ATC140324: Report of the Portfolio Committee on Women, Children and People with Disabilities Public Hearings on the Women Empowerment and Gender Equality Bill [50-2013], dated 5 March 2014.
NCOP Women, Children and People with Disabilities
Report of the Portfolio
Committee on Women, Children and People with Disabilities Public Hearings on
the Women Empowerment and Gender Equality Bill [50-2013], dated 5 March 2014.
The Portfolio Committees
on Women, Children and People with Disabilities having conducted public
hearings on the
Women Empowerment and Gender Equality Bill [B50-2013]
held on 29
and 30 January 2014, reports as follows:
1. Background
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.
2. Objectives
The objectives
of the public hearings were:
·
To invite interested organisations and individuals
to submit comments on the Bill to assist the Committee in deliberating and finalising
the Bill.
3. Delegation
The delegation
consisted of the Portfolio Committee on Women, Children and People with
Disabilities.
4. Submissions
The Committee
received 41 submissions from the public including the organisations and
individuals who requested to make oral submissions. These included: Commission
for Gender Equality (CGE), 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, Womens Legal
Centre, Human
Rights Institute of South
Africa and POWA, Wits Institute for Social and Economic Research, Legal
Resource Centre, Caro
Hartel
(individual),
Businesswomens Association of South Africa,
Jono
Wegerle
(individual), AGS Church, JD Group Legal and
Compliance, Department of Rural Development and Land Reform, Southern Africa
Liaison Office, , ABSA, Business Engage Association, Vodacom, Triangle Project,
Western Cape Government, 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 Womens Movement South Africa,
Sandy Day (individual) and Women in Agricultural and Rural Development.
5. Key Issues from
Submissions
Herewith a summary of key issues that emerged:
5.1
General
·
The intent and purpose of the Bill was welcomed
however the definition of gender and gender discrimination was too narrow in so
doing the desired aim was not achieved.
·
Group of rural women from KwaZulu Natal indicated
that the Bill would greatly support the advancement of women living in rural
areas. This group also indicated We the women in WARD support the Women
Empowerment and Gender Equality Bill because we believe that it will close the
gaps in existing legislation and will give the Minister
powers
to monitor their implementation. Furthermore, the submission also supported
clauses 2, 3, 4 hereby provide an opportunity for training women with
disabilities with no formal schooling; 5 in so doing facilitate the return of
midwives system and family planning; 6 as this will empower women to make
informed decisions; 7; 8 women would benefit from the transformation
initiatives; 9; 10 and 11. Clause 16 was not supported as it did not provide
the Minister with adequate powers to enforce compliance in the event of
non-compliance.
·
In addition, the aforementioned group also
indicated that the Bill does not adequately address issues faced by widows such
as gender-based violence and inheritance (land acquisition).
·
The consultation process on the Bill by the
Department was not broad enough and as a result not all stakeholders were
informed or had the opportunity to then subsequently engage with the content of
the Bill and provide input. Certain submissions were particularly concerned
that the Bill was too vague in some respects and required clarity all of which
were raised with the Department in consultation leading up to the introduction
of the Bill to Parliament. However, it was noted that these concerns were not
addressed within the current version of the Bill and that many of the
submissions raised similar issues which were brought to the attention of the
Department.
·
The failure of gender empowerment was not on
account of a lack of policy or legislative framework but in the lack of
implementation.
·
Patriarchy was not adequately addressed in the
Bill.
·
The Bill is limiting and did not adequately
address the gender discrimination experienced by
Lesbian Gay Bisexual Transgender and Intersex
(LGBTI) persons and
women who are marginalised e.g. sex workers; women living in abject poverty who
lack access to economic opportunities, poor infrastructure and lack of access
to basic services; women living in rural areas etc. To this end,
the Bill deals simply with women, men,
girls and boys, in so doing not giving due recognition to the transgender
community.
·
The Bill
appears to focus more on women within the formal employment sector and only
minimally on unemployed women and vulnerable sectors of society.
·
The Bill did not address intersectional forms of
gender discrimination.
·
Certain submissions were concerned that the Bill
may potentially unfairly discriminate against men once implemented in the
current form.
·
The criteria for designating private and public
bodies must be made clearer.
5.2 Duplication
·
The Bill duplicates the powers and functions (research,
monitoring and evaluation) of the Commission on Gender Equality (CGE) as
ascribed in the Commission for Gender Equality Act.
·
Several submissions indicated that the Bill
overlaps with existing legislation, i.e.
o
Employment Equity Amendment Act (No. 47 of 2013) - With
reference to Section 36, Undertaking to comply; Section 42, Assessment of
compliance all dealing with employment equity plans and compliance;
prohibition - discrimination based on gender in the workplace, obliges
employers to take steps to eliminate discrimination and provides for
affirmative action measures to redress inequalities based on gender; annual or
biannual reporting from employers - implementation of affirmative action plans
for designated groups which includes black people, women, and persons with
disabilities.
o
Broad Based Black Economic Empowerment (BBBEE) Act
(No. 53 of 2003) - With reference to Issues of Codes of Good Practice
outlines scorecard for BBBEE compliance and threshold required
o
Promotion of Equality and Prevention of Unfair
Discrimination Act (No. 4 of 2000) (PEPUDA) etc. - With reference to
Chapter 2, Section 8 Prohibition of unfair
discrimination on ground of gender; Chapter 5, Promotion of Equality, Section
25, Duty of State to Promote equality, Section 26, Responsibility of persons
operating in public domain to promote equality
·
The Employment Equity Act has been amended and the
BBBEE has been reviewed. It was proposed that an assessment is done to
determine why the ideals as outlined in the laws cannot be fully achieved.
Hence there was no clear link between the Bill and existing legislative
framework.
·
Most submissions were concerned that in the absence
of an audit of existing legislation to determine what the gaps were and why
existing laws were not implemented optimally to bring about gender equality,
that the proposed Bill would then merely duplicate existing provisions in other
laws and policies. Furthermore, the concern raised was that the Bill would
merely be increasing the administrative burden to submit additional plans over
and above what is being expected e.g. BBBEE compliance.
·
The concern was that the provisions in the Bill
were vague and ambiguous and would supersede existing law.
5.3 Weak enforcement
·
The Bill does not provide any mechanism to hold the
state accountable to obligations as set out in article 16 of
Convention on the Elimination of All Forms of Discrimination against
Women (
CEDAW) which seeks to promote gender equality within
customary and religious marriages.
·
Concerns were raised that the Bill contained weak
enforcement mechanisms as there were only broad range plans prescribed for
implementation but no guidance as to how this should be done or how compliance
hereto will be monitored.
·
The powers of the Minister in the current draft of
the Bill are limited to discretionary views of reports and dispute resolutions.
5.4 Infringement of rights
·
Most religious organisations observed that the Bill
is interfering with the religious teachings and rights to freedom of religion,
belief and opinion as outlined in the Constitution.
·
A concern was also raised that the Bill encroaches
on the Constitutional right to freedom of association with respect to
legislating for 50/50 for political parties.
5.5 Timeframes
·
Some organisations commended timeframes for
submitting plans but observed that there is no timeframe by which various
objectives and targets must be achieved.
5.6 Costing of Bill
·
The Bill is subject to progressive realisation but
it was unclear as to how this will be implemented incrementally as this is not
clearly outlined in the Bill.
·
The Bill does not refer to strategies for the
commitment of necessary resources. Furthermore, the cost of implementing the
Bill was not limited to only the Department of Women, Children and People with
Disabilities but to Departments that would need to appoint Gender Focal Points
and or ensure that the position was at the appropriate level.
5.7 Capacity by Department to Deliver
·
Concerns were raised by organisations as to whether
the Department of Women, Children and People with Disabilities had the requisite
capacity, skills and resources to give effect to the Bill.
6. Summary of recommendations
proposed by submissions
6.1
Audit of laws and policies
·
Conduct audit on existing
legislation to identify gaps, why laws are not being implemented and what is
required.
6.2
Avoid duplication
·
Strengthening existing legislation
through amendments of existing laws e.g. Employment Equity Act. There is a need
to harmonise existing laws, policies and plans in order to achieve a unified
commitment to gender equality.
·
Incorporate monitoring and
evaluation of gender mainstreaming into the Department of Performance
Monitoring and Evaluation.
6.3
Consultation
·
The Bill needs to be consulted on
more broadly.
·
Consult on changes required in
order to strengthen the National Gender Machinery (NGM) or create a council
similar to Nedlac with specific focus on gender.
6.4
Costing
·
Rework the costing of the Bill.
·
Enforcement measures for gender
mainstreaming and gender equality targets require adequate resourcing.
·
Funds for gender mainstreaming
should be ring-fenced.
6.5
Data collection
·
The data collection of women in
various sectors needs to be streamlined.
6.6
Definitions
·
The criteria for the designation
and public and private designated bodies should be made more explicit. Religious
establishments/bodies should be exempt insofar as the 50/50 target is
concerned.
·
The following definitions required
amendments namely; gender, gender discrimination, gender-based violence, women
empowerment, public and private bodies. Sexual orientation must be factored
into a broader definition for gender.
6.7
Gender Focal Points
·
Strengthen Gender Focal Points by
ensuring that the positions are at a decision making level.
