Programme 1: Administration and National Treasury should ensure that adequate funding is allocated in order to function optimally.

· The content matters currently residing within the Council that pertain to the research, development of the national plan to deal with gender-based violence, monitoring and evaluation of the plan as well as advocacy initiatives should be mainstreamed into Programme 2, 3 and 4.

 

The Committee had also proposed the following general recommendations:

 

· Legislation: Need for improved conferral of legislation between Committees to ensure that Committee is involved in a formalised manner e.g. decriminalisation of sex work.

· Conferral: Strengthen relationship with other Committees. Develop a mechanism in order to foster and strengthen relationships.

· In year monitoring: Departments to submit regular reports within timeframes set. All departments on 2% target and adherence hereto. Requesting regular quarterly reports from the Department of Women, Children and People with Disabilities and the Commission for Gender Equality to the Committee – consider submitting monthly reports.

· Follow up on all CGE papers referred to the Committee in 2013.

· Strengthen relationship between Department and the CGE.

· Child participation in constituencies – Committee to follow up on issues that were identified. Improved engagement with provincial structures. Ensure that Committee continues to engage meaningfully with children in communities.

· Questionnaire on violence: The Committee should follow-up with the House Chairperson regarding the questionnaire and propose a joint initiative within Parliament to address gender-based violence.

· The 5 th Parliament should consider following-up on the recommendations as outlined in the Norway study report.

· The Committee should consider undertaking a joint study with the Multi-party Women’s Caucus to Ghana during the 5 th Parliament.

 

 

 

15. Committee strategic plan

 

The Committee held a strategic planning workshop on the 11 – 12 August 2009 in Parliament and invited various experts in the field to brief the Committee on key issues that pertained to women, children and people with disabilities. Subsequent to that in 2011, the Committee also hosted a summit and invited provincial legislatures and premiers offices as a means of strengthening relationships and working more collaboratively on matters related to the target group of the Committee. The discussions assisted the Committee in refining its strategic plan at the time for the remainder of the 4 th Parliament.

 

For an overview of the Committees activities during the 4 th Parliament, refer to Appendix 2.

Appendix 1

 

BRRR 2012 Recommendations	Progress & Challenges in 2013
General a) The Department must focus its strategic objectives, targets and outcomes on its core mandate of coordination, monitoring and evaluation. b) The Department must work collaboratively with other government departments and entities but must guard against duplicating activities and initiatives which fall within the mandates of other departments. c) The Department should take heed of matters of emphasis as highlighted by the AGSA, as well as promptly implement recommendations and corrective measures as set out by the AGSA in its audit report on the Department. d) The Department should address concerns raised and recommendations made by the Committee and expedite the implementation of its turn-around strategy and clearly outline its short-, medium- and long-term goals and timeframes in this regard. This should be reported on accordingly. e) The Department should report to the Committee on a monthly basis on progress made with regards to the implementation of the turn-around strategy and provide financial statements on a quarterly basis. f) The Department must provide the Committee with all outstanding reports for the period under review that relate to initiatives within the core programmes, by November 2012. Moreover, the Committee requires the Department to provide reports on the implementation of resolutions from conferences, workshops and campaigns and progress in this regard. g) The Department must regularly submit detailed reports pertaining to conferences, campaigns and initiatives to the Committee.	a) The Department has ensured that its strategic objectives were linked to Government’s priorities post the State of the Nation Address and Budget Speech. However, objectives, targets and performance indicators were not SMART as emphasised by the AGSA. b) 9 MOUs were signed with either a Government Department, Office of the Premier, Government Agency and a donor/funder. This list was submitted to the Committee in November 2012.   Collaboration within the Department · All Programmes have undertaken several activities and produced various outputs. However, it is unclear how the officials across the different Programmes are working collaboratively to ensure that mainstreaming of gender, children’s and persons with disability rights is indeed strengthened within the Department.   Collaboration with Commission for Gender Equality (CGE) · During the deliberations pertaining to the quarterly performance of the Department and the CGE, common focus areas were identified namely the review of 365 day action plan and gender audits which both Organs of State were engaged in. The work is necessary, however, the Committee cautioned that in order to avoid duplication and resources not being used optimally, collaboration should be strengthened particularly between the NCAGBV, WEGE Programme and the Research Unit of the CGE.   c) The Department developed a Turn-around Strategy (TAS) and subsequently a DG and Chief Financial Officer (CFO) was appointed. d) The Department has reported on progress insofar as its TAS is concerned. e) The Department presented its quarterly reports to the Committee. However, the monthly report submissions to the Committee as requested were not provided. f) The Department provided in total 24 reports/publications to the Committee as evidence of outputs that relate to 2012/2013 and for 2013/2014. g) The Department has indicated in its current Annual Report that the following were produced namely; National Women’s Campaigns Report, Launch of access to education for all children campaign and an Assessment Report on National Awareness and Accessibility Campaigns. However, the Committee has not received copies of the aforementioned reports.
Finance a) The Department’s Internal Audit Committee must provide an initial report within a month of the adoption of this report to indicate progress made in implementing AG recommendations. Hereafter, the Committee requires the Internal Audit Committee to provide quarterly reports on outcomes of meetings held. b) The Committee seeks clarity regarding the awarding of performance bonuses, given that the Department had only delivered on 27% of its targets. Moreover, the Department should provide the Committee with a detailed account of reasons for the exorbitant leave payouts, including who these were paid out to. c) Given the aforementioned, the Committee requires a detailed breakdown of what the additional funding sought from National Treasury will be used for and to what extent this would aid programme performance with specific reference to the WEGE, CRR and RPD Programmes. d) The Department must guard against over-expenditure in the future.	a) The Department has established an Internal Audit Committee to address internal audit and risk management. b) Information was provided to the Committee. c) The Department has not over spent in 2012/2013 period. According to the AGSA and the FFC noted that the Department had incurred R25.1 million unauthorised expenditure in 2011/2012 which had not yet been condoned as well as R35.5 million irregular expenditure in the same period. d) The Department has during the course of 2012/2013 period highlighted to the Committee that it had experienced funding challenges and was in need of additional funding. However, it is important to note that during the 2012/2013 period the Department under-spent by R12.960 million. The Department explained that this was attributed to some vacancies which have yet to be filled and the allocation was given in December and the appointments could not be made over the December and January period. The timeframes were limited and the vetting process took time to process.
Human Resources a) The Department should finalise the human resource plan based on the approved budget which should be implemented accordingly. b) The Department should include a career path in their human resource plan. c) The Department should speed up the process of employing the CFO, DG and other critical vacancies.	a) The Department has worked on an amended HR structure. b) The Department indicated that it was in the process of doing a skills audit and would submit a report to the Committee in this regard. c) The DG and CFO positions were subsequently filled.
Programme Performance a) The Department should, as a matter of urgency, finalise their mainstreaming strategies, monitoring and evaluation framework and tools which would assist other Departments in implementing issues related to women, children and people with disabilities.	a) The Integrated Monitoring and Evaluation Strategy, Mainstreaming Framework, Advocacy Strategy & Institutional Support and Capacity Building were finalised and submitted to the Committee.

 

 

 

Appendix 2: Summary of Key Highlights for the Committee in the 4 th Parliament