6.8
Partnerships
·
There is a need for stronger
partnerships with the private sector to promote and attain gender equality.
6.9
Programme
·
Education and training programmes
must include more of a focus on boys and men in dealing with gender
discrimination.
6.10
Research
·
The Department of Women, Children
and People with Disabilities should embark on research in order to ascertain to
best to support business.
6.11
Strengthening compliance
·
Strategies and frameworks must
take into account intersectional discrimination.
·
Reporting required not only to the Minister but all
relevant parliamentary committees and the committees in provincial legislatures
to be done at regular intervals.
·
Designated bodies must be required to report on the
implementation of the obligations and strategies within annual reports in order
for Parliament to scrutinise.
·
Guidance in terms of training by Departments must
be linked to accountability systems.
·
The enforcement and oversight powers relating
to the Bill should be located in the Presidents Office.
·
The dispute resolutions should be made more
explicit.
6.12
Time frames
·
Where relevant, time frames should
be made more explicit in the Bill.
6.13
Quotas
·
50/50 should not be applied to all
private
bodies
e.g. religious establishments,
political parties.
6.14
Land Reform
The group of women from KZN
indicated within their submission that the Bill must be specific that women
should have access to 50% state owned land and communal land and that women
must also access funds to acquire and till the land.
Clause 9 (6
)(
a)
should be amended to include a focus on womens access to natural resources
particularly land.
Clause 10 to be amended to provide
for the establishment of the Womens Fund or Womens Bank.
7. Departments Responses
The
Department responded to all the submissions. Refer to Appendix 1 for a table of
the responses.
8. Conclusion
The Portfolio Committee on Women, Children and Persons with Disabilities
acknowledges the advancements made in the country with respect to the rights of
women, gender and people with disabilities. Notwithstanding this, the public
hearings on the WEGE Bill revealed major challenges with gender inequality in
South Africa. To this end, Parliament as a duty-bearer of the rights of women has
a crucial role to play in terms of oversight in this regard.
In finalising
the Bill, the Committee received responses from the Department of Women,
Children and People with Disabilities on submissions received from the public
and continued with its deliberation until it finalised the Bill and referred it
to the National Council of Provinces. This report will also be tabled. The
report is envisaged to note the key observations and recommendations for what
the Committee suggests as a way forward.
9. Recommendations by the
Committee
Having
considered the outcomes of the public hearings and the engagement with various Departments
and entities, the Committee has prioritised the following key recommendations:
·
The Committee considers the recommendations as
proposed by various submissions.
·
Timeframes by which various objectives must be
achieved be included in the Bill.
·
The Department of Women, Children and People with
Disabilities should cost the implementation of the Bill given the proposed
amendments and the implementation costs for all other relevant Departments.
·
The Department of Women, Children and People with
Disabilities should provide the Committee with a detailed plan with time frames
of how it intends to prioritise and develop Regulations.
Report
to be considered.
Appendix 1: Departments
Responses
SUBMISSIONS/RECOMMENDATIONS
BY CLAUSE
Clause number
|
Clause title
|
Submissions received
|
Reasons/comments
|
Decision by DWCPD:
Proposal accepted Y/N
|
Reasons
|
|
Preamble
|
No inputs received
|
|
|
|
1
|
Definitions
|
CGE/Triangle Project/
International Liaison and Dialogue Research/SWEAT:
Definition
list must be extended to embrace LGBTI individuals
|
|
Yes
|
Definition of GBV to be amended to include acts of violence committed
against LGBTI due to actual or perceived sexual orientation or gender
identity.
|
|
|
CGE:
recommends a
broader definition of what constitute empowerment
|
Referring to Section 9(2) will lead to a narrow application of
empowerment
|
No
|
The Bill focuses on women empowerment.
The Department does not object to a revised definition of women
empowerment.
There is no need for a
definition just on empowerment
|
|
|
Sonke
Gender Justice (
Sonke
)/
The Southern African Liaison Office:
Definition of GBV should
be extended to include acts of violence committed against LGBTI as they
constitute a group of people disadvantaged by unfair discrimination
historically and currently due to actual or perceived sexual
orientation/gender identity
|
Definition excludes violence against LGBTI.
Violence committed to LGBTI amount GBV as
it is committed on the bases that the targeted person does not conform to
socially and cultural gender norms.
|
Yes
|
The Department does not object to the inclusion of LGBTI in the
definition
|
|
|
Sonke
:
Gender discrimination definition should be
revised and must include LGBTI who are subjected to discrimination
|
As stated above, discrimination against LGBTI amounts to gender
discrimination as the targeted
persons
failure to conform
to socially and culturally accepted gender norms.
|
Yes
|
Definition may be amended to include sexual orientation and gender
identity
|
|
|
Sonke
/Business Engage:
-
Gender equality be amended to explicitly state
that women and girls constitute a group of people disadvantaged by unfair
discrimination and that gender equality is sought to provide women and girls
with equality in terms of rights and access which they continue to be denied
-
Applied to gender non-confirming persons to
afford equal rights and access to gender confirming persons
-
Include the LGBTIs
|
The definition of gender equality is generally accepted but is also a
gender neutral definition of the term.
|
No
Yes
|
The current definition is already aligned to that of SADC Protocol
The definition may be amended to include words despite their sexual
orientation and gender identity
|
|
|
Sonke
: Gender
mainstreaming the definition should be extended to ensure that women and
girls needs must be prioritised through gender mainstreaming
|
The definition of gender mainstreaming is gender
neutral,
it omits to recognise women, girls and a group of people disadvantaged by
unfair discrimination.
This proposed
extension will bring the Bill in line with Section 9(2) of the Constitution
|
No
|
The current definition is aligned to the SADC Protocol
|
|
|
Sonke
/ Retailers Association
: substantive
gender equality should be amended to include reference to equality in terms
of outcomes to accord it with the definition of substantive equality.
|
This is currently not in alignment with the definition of substantive
equality, in that it does not speak to equality in terms of outcomes.
Generally substantive equality is refers to equality on substance
rather than in form
|
|
The Department is of the belief that in fact includes the outcomes
and it also includes substance, so it will still consider extending the
definition
The Department will further include LGBTI in the definition of gender
equality
|
|
|
Sonke
:
Women empowerment this should be
amended by including the definition of substantive equality this will align
the Bill with the Constitution
|
The definition needs to be qualified in the context of the
Constitution and the Bill
|
|
The Department will consider extending the definition to cover
substantive equality
|
|
|
POWA/ The Southern
African Liaison Office
/
Community
Law Centre (UWC):
gender the current definition is limited, it fails to
include LGBTI
|
|
No
|
LGBTI do not confirm to roles ascribed socially
|
|
|
Centre for Applied Legal
Studies (CALS):
women empowerment use the UNFPA definition
which reads as follows women empowerment has five components: womens sense
of self-worth; their right to have and to determine choices; their right to
have access to opportunities and resources; their right to have the power to
control their lives both within and outside the home; and ability to
influence the direction of social change to create a more just social
economic order, nationally and internationally
|
While noting that the Bill refers to the Constitution Section 9(2),
the term must be clearly defined in a manner that articulates the Ministrys
understanding of Womens Empowerment and the ways in which the proposed
positive measures will meet the needs of women; address inequality and remedy
historically definition
|
Yes
|
The department supports the recommendation to be incorporated in the
current definition
|
|
|
CALS:
insert a new
definition of discrimination against women to be defined according to
Article 1 of CEDAW the terms shall mean any distinction, exclusion or
discrimination made on the bases of sex which has the effect or purpose of
impairing or nullifying the recognition, enjoyment or exercise by women,
irrespective of their marital status, on the bases of equality of men and
women, human rights and fundamental freedom in the political, economic,
social, cultural, civil or any other activity.
|
CALS urges to consider including a clear definition of discrimination
|
No
|
Not used in the body
|
|
|
CALS:
Substantive equality we propose that a broader definition be included
|
To be alligned to Section 9(2) of the
Constitution
|
Yes
|
The definition may be extended to cover the outcomes
|
|
|
CALS:
Additional designated bodies provide the definition or criterion to
be used when designation of a public and private body is made
|
|
No
|
However, the Department will consider providing the criterion under
Application of the Bill.
New section:
2 (4) to be introduced to cover the criteria for designation.
|
|
|
CALS:
Add new term intersectional and multiple form form of discrimination
|
|
No
|
Not used in the body of the Bill
|
|
|
CALS:
add new term
Meaningful
participation of women
|
|
Yes
|
The Department will provide a definition
|
|
|
Justice Alliance of SA:
private body
churches that do not carry on trade should be excluded
as they dont fall under sub (a) and (b)
some may fall on (c)
|
|
Yes
|
The Department does not object to exclusion of churches and charitable
organisations in the definition.
The
Department suggests the inclusion of public benefit organization as defined
in the Income Tax Act, 1962 (Act 58 of 1962)
|
|
|
FOR SA:
private body
should exclude churches and charitable organisations
|
|
Yes
|
Definition to be revised to exclude churches and charitable
organisations
|
|
|
BWA:
Definition of
discrimination must be deleted
|
The Bill refers to the definition in PEPUDA, it is better not to use
separate definition by rely on Constitutional definition of discrimination
|
No
|
The definition of discrimination in PEPUDA is broad enough and aligned
to Section 9 of the Constitution
|
|
|
Legal Resource Centre
(LRC)/
BWA:
Substantive gender equality this
definition must be deleted or amended
|
The definition does not cover what is
generally regarded as substantive gender equality
|
Yes
|
The Department will consider revising the current definition
|
|
|
Tshwaranang
:
many of the definitions in the Bill are
weak, unclear and seem contrary to the promotion of women empowerment, these
include terms like gender equality and gender mainstreaming
|
|
|
The definition on gender mainstreaming is aligned to SADC
protocol.
The definition of gender
equality will be amended
|
|
|
POWA:
Women
empowerment should also include the advancement of women by other
legislation, international and regional treaties
|
|
No
|
The Department will align definition to the UNFPA as it is generally
accepted
|
|
|
LRC:
Gender
definition is not aligned to the one provided in the constitution and the
Bill excludes LGBTI
|
|
Yes
|
The definition may be reviewed to include LGBTI as above
|
|
|
Vodacom:
define
designated private body and designated public body
|
|
Yes
|
The department proposes that the definition to read designated private
body and designated public body refers to public and private bodies
designated in terms of clause 2(2) and (3)
|
|
|
Vodacom:
Define
Decision Making Structure
|
|
Yes
|
The Department suggests to revise the definition to include in text
decision making position and structure
in order to cover both formal and informal
|
|
|
Centre for Constitutional
Rights:
gender equality must be revised
|
definition contradicts clauses 3(e) and 4(1)(c)
|
No
|
There is no contradiction as the term progressive realisation is referred
to in the Constitution.
The Department
is of the opinion that it will be unrealistic to expect designated bodies to
meet 50% representation immediately.
|
|
|
Centre for Constitutional Rights:
Definition of gender equality appear to conflate womens empowerment
with gender equality and has a different meaning to that in PEPUDA
|
|
No
|
Definition is aligned to the SADC protocol
|
|
|
Retailers Association:
definition of
discrimination is not provided and should be and be aligned to that of the
Constitution
|
|
No
|
Definition is provided, refer to Section 1 page 9
|
|
|
Retailers Association
: Gender
mainstreaming definition must be adjusted to cover gender issues rather than
other broader concerns that although legitimate but beyond objectives of the
Bill and what is generally regarded as forming part of the Bill.
|
|
No
|
Aligned to SADC protocol
|
|
|
Centre for Law and
Society:
supports clause 1 and states that it remains an important and
admirable goal
|
|
Noted
|
|
|
|
WARD:
Supports this
clause
|
|
Noted
|
|
2
|
Application of the Bill
|
Centre for constitutional
Rights;
CALS; BUSA:
provide
criteria/guidelines to be used by Minister to designate private and public
body
|
|
Yes
|
The department proposed that a criteria be provided as a new clause 2
(4) and will be aligned to the thresholds outlined in the
Employment Equity Act however may include
local government and SA Defence Force who are excluded in the referred Act
|
|
|
CGE:
Bill
duplicates some functions assigned to CGE in terms of the CGE Act
|
|
No
|
The Ministry and the CGE have different roles and
responsibilities.
The mandate of the Minister is womens empowerment which is a means to
gender equality. The Ministry also facilitates the implementation of gender
mainstreaming in the public and private sector. The Minister further develops
guidelines and codes of good practices.
The Ministry conducts research, monitor and evaluate to develop policy
as instructed by the President.
The
Ministry sets women empowerment and gender equality on the agenda of Cabinet.
The minister is a member of Parliament, votes and places women empowerment on
the agenda of parliament.
The Constitutional Mandate of the CGE is to promote the respect for
gender equality and protect and develop the attainment of gender equality.
The CGE Act further affirms the independence of the CGE and requires it to
monitor and evaluate practices of organs of state, at any level, statutory
bodies or functionaries, public bodies and private business, enterprises and
authorities in order to promote gender equality. The Constitution states that
the CGE is accountable to the National Assembly. Section 15(2) of the CGE Act
requires the CGE to report annually to the President.
Parliament has in its
possession a National assembly report by the Ad hoc Committee on the Review
of chapter 9 and Associated Institutions, 31 July 2007. See also attached a
document CGE Memorandum on the Legal Mandates of the CGE and the Ministry of
Women, Children and People with Disabilities (Annexure 2) developed by CGE
that clarifies separation of roles between the CGE and the Ministry.
|
|
|
Sonke
:
The EEA and PEPUDA covers what the Bill is
addressing.
The Bill duplicates the
powers of the Minister of Labour and of Justice
|
|
No
|
The Bill elevates women in these Acts as a priority for the relevant
Departments.
The Department is not an
implementing body so the honours will be for those departments to implement empowerment
and equality matters.
Chapter 5 of
PEPUDA is not yet promulgated so there is no duplication.
|
|
|
Sonke
:
Clause 2(2)
Should mandate proper costing and budgeting for women
empowerment and gender mainstreaming of designated bodies
|
Concerned about the use of the term progressive realisation.
This means that provision of right will be
linked to availability of resources.
|
Yes
|
The plans contemplated in clauses 4, 5, 6, 7, 8, 9 and 11 and 12 will
incorporate budgets for women empowerments and gender mainstreaming
|
|
|
JASA:
The Bill must
provide proper and adequate guidelines on how to designate public and private
bodies.
|
Clauses 2(2) and 2(3) do not provide the guidelines as to the exercise
of this discretion
|
|
The Department will consider providing the criteria for designation
|
|
|
Cause for Justice:
it imposes
burdensome obligations on designated public and private bodies.
Bodies should be allowed to opt out or
dispute their designation based on their existing policies, measures and
statistics regarding the promotion of women in their organisations.
|
|
No
|
Legislation cannot be influenced by policies of public and private
bodies
|
|
|
Business Engage; FOR SA;
Joshua Generation Church; The Anglican Catholic Church; Crystal Park Baptist
Church; AGS:
juristic person includes churches, Churches/religious organisations
and charitable should be
excluded in
the application of the Bill
|
|
Yes
|
The Department is proposing amendment of the definition of private
body to exclude churches, charitable organisations and religious
organisations to be aligned to the Income Tax
Act .
|
|
|
Cause for
Justice/Vodacom/
BWA:
There is no clarity with the organisations that would have to comply with the
provisions of this Bill.
|
The application of the Act is out of sync with the provisions of the
Constitution which provides that Action by the State must be lawful,
reasonable and procedurally fair.
|
No
|
Criteria of designation will be provided
|
|
|
Women in Agriculture
& Rural Development (WARD):
Support the clause in its current form
|
|
Noted
|
|
|
|
CGE
:
The Minister
is accorded unlimited discretion to designate any public or private entity
subject to her jurisdiction. Such a provision is overbroad, therefore the
Bill fails the test of legality and certain sections fall to be
unconstitutional.
|
|
No
|
The Department proposes that a new subsection be included as 2 (4) to
cover the criteria Minister will use when designating.
The Department has further proposed
exclusion of certain private bodies.
There will
thus be no unlimited
discretion accorded to the Minister
|
|
|
BUSA:
The word may
in sub clauses (2) and (3) should be replaced with must
|
|
Yes
|
The Department proposes that the word be substituted as per
recommendation
|
|
|
WARD:
Supports this
clause
|
|
Noted
|
|
|
|
|
|
|
|
3
|
Objectives of the Bill
|
WARD:
Support the
clause in its current form
|
|
Noted
|
|
|
|
Cause for Justice:
Provide the
public with relevant statistics that proves the need for the Bill
|
|
Yes
|
See the Statistics SA report Number 03-19-00:
Social Profile of Vulnerable
Groups in South Africa, 2002 2010
released December 2011 which
proves that women need an intervention to ensure that they benefit from all
laws and programmes on development and empowerment, the report is attached as
annexure 3
|
|
|
Vodacom:
Support the
objectives of the Bill, but suggests that it would be more beneficial to
address root-causes of under-empowerment such as poor education, unwanted
teenage pregnancy and domestic violence.
The WEGE Bill is not congruent with sections 42 and 63 of the EEA
because they provide for a different representivity requirement
|
|
No
|
The Bill seeks to address Protective Discrimination legislation that
prevented women from participating in some sectors
|
|
|
Business Engage:
clause is
misleading as designated bodies may not have obligations in terms of the
countrys commitments to international agreements.
|
|
Yes
|
Will consider to exclude private bodies from international agreements
wherein these have not been domesticated
|
|
|
Centre for Constitutional
Right
: notion of a minimum 50% representation and meaningful participation
of women in decision making structures is problematic and anomalous for two
reasons: Section 3(e), 4.1 (c); 9.1 and 10.1 imply that the Bill essentially
seeks to achieve more than 50% representation
The Constitution seeks achievement of substantial equality, the
opportunity and means to be equal within an environment not precise
demographic representation.
There is
thus no Constitutional ground for demographic representation in any area other
than in a balanced manner in the public administration and composition of the
judiciary.
|
|
No
|
The Constitution does not define measures in Section 9(2) but these
measures should not be limited to public administration and composition of
judiciary but extend beyond these.
|
|
|
BUSA;
The Objectives of the WEGE Bill are unrealistic. The Bill imposes
further regulatory provisions that will deter investors and compromise
economic growth.
|
|
No
|
The Bill seeks to attain gender equality through empowering women
|
|
|
POWA:
Protocol to
the African Charter on Human and Peoples Right on the Rights of Women in
Africa must be included in the objectives
|
|
Yes
|
The protocol will be included
|
|
|
Centre for Law and
Society:
supports clause 3 and states that it remains an important and
admirable goal, however the
Minister
has no powers to enforce compliance
Clause 3(d) must provide that the plans to be submitted by the
designated public and private bodies must be consulted with women to
incorporate womens needs
|
Women need a
justiciable
mechanism through
which the Ministry can intervene and compel compliance where women complain
about their experiences of public or private bodies disregard for gender
equality
The Bill in its current form envisions the equality and women empowerment
plans emanating from the top levels and implemented downwards, without
consideration for the actual needs of women on the ground
|
Yes
No
|
No objection, the Department suggests amendment of enforcement clause
This is covered by clause 8 (3) which state that the policies, plans,
programmes must be approved by the GFP in the case of public body and by the
Accounting Officer in the case of Private Body
|
|
|
CALS:
Urges the
Ministry to engage with the South African Law Reform Commission (SALRC) with
a view to assessing the need for a legislative audit which would ultimately
inform the objectives and contents of the WEGE Bill.
|
In the introduction of CALS submission, it acknowledges and commends
the efforts of government and in particular the Ministry of Women, Children
and People with Disabilities. It notes under the objectives, various items
of legislation relevant to issues addressed in the Bill.
|
No
|
The existing national and international research report show poor
implementation of legislation.
The
Bills objectives are informed by research report.
|
|
|
SWEAT SISONKE:
The
objectives must include sex workers
|
The objectives exclude sex workers. The Bill creates a
dichotonomy
between women employed in the formal sector
and those in the informal sector e.g. sex workers, domestic workers, farm
workers whose work is not fully protected by the constitution
The Sexual Offences Act 32 of 2007 criminalises sex work and the Bill
systematically excludes sex work from governments attempt at womens
empowerment and gender equality.
Clause 3(e) is specifically tailored to benefit women who are already
employed within the formal sector both in public and private sector
|
No
Yes
|
The DOJCD is in the process of developing legislation on prostitution
and has already published a discussion paper (SALR Project 107, Adult
Prostitution).
Inclusion of this will
constitute duplication.
Additional text to cover other structures (including community
structures) including boards that take
decisions .
|
|
|
Community Law Centre
(UWC):
Objective 3(g) is weak; it does not directly articulate the necessity
to address the widely held notions of womens inferiority or to correct
patriarchal prejudices and perceptions.
|
The Bill or other strategies of the Ministry articulate more strongly
that patriarchal values and systems are a driver of womens inequality,
disempowerment and exclusion; articulate that patriarchal norms continue to
vex the implementation of existing laws, policies and programmes that could
make meaningful differences in the lives of women, girls and gather gender
non-conforming people.
Ministry develop a
costed
strategy and
provide guidance to other relevant government departments across spheres to
develop their own strategies to challenge patriarchy within these spheres and
across society.
|
Yes
|
The Department recommends text that will include a new clause that
prohibits practices that discriminates on the ground of gender
|
|
|
BWA:
In order to
achieve its objectives, the Bill should focus on the core areas of concern
where other laws do not currently provide for sufficient rights and measures
to address women empowerment and gender equality.
|
|
|
|
|
|
JD Group, Group Legal and
Compliance
: Clause 3(e) is open ended in that it provides for ... progressive
realisation of a minimum of 50% representation ...without clarity as to what
progressive means, whether in times of time frames or otherwise.
|
|
No
|
Due to difference in sectors, the time frames will be included in the
Notice for designation
|
|
|
Tshwaranang
:
The Bill makes reference to a broad scope
of legislation which will need to be aligned. However, how this will happen
is missing
|
|
|
|
|
|
Retail Association:
The objectives
are generally supported, but concern is raised that the objectives referred
to in paragraphs (b), (d), (e) and (f) apply to undefined designated bodies.
It undermines certainty and the objectives of the Act.
|
|
|
|
|
|
Business Engage:
Designated
private bodies do not have any obligations in terms of the international
instruments
|
|
|
|
|
|
Business Engage:
With regard to
the submission of plans, it is not clear what consideration, evaluation and
guidance means
It is not clear also how long after the submission of plans would the
Minister consider, evaluate and guide.
|
|
|
|
|
|
WARD:
Supports this
clause, however, the objective should include the requirement that when the
public body builds roads or erect taps in rural areas, they must consult
with communities, especially women on where the road should cross and where
the tap should be erected
|
|
|
|
|
|
|
|
|
|
4.
|
Education and Training
|
Community Law Centre
(UWC):
The section fails to achieve what it could
|
The clause must be amended to include a sub-clause requiring
evidence-based communication and education strategies across government
departments, including the public broadcaster. These strategies must
challenge entrenched beliefs of womens inferior status.
|
Yes
|
However the recommendation is that this be incorporated under clause
on public education
|
|
|
BUSA:
The Bill fails
to state how the plans and measures will be considered to have complied with
the provisions of the applicable legislation and international instruments
The Minister must be obliged to establish standard plans and measures
that the bodies must comply with
The Bill gives private bodies far reaching social mandate
The Bill fails to clarify which women are being referred to in this
instance, which leaves the public and private bodies confused as to whether
it refers to employed women or women in general including those unemployed
Section 4(1
)(
c) will prove to be a challenge
to implement and enforce because traditionally women have not been attracted
by professions that are labour intensive.
|
|
Yes
Yes
|
The proposal will be considered
The Bill refers to women in all walks of life
|
|
|
POWA:
LGBTI people
should be included and protected from dropping out as a result of pressure
and stigma
|
|
Yes
|
It is proposed that clause 4 (1) (e) be amended to include a sentence
to end with women including the LGBTI
|
|
|
Voice Movement Therapy
Eastern Cape:
This section is designed for the elite group.
Home Based Care Givers must be trained.
|
|
No
|
It is not designed for the elite.
The Department recommends the amendment of clause 4(1) to read as
follows: designated public bodies and
designated
private
bodies must within their
ambit of responsibility develop and implement plans and measures in
compliance with applicable legislation to...
Home Based Care Givers will dully fall under Department of Social
Development and of Health
|
|
|
Retail Association:
The
obligations under this section are unclear and require definition.
|
|
No
|
Refer to the above recommendation on clause 4(1)
|
|
|
Nozibusiso
Khambule
:
Expose rural
women to be able to participate in the education of their children, establish
exchange programmes with urban areas.
|
|
|
The Department will consider this
|
|
|
Cause for Justice:
delete
...address the pervasive discriminatory patriarchal attitudes and lingering
effects of apartheid faced by women in the education system...
|
|
No
|
Women still experience the effects of apartheid and patriarchy despite
democratic dispensation.
|
|
|
Sonke
:
Include education and training of men and
boys to shift their gender inequality conduct and attitudes, the curriculum
should include the importance of womens human rights and the history and
context of unfair discrimination against women.
Implement multi-faceted inter-departmental efforts to prevent violence
against women and girls.
|
|
Yes
|
The Department does not object
|
|
|
Vodacom:
remove this
obligation from the private bodies
|
|
No
|
The Department proposes amendment to clause 4(1) to read as follows:
designated public bodies and
designated
private
bodies must within their
ambit of responsibility develop and implement plans and measures in
compliance with applicable legislation to...
|
|
|
Business Engage:
The Companies
Act does not mention training and education
|
|
No
|
May be required to be amendment
|
|
|
WARD:
Supports this
clause because it provides that women should be trained and empowered to take
up decision making positions in formal and informal sectors, it will also
provide an opportunity for training women with disabilities who did not get
an opportunity to go to school
|
|
Noted
|
|
|
|
BWA:
The Bill
contradicts the Constitutional right in section 29 (1) which provided for an
absolute right to basic education in that the WEGE Bill provides for
progressive realisation of rights
The Bill creates onerous obligations to the private designated bodies
|
|
|
Section 29 (1) (b) talks to progressive realisation of rights with
regards to further education
It is not onerous if the recommendation is in the ambit of their
responsibility this is what the Bill contemplates.
|
|
|
|
|
|
|
5.
|
Access to health case,
including reproductive health.
|
Community Law Centre
(UWC):
The Bill takes a cautious approach in various clauses making reference
to concepts such as within available resources clauses 5(1) and 10(3) and
progressive realisation clause 12(1). This approach fails to underscore the
importance that should be placed on promoting changes in the lives of more
than 50% of our population. It also perpetuates one of key issues that
has
hampered the implementation of existing law and
policy.
|
Remove words such as within available resources and progressive
realisation of
|
No
|
Requiring public designated bodies and private bodies to attain this
requirement immediately will be unrealistic
|
|
|
BUSA:
Access to
health care and reproductive health remains the responsibility of the public
body
|
Recommends that the private body be excluded from this responsibility
|
No
|
The department proposes amendment to clause 4(1) read as follows:
designated public bodies and
designated
private
bodies must within their
ambit of responsibility develop and implement plans and measures in
compliance with applicable legislation to...
|
|
|
Voice Movement Therapy
Eastern Cape:
Mobile health facilities are strongly needed.
|
|
Yes
|
The Department has no objection
|
|
|
BWA:
Section 27
(2) of the Bill of rights in the Constitution requires the state to take
reasonable legislative
measures within
the states resources to achieve progressive realisation of health care,
food, water and social security
|
The WEGE Bill undermines the Constitution in this regard as the
current measures in addition to be vague, hold the potential to create very
unreasonable and onerous obligations to designated bodies
|
No
|
See clause 5, there is no contradiction as the Bill requires
designated bodies to provide these according to their available resources
|
|
|
Retail Association:
No guidelines
for submission of plans and the Bill does not refer to resources for the
evaluation of plans
Clarify the international instruments referred to.
|
|
Yes
|
During the notice of designation will provide this
|
|
|
Nozibusiso
Khambule
:
Empower and
inform women in rural areas about health issues and the consequences of not
using health facilities and their resources, most blame witchcraft due to
lack of health empowerment.
|
|
Yes
|
The department has no objection
|
|
|
Cause for Justice:
DWCPD provide
research facts indicating that women have less access to health care than
other groupings in South Africa.
Define reproductive health
|
Clause 5 should be redrafted to provide protection for bodies rights
to freedom of conscience, religion, thought, belief and opinion and the right
to freedom of association.
|
Yes
|
See attached Report prepared by DWCPD on Gender Statistics on Service
Delivery as Annexure 4
|
|
|
Sonke
:
Section 5 should be amended to:
·
Mandate the Minister to publish a fully
costed
and budgeted womens health policy in the
Government Gazette within a year from the passing of the Bill into law which
includes directives for healthcare service providers on service delivery and
provides guidance for the development of healthcare models and accompanying
implementation plans
·
Mandate Minister to conduct a thorough
consultative process with healthcare professionals, public health specialists
and NGOs providing services to and advocating for womens rights to
healthcare to inform the womens health policy
·
Mandate public and private bodies to develop
models and implementations to increase mens utilization of and access to
healthcare services, include directives in this regard
|
|
Yes
NO
No
|
The department has no objection
No need to conduct this through legislation
No need to conduct this through legislation
|
|
|
WARD:
Supports this
clause because it will address the challenges women in rural areas face in terms
of access to health and reproductive health, these include:
·
Clinics that a very far from the communities;
·
Lack of transport; women end up giving birth in
the street while travelling to the clinics
This section will facilitate the return of among others, the:
·
Midwifery system
·
Family planning clinics,
|
|
Noted
|
|
|
|
|
|
|
|
6.
|
Public education on
Prohibited practices, including gender based violence
|
Community Law Centre
(UWC):
This clause is weak, it does not directly articulate the necessity to
address widely held notions of womens inferiority or to correct patriarchal
prejudices and perceptions
|
|
No
|
See recommendation on training of prohibited practices
|
|
|
CGE:
Does not
support this clause
|
|
Noted
|
|
|
|
BUSA
: It is a
momentous task for business
|
Government, especially the Department should have programmes that
drive this kind of education as it falls squarely within its mandate
Replace may with
mustunder
clause 6(2)
|
Yes
|
The Department has proposed revision on this clause to add text as
follows: designated public bodies and
designated
private
bodies must within their
ambit of responsibility develop and implement training plans and measures in
compliance with applicable legislation to...
|
|
|
POWA:
Commends the
Bill for including this section, but it fails to take into account the
existing challenges with regards to the implementation of gender based
violence (GBV) related legislation such as the Domestic Violence Act, 1998
and the Criminal Law (Sexual Offences) Amendment Act, 2007, which includes
but not limited to negative attitudes within the criminal justice system
which often discourages survivors of GBV from further reporting.
The Bill does not take into account challenges relating to the LGBTI
people more importantly acknowledge the killing of lesbian women as a serious
violation of this provision.
|
|
Noted
|
The issue of LGBTI is already addressed under definition
|
|
|
Retail Association:
No guidelines
for submission of plans and the Bill does not refer to resources for the
evaluation of plans
Clarify the international instruments referred to.
|
|
Noted
|
|
|
|
Sonke
:
Include education and training of men and
boys to shift their gender inequality conduct and attitudes, the curriculum
should include the importance of womens human rights and the history and
context of unfair discrimination against women.
Implement multi-faceted inter-departmental efforts to prevent violence
against women and girls.
|
|
Noted
|
NO objection
|
|
|
WARD:
Supports this
clause because public education will empower women to make informed decisions
information is power
|
|
Noted
|
|
7.
|
Equal Representation and
Participation
|
Community Law Centre
(UWC):
Duplicates existing laws
|
The Bill must not duplicate existing legislation, it must address the
failures of implementation
|
No
|
Bill does not seek to duplicate existing legislation
|
|
|
CALS:
Clause 7 does
not necessarily address the persistent inequality between
men and women, the economic and social
privilege that certain groups of women enjoy as a direct result of apartheid
policies and will not benefit women who are unemployed and working in the
informal sector.
|
|
Yes
|
The department has no objection in incorporating race, gender and
other disadvantaging factors
|
|
|
Centre for Law and
Society:
The formal requirement for 50% representation of women and equal
access to opportunities within public and private bodies appears to be
advancing the position of
women,
however they do not
guarantee that women will enjoy equal outcomes.
Formal equality requirements are particularly dangerous when coupled
with weak enforcement mechanisms, as is the case in this Bill.
|
|
Noted
|
|
|
|
CGE:
The Bill
addresses challenges faced by a small percentage of women in South Africa,
namely, those that are in employment or participating in public life and as a
result speaks to a limited set of difficulties they continue to experience.
It does not address the challenge to empowerment and equality
experienced by the majority of South African women, namely those unemployed,
located in rural areas or vulnerable sectors of the economy.
|
|
Yes
|
The department recommends amendment to include decision making
position, structures (including community) and board
|
|
|
CGE:
No timeframe is set for implementation of
the plans and measures
|
|
NO
|
The time frames will be according to the notice of designation for
that particular sector.
It will be
impractical to have similar timeframe for all sectors
|
|
|
BWA:
Progressive
realisation of substantive equality is supported
The establishment of numeric targets does not reflect the provisions
of the constitution in Section 9(3) which provide that the State may not
unfairly discriminate against any person on a number of grounds, including
sex and gender.
This section also appears to contradict the EEA and the BBBEEA which
strives for demographic representation, both regionally and nationally
relative to the economically active population
|
|
Noted
|
Section 9(2) in the Bill of Rights of the Constitution provides:
equality includes the full and equal enjoyment of all rights and
freedoms.
To promote the achievement
of equality, legislative and other measures designed to protect or advance persons,
or categories of persons disadvantaged by unfair discrimination may be taken
The Bill does not seek to duplicate these Acts but elevate to elevate
And provides for the targets of all legislation and should be aligned in
terms of the SADC Protocol on gender and development.
|
|
|
POWA:
Commends the
Bill for including this section and its inclusion of the definition of
discrimination which is in line with the CEDAW definition.
Concern is that the obligations to progressively realise the minimum
of 50% are similar to those provided for in the EEA. It is not clear how the
Bill seeks to overcome the existing challenges relating to the submission of
the Employment Equity plans which include the representation of women with
designated plans.
Support the Bill however it needs to define meaningful participation
to provide guidance on the
very
designated
stakeholders in developing their plans and promoting gender equality.
|
Recommends a thorough analysis of existing legislation be conducted in
this regard to avoid duplication thereby taking into account of challenges
with these. Laws
This will deepen substantive equality vision.
|
Noted
No
Yes
|
Many government and civil society institutions have conducted analysis
on the implementation of the existing laws on women empowerment, gender based
violence, health, education, land and housing, access to fair labour, alcohol
consumption and HIV, unpaid work and other areas. For example, the following
website among others, have many research reports on these topics, therefore
it is critical to start implementing rather than duplicating research that
has already been conducted:
3.
http://www.mrc.ac.za/gender.reports.h
4.
http://www.csvr.org.za/index.php/publications.html
5.
http://www.genderlinks.org.za
6.
http://www.hsrc.ac.za/en/research-outputs
The EEA does not address progressive realisation
No objection
|
|
|
Gun Free South Africa
(GFSA):
Welcomes this section and
recommends that the two public bodies/ key positions responsible for firearms
control are specifically identified, namely the Firearms Appeal Board and the
Designated Firearms Officers
|
|
No
|
Bill is not the right tool to legislate this
|
|
|
Voice Movement Therapy
Eastern Cape:
This section in its current for serves the interest of the upper
class.
Other measures must be incorporated that would be helpful even to the
poor of the poorest
|
|
Noted
|
|
|
|
Retail Association:
Progressive realisation
is supported
The target for a minimum of 50% representation is discriminatory and
unconstitutional
The provision to submit plans lacks structure, detail and content.
The obligations are excessive, given the limited ability of the
implementing departments to monitor and enforce such plans.
The provision that despite any other law is irregular as the law
that can supersede other laws is the Constitution. This provision weakens
existing laws which may overlap with this provision
|
|
Noted
No
Noted
Noted
NO
|
Section 9 (2) provides ... for measures designed to protect and
advance persons or categories of persons disadvantaged by unfair
discrimination.
Measures include
quotas
The Department has no objection
The Bill requires other Act to align other the quotas
|
|
|
Cause for Justice:
legislating
substantive equality is to divorce equality from reality and human dignity.
To impose an arbitrary percentage, 50% or any other percentage is to force
choices onto people, thereby preventing them from making their own choices
and consequently infringing on their right to human dignity.
|
|
Noted
|
|
|
|
Sonke
:
Clause 7(1)
raises the Concern about the use of the term progressive
realisation.
This means that provision
of right will be linked to availability of resources.
|
Measures set out to attain 50% representation and participation should
be amended to provide more details as follows:
·
Womens capacity to participate must be built
through the provision of long-term management and governance training
clause 7(1)(a)
·
Communities understanding and attitudes to
acceptance of womens capabilities and participation must be enhanced through
capacity building and training on womens human rights, historical and
contextual training on unfair gender discrimination and training on gender
sensitivity section 7(1)(b)
|
No
|
The
descretion
will be according to the
notice of designation for that particular sector.
It will be impractical to have similar
timeframe for all sectors
|
|
|
Business Engage:
The target foe
laws and policies on women empowerment and gender equality should be based on
a broad representation of society rather than an apparent mandatory minimum
percentage
|
|
Noted
|
Section 9 (2) provides ... for measures designed to protect and
advance persons or categories of persons disadvantaged by unfair
discrimination.
Measures include
quotas
|
|
|
WARD:
Supports this
clause, however, it is recommended that it should include a sub-clause that
mandates all infrastructure development in the rural areas to consult with the
communities, especially women on the building of roads and erection of water
taps.
|
|
|
The department does not object
|
|
|
|
|
|
|
8.
|
Gender Mainstreaming
|
Community Law Centre
(UWC):
The word may in clause 8(2) indicates that it is discretionary
|
|
Yes
|
The department has no objection to changing
|
|
|
CGE:
No time frames
set
|
The assignment of accountability for implementation of gender
mainstreaming must be covered by relevant regulation under the Act in terms
of effective monitoring and evaluation mechanisms.
|
|
The time frames will be according to the notice of designation for
that particular sector.
It will be
impractical to have similar timeframe for all sectors
|
|
|
Wits Institute for Social
and Economic
Research (
WiSER
)
|
The responsibility for monitoring gender mainstreaming should be given
to the DPME which has the capacity to monitor
|
Noted
|
|
|
|
The Southern African
Liaison Office:
Recommends simultaneous mainstreaming of gender
and women with disabilities
|
|
Yes
|
No objection
|
|
|
BWA:
The provisions to support
gender mainstreaming are vague
|
|
Noted
|
|
|
|
Retail Association:
The application
of this section is problematic and unclear
|
|
No
|
Section 8 (6) contemplates publishing of guidelines that will clarify
application of this clause
|
|
|
Cause for Justice:
Clause
8(2)(c)(ii) be specific about the disparities referred to
|
|
Noted
|
|
|
|
Sonke
/Business Engage:
replace the word may
with must.
The Minister should be obliged to develop guidelines within a year of
the passing of the Bill
|
|
Yes
|
No objection
|
|
|
Business Engage:
Why should the
policies, plans, programmes and strategies
be
approved by the Accounting Officer of the private body?
What is the penalty for non-compliance
|
|
NO
|
The Accounting Officer may delegate this responsibility to the person
responsible to womens empowerment
|
|
|
WARD:
Supports this
clause if gender is mainstreamed in all service delivery, women would
benefit from the efforts of transformation
|
|
Noted
|
|
|
|
|
|
|
|
9.
|
Measures to empower women
and eliminate discrimination
|
Community Law Centre
(UWC):
In spite its title
Measures to
empower and eliminate discrimination
it contains no provisions to
challenge or address patriarchal value systems in South Africa.
Will impact on the lives of women in formal employment, it includes
little to address the opportunities and empowerment of women who are
unemployed or working in the informal sector.
Support clause 9(4)(c)(iii) however it should have been the starting
point
|
-
Provide guidelines for implementation of
programmes to challenge patriarchy
-
Establish accessible and effective complaints
mechanisms and other strong strategies to monitor and enforce the
implementation of existing laws
Recommends the institution of a comprehensive audit to evaluate the
gaps in current legislation and policy relating to all areas of womens lives,
such an audit must also identify which failures are the result of poor
implementation.
|
Yes
|
The department does not object to inclusion of women in informal and
provisions to address patriarchy
|
|
|
CGE:
Does not
support the Bill in its current form because there is no checks and balance
provided to protect entities which may be faced with legitimate constraints
such as a shortage of skills and operational requirements.
No certainty is provided for compliance. The situation will be
exploited by entities which will only develop plans and not fulfil their
substantive obligations and then rely on the loophole provided for their
non-compliance.
|
Appropriate check and balance in the form of clear guidelines in the
regulations as provided for in clause 19
CGE recommends that a time frame of three years after promulgation be
inserted for full compliance with this clause
|
Yes
|
Minister may develop guidelines to address checks and balances
It is unrealistic to provide uniform timeframes for all sectors
|
|
|
Retail Association:
This section
sets targets of representation with no relationship to the proportion of
women in the relevant group. It also purports to override other legislation,
this is irregular and creates uncertainty
|
|
Noted
|
|
|
|
Cause for Justice:
Propose that
clause 9(4)(a) be deleted, alternatively be amended to include the words
over which it has full control after the word circumstances
|
|
NO
|
The department object to deletion but does not object to amendment to
include the words over which it has full control
|
|
|
Sonke
:
Under clause 9(9) replace the word may
with must.
|
|
Yes
|
The Department has no objection
|
|
|
Vodacom:
The Bill is
requiring high levels of representation, because the demographics of the
economically active populations are such that there are only 46% active women
|
Propose that the level of representation be according to the
demographics of the economically active populations, 46% active women
|
Noted
|
|
|
|
WARD:
·
We support
clause 9, however there areas that are of interest to WARD which it does
address for example, women empowerment includes consultation if a road is
to be built in an area, currently we see officials coming to tell us that
they are demolishing your house because the planned road will go through your
house
We are not consulted when a communal water tap is
erected, normally it is erected outside the houses
|
|
Yes
|
The department supports inclusion of consultation with women on
decisions to develop infrastructure in their communities.
|
|
|
WARD:
A
key-contributing factor to women's
inability to overcome poverty is lack of access to, and rights in, land.
Discriminatory customary and social practices are largely responsible for
these inequities.
Where women have been allocated land due to the
land reform process, water rights still belong to the former owner therefore
food security is negatively impacted upon.
The Department of Rural Development and Land
Reform land audit report that was presented on the 23th October 2013 reveals
that of the 22,726,252 ha owned by men women only own 5,191,159. This is
actually a quarter of what men own.
Therefore the Bill must be specific that women
should have access to 50% state owned land and communal land
Women must also access funds to acquire
and till the land
we
recommend
that clause 9(6)(a) be expanded or a separate subsection be added that
focuses on womens access to natural resources, especially land.
|
|
Noted
|
No objection
|
|
|
|
|
|
|
10.
|
Economic Empowerment
|
The CGE does not support the Bill in its current form because of an
absence of proper benchmarking and an inability to define womens economic
empowerment clearly.
It is envisaged that lower interest rates, soft loans and subsidised
financial products that are linked to economic development of women would be
relevant measures in this regard but they are not enumerated in the Bill.
|
The Ministerial guidelines in regulations under the Act would provide
greater clarity
|
Noted
|
The guidelines will seek to provide clarity in this regard
|
|
|
Retail Association:
This section
potentially has the most impact, but it lacks sufficient details to be
effective.
|
|
Noted
|
|
|
|
Sonke
:
Under clause 10(6) replace the word may
with must.
|
|
Yes
|
The department does not object
|
|
|
Vodacom:
Consider the
fact that the pool of economically active, suitably skilled and qualified
women may be insufficient to achieve the prescribed target
|
|
Noted
|
|
|
|
WARD:
We support
clause 10
, however, we
recommend that it should also provide for
the establishment of the Womens Fund or Womens Bank
|
|
Yes
|
No objection
|
|
|
|
|
|
|
11.
|
Socio economic
empowerment of women in rural areas
|
Centre for Law and
Society:
Clause 11 claims to trump all other laws, however, it provides no
remedy for women who have been aggrieved by a public or private bodys
non-compliance with the requirements to facilitate sustainable livelihoods
and decent work for women, ensure land in the hands of women, improve
conditions for women on farms, and ensure equal representation of women in
traditional councils (clause 11(1
)(
a)-(d).
Weak enforcement undermines this clause.
|
|
Yes
|
The Department will amend the clause on enforcement and will also
collaborate with the CGE.
|
|
|
CGE:
The rights of
rural women continue to be subdued by skewed land ownership, limited access
to credit and constrained opportunities which inhibits their economic
empowerment alongside rural development.
The Bill fails to address this issue which is set out in article 14 of
CEDAW
The CGE supports this clause
|
Recommends that the Minister be obliged to provide guidelines to
achieve compliance with the
proposed
provisions
|
Noted
|
No objection to recommendation
|
|
|
Voice Movement Therapy
Eastern Cape:
The scarcity of water in rural areas makes it impossible for women to
initiate organic gardens even at their backyards.
Some other parts of rural areas have no electricity
|
|
noted
|
|
|
|
Legal Resource Centre:
The Bill makes
a serious assumption that women in rural areas live in farms or are married
to men working on farms or seek access to agricultural land. Women in rural
areas are not a homogenous group of individuals, the problems they face in
respect of gender equality and empowerment are not all related to land and
farm work.
Section 11(d) further cements the plight of women in rural areas to
work under or submit to traditional leadership, which is steeped in
patriarchal principles and believe systems.
It is silent on how this representation must be achieved and what
should happen in the event of non-compliance
|
|
No
|
Clause 11 (1) (a) states that the Bill is not limited women in
farms.
Clause 11 is a matter of
emphasis, women in rural areas benefit throughout the Bill
|
|
|
Urban & Rural Women:
Empowering
women and girls in rural areas on free basic services is very critical
provide transport and closer supply of water.
|
|
No
|
Refer to clause 16
|
|
|
Retail Association:
There is
considerable scope to promote community initiatives and advocacy to achieve
the objectives of the Bill. This provision should be clearly articulated with
obligations being clearly defined and capable of interpretation.
|
|
Yes
|
No objection to the inclusion
|
|
|
Cause for Justice:
Explain
sustainable livelihoods and decent work for women... in sub clause (a)
|
|
No
|
It is only defined once in text
|
|
|
Sonke
:
This clause is silent about issues of poor
access to government services for rural women which persist as a problem
|
Add an item on access to government services including healthcare,
police and the justice system.
|
Yes
|
No objection to add item on access to government services
|
|
|
Vodacom:
Provide
guidelines on what is expected
|
|
Noted
|
|
|
|
Business Engage:
This clause
may not apply to many private bodies
|
|
|
|
|
|
WARD:
·
We support
clause 11
however we want it to
specifically address issues of access to water, health care, electricity,
roads, schools, transport, communication networks,
Women in the rural areas have no access to news
papers therefore cannot even know about tenders because they are advertised
in news papers and the website, we want the Bill to incorporate this in the
tender processes
|
|
Noted
|
No objections
|
|
|
|
|
|
|
12.
|
Socio economic
empowerment of women with disabilities
|
CGE:
Supports this
clause
|
Recommends that the Minister be obliged to provide guidelines to
achieve compliance with the
proposed
provisions
|
Noted
|
|
|
|
Voice Movement Therapy
Eastern Cape:
Disabled women are more vulnerable than any other group. They are the
target. They are
also being raped
.
|
|
Noted
|
|
|
|
The Southern African
Liaison Office:
Welcomes the recognition of the
intersectionality
of women and disability however, it
should not be limited to socio-economic empowerment alone, it should
highlight the double burden of women with disabilities
|
|
Yes
|
No objection
|
|
|
Retail Association:
There is
considerable scope to promote community initiatives and advocacy to achieve
the objectives of the Bill. This provision should be clearly articulated with
obligations being clearly defined and capable of interpretation.
|
|
No
|
The Department recommends that words should be added to include
within their level of responsibility
|
|
|
Cause for Justice:
Provide
research facts that women with disabilities are currently worse
of
than men with disabilities
|
|
Yes
|
See attached report prepared by the Department on Gender Parity
between men and women with disabilities (Annexure 5)
|
|
|
Sonke
:
This clause is silent about issues of poor
access to government services for rural women which persist as a problem
|
Add an item on access to government services including healthcare,
police and the justice system.
|
Yes
|
No objection to add item on access to government services
|
|
|
Vodacom:
Provide
guidelines on what is expected
|
|
Yes
|
Guidelines may
de
provided as provided
for in clauses 17 and 18
|
|
|
|
|
|
|
13.
|
Powers of Minister
|
CGE:
The Bill
creates uncertainty regarding the powers of the Minister in relation to the
CGE, in contravention of protection of the latter by the Constitution.
Supports the clause on collaboration with certain
entities,
however the nature of this relationship is not clear.
|
|
No
|
No duplication because the Minister regulates where as CGE does not
have this power
The department does not object to collaboration.
The CGE does not implement, so the
collaboration will be in the areas of monitoring, investigation and
enforcement.
|
|
|
Sonke
:
obligate Minister and CGE to collaborate
on matters concerning womens empowerment and gender mainstreaming and set
out the areas of cooperation
|
|
Noted
|
|
|
|
Vodacom:
The WEGE Bill
makes reference to delegation within the Department and not to
Inter-Departmental delegation
|
|
|
|
|
|
|
|
|
|
14.
|
Guidance by Minister
|
Community Law Centre
(UWC):
|
Recommends that various departments responsible for implementing
existing legislation, policy and programmes must be required to implement
effective public awareness campaigns regarding the content of the existing
legal framework. The campaigns must ensure that information is provided in
local languages using local radios, print and social media platforms.
Recommends that training of government officials on the content and
duties ascribed through existing legislation be prioritised
|
Yes
|
Department does not object However the recommendation is that it be
entertained in clause 4(4)
|
|
|
CGE:
The CGE
supports this clause in its current form
|
|
Noted
|
|
|
|
Retail Association:
This clause
lacks substance and clarity
|
|
|
The guidelines contemplated will provide additional clarity
|
|
|
|
|
|
|
|
|
Vodacom/Business Engage:
Define
guidance
|
|
No
|
Use the dictionary meaning of
|
|
|
|
|
|
|
15.
|
Gender Units and
Accountability
|
Community Law Centre
(UWC):
the requirement clause 15(1) that the appointment of GFPs be at senior
management is one step to the right direction, however the word senior
is
open to some interpretation
The provisions in
clause 15(3)
that the Minister may make regulations to set out the qualifications, skills
and duties of GFPs is supported
There is no reporting requirement in clause 15
|
Recommends that may be replaced by must. The provisions of clause
15 depending on the content of the regulations contemplated in clause 15(3)
should assist in addressing some of the failures in previous attempts to
entrench a system of GFPs in government departments.
Recommends the inclusion of the reporting requirement and that it
should be mandatory to report on the annual report
|
No
|
Senior Management
Service in
terms of Public Service act is clearly defined thus not open to
interpretation
|
|
|
CGE:
Does not
support the time frame of three years, it should be reduced to one year
|
|
Yes
|
The Department has no object ion to reduce the time frame of three
years and suggests that; the time frame be reduced to one year.
|
|
|
Department of Rural
Development and Land Reform (DRDLR):
The Bill must specify the
senior management levels to be at Chief Director or Deputy Director General
|
Directors do not sit at EXCO or any meetings with the Ministers, and
they are not included in teams that develop the
Departmentsstrategies
|
No
|
Senior Management Services (SMS) includes Director to Director General.
|
|
|
Cause for Justice:
Recommends
that accountability for non-compliance should be placed on the entire Board
and not the individual.
|
|
No
|
The inclusion of the entire board will make it impossible to enforce
compliance. Some board members are non executive members of private bodies.
|
|
|
Vodacom:
The meaning of
accountable is not clear.
Consequences of non-compliance should be clear
|
|
No
|
The word accountable is not used in the text.
|
|
|
|
|
|
|
16.
|
Enforcement
|
Community Law Centre
(UWC):
The formulation of clause 16 is weak. No penalties are stipulated.
A question is asked whether
can such a law as the
proposed WEGE Bill
be enforced?
|
Effective remedies are essential to the full realisation of the right
to equality that is protected by section 9 of the Constitution.
Recommend further debate and consideration to understand what
penalties and enforcement mechanisms can be employed with respect to all
legislation, policy and programmes relating to womens empowerment and gender
equality
Recommends political will to commit resources and uphold
accountability because courts and independent oversight bodies such as the
CGE and the SAHRC may fail.
|
Yes
|
|
|
|
|
|
|
|
|
|
CALS:
Clause 16 is
not very clear and may be weak. The current enforcement mechanisms are weaker
than those that were proposed in the earlier. The use
of
the
term any dispute resolution
mechanism does not provide the requisite to ensure that the objectives of
the Bill are achieved and non-compliance is addressed.
|
|
|
|
|
|
Centre for Law and
Society:
Weak mechanisms for enforcing the rights that the Bill is trying to
promote
|
Women want a
justiciable
mechanism through
which the Minister can intervene and compel compliance where women complain
about their experiences of public and private bodies disregard for gender
equality
|
|
|
|
|
BWA:
The Bill
should clearly specify the steps in the enforcement process together in the
compliance of enforcement
|
|
Yes
|
The Department has recommended amendment to section 16 to improve
enforcement section
|
|
|
CGE:
The Bill does
not comprise of any effective enforcement mechanisms which will ensure
compliance with the empowerment and equality provisions in numerous pieces of
legislation including the WEGE Bill when it is promulgated.
|
Recommends that the CGE be expressly referenced because it has
jurisdiction in gender related disputes
|
|
|
|
|
Womens Legal Centre:
One of the
current challenges is lack of enforcement of existing laws in place to
advance womens equality.
There is a clear need for oversight and accountability to ensure that
there are consequences when departments fail to deliver, and the private sector
is also held accountable for not meeting its obligations. The private sector
is also required (by the Constitution and other pieces of legislation) to end
discriminatory practices and to advance womens equality.
|
|
|
|
|
|
JD Group; Group Legal
& Compliance:
Clause 16 weakens the essence of this proposed
legislation
|
Stricter consequences must be included. Breach must be an offence.
Fines must be imposed and compliance notices be issued, which will serve as a
binding ruling on the breaching entity.
Window dressing should be an offence to ensure substance over form is
attained.
A mechanism should be put in place to encourage whistle blowing on
entities who window dress and thus
flount
the
spirit of this proposed Bill.
|
|
|
|
|
Tshwaranang
:
The word
may must
be replaced with must to create and support accountability and
transformational change.
The previous version of the Bill provided for offences and penalties,
which has now been removed, which begs the question of how compliance with
the legislation will be ensured. If there are no consequences for
non-compliance or sexist/misogynist practices, what is the value of
this
legislation
.
|
|
Yes
|
The Department does not object to replacing may with must
|
|
|
Retail Association:
This clause
lacks substance and clarity
|
|
Noted
|
|
|
|
Cause for Justice:
clarify the
enforcement mechanism
|
|
Noted
|
|
|
|
Vodacom:
Any dispute
resolution mechanism is not clear.
Consequences of non-compliance should be clear
|
|
|
|
|
|
WARD:
We do not support clause 16 as it is because it
does not give the Minister
powers
to enforce
compliance in case of non-compliance.
The Minister must be able to take the designated
public bodies or designated private bodies to court to enforce non-compliance
Women must also be able to litigate in court
against designated public and private bodies to enforce the provisions of
this Bill
|
|
|
|
|
|
|
|
|
|
17.
|
Code of Good Conduct
|
Sonke
:
Under clause 17 replace the word may
with must.
|
|
Yes
|
The Department has not objection in replacing the word maywith
must
|
|
|
|
|
|
|
18.
|
Framework on Women
Empowerment
|
Sonke
:
Under clause 18 replace the word may
with must.
|
|
Yes
|
The Department has not objection in replacing the word maywith
must
|
|
|
|
|
|
|
19.
|
Regulations
|
Sonke
:
Under clause 19 replace the word may
with must.
|
|
Yes
|
The Department has not objection in replacing the word maywith
must
|
TABLE 2:
GENERAL COMMENTS NOT LINKED
TO ANY CLAUSE
ISSUE RAISED
|
Name of organisation
|
Comment received
|
Proposal/Recommendation
|
Decision by DWCPD:
Proposal accepted Y/N
|
Reasons
|
Situation of women in
South Africa
|
Community Law Centre
(UWC)
|
Welcomes efforts by the State to address the significant gender
inequalities and violations of the rights of women, girls and LGBTIs.
The WEGE Bill represents a step in that direction.
The Bill duplicates existing
legislation and policy, it fails to address things that are not addressed in
existing law and policy
It fails to engage with the issue of weak implementation of existing
laws
Supports the efforts to address the persistent marginalisation and
exploitation of women, they The Community Law Centre does not believe that
the Bill in its current
form
is
the correct measure to achieve
this.
Women from birth to death continue to face numerous challenges,
discriminations and violations across the settings of their lives and
circumstances.
High levels of crime continue unabated. Challenges to access justice
persist in spite of reforms in the justice system.
Conviction rates remain low and the victimisation of women and LGBTI
people at the hands of state officials tasked with upholding the Constitution
and the law continue.
|
|
Noted
|
|
|
CALS
|
Twenty years after the abolishment of the apartheid system, most women
in South Africa, and in particular, poor black African women in rural and
urban settings, are yet to benefit from the constitutional democracy.
|
|
Noted
|
|
|
Urban & Rural Women
|
It is estimated that about 14 million people live in rural
municipalities falling under the jurisdiction of traditional leaders. It is
alos
primarily in these areas where people live in abject
poverty and where there is a lack of access to economic opportunities, poor
infrastructure and lack of access to basic services.
|
|
Noted
|
|
Multiple roles of women
and girls:
|
Community Law Centre
(UWC)
|
Women hold a wider range of responsibilities and roles than men.
|
Include policy for the provision of childcare by the public and
private bodies to employees, encouraging a greater role for fathers in the family
through workplace policies regarding paternity leave, enabling flexibility
for women to take time off to manage essential tasks such as taking care of
sick children.
|
No
|
This will constitute duplication with existing legislation on labour
|
Intersectionality
and discrimination:
|
Community Law Centre
(UWC)
|
While almost all women are affected by discrimination, certain
intersectionalities
with other factors exacerbate the
experience of some women e.g. differences in the experiences based on race
and economic circumstances are significant.
Black women and girls experience far greater levels of discrimination
and fewer opportunities than white women. Those living in poverty and rural
women experience fewer opportunities and also affected by additional layers
of exclusion and discrimination.
Women with disabilities experience profound barriers to services,
social justice and general participation in social structures.
LGBTIs are faced with extreme levels of discrimination and violation.
Sex workers are exposed to greater levels of discrimination and
violation on the basis of the manner in which they earn their income.
|
|
Yes
Yes
|
The Department does not object
to intersectional discrimination of the Bill
The Department has suggested
inclusion of LGBTI in the definition of gender discrimination and
gender
|
|
CALS
|
There are multiple barriers (economic, social, cultural and religious)
to womens empowerment and gender equality in South Africa.
The Bill does not adopt an intersectional approach to discrimination.
The discrimination of women based on sex and gender is inextricably
linkrd
with other factors that affect women, such as
race, ethnicity, health status, age, class and sexual orientation and gender
identity amongst various other grounds.
|
It is significant to adopt measures that respond to these challenges
|
|
The Department does not object
to intersectional discrimination of the Bill
|
|
POWA
|
Women are not a homogenous group.
|
The Bill needs to acknowledge these
intersectionalities
and clearly articulate these in the Bill.
|
|
|
|
Sonke
|
The Bill fails to address intersectional discrimination
|
|
|
The Department does not object
to intersectional discrimination of the Bill
|
Broad participation and consultation
with women on reforms for empowerment and equality
|
Community Law Centre
(UWC)
|
The departmental and parliamentary processes have excluded the
participation of the majority of people who are deeply invested in issues of
equality and empowerment, namely women in the country. The processes have
enabled a handful of civil society organisations and private business to
provide inputs to the Bill.
|
|
No
|
There were consultations since 2011.
The Bill was published 3 times and has been presented in various
workshops and consulted therein. See attached list of civil society
consultations in preparation for parliamentary public hearings.
|
Addressing patriarchy
|
Community Law Centre
(UWC)
|
South Africa remains a deeply patriarchal society; none of the initiatives
to date have shifted the secondary status and subservient place that most
women and girls continue to experience in their homes, community structures
or the workplace.
The lower value placed on women and girls in relation to men and boys
in almost all settings of their lives underpin the persistence of
discrimination, violation and injustice experienced by women. It explains to
some extent the failures of implementation of existing legislation
|
|
Yes
|
The Department has suggested that a new clause on prohibited practices
be included in the Bill
|
|
CALS
|
It is not apparent how the Bill intends to deal with the pervasive
discrimination and violation of womens right including gender non-conforming
women.
|
It is essential that patriarchal norms, the persistence of racism and
harmful cultural, traditional and religious practices are all adequately
addressed by the Bill.
|
Noted
|
The department has suggested that LGBTI be included when addressing
discrimination
|
|
CGE
|
The challenges of patriarchy continue to limit the empowerment of
women in South Africa.
Traditional practices and customary law tend to display deep
patriarchal implications and have not been addressed in the Bill as required
in terms of article 3 of CEDAW.
The draft Bill addressed patriarchy at clause 13(2), unfortunately it
has been removed in the Bill [b50-2013]
|
|
Yes
|
The Department
|
|
Legal Resource Centre
|
The Bill remains silent on the gender equality at play within the
private environment that women find themselves where more often than not the
true reality of patriarchy and gender inequality is at play.
|
|
|
|
|
Bright Groom Organization
|
The fight against sexual assault has been ineffective thus far due to
some obstacles such as culture, inadequacy of the law, lack of political
will, ignorance and chauvinism.
|
|
|
|
|
Voice Movement Therapy
Eastern Cape
|
The Bill needs to be clear on the prohibition of patriarchy and laws
reinforcing it.
|
|
Yes
|
The Department has suggested that a new clause on prohibited practices
be included in the Bill
|
Timeframes for
implementation
|
Community Law Centre
(UWC)
|
Commend the timeframe for submitting plans but indicates that the is
no timeframe by which the various objectives and targets must be achieved
|
Recommends that timeframes by which the various objectives and targets
must be achieved be included
|
No
|
The time frames will be according to the notice of designation for
that particular sector.
It will be
impractical to have similar timeframe for all sectors
|
Monitoring and reporting
|
Community Law Centre
(UWC)
|
There is no reporting requirement in clause 15
|
Recommend that the requirement for reporting be included in clause 15
Also include a requirement for reporting to the parliamentary
committees and provincial legislatures at
regular intervals
Designated public and private bodies must be required to report on the
implementation of the obligations and strategies as contemplated in the Bill,
or as set out in the existing legislative and policy framework in all annual
reports, to further enable regular scrutiny and oversight over their
implementation
|
Yes
|
No obligation
|
Budgets, resources and
provisioning
|
Community Law Centre
(UWC)
|
A glaring gap in existing laws and programmes to address shifts in
womens lives is the absence of requirements for adequate resourcing of
initiatives to achieve this and laws are adopted without adequate planning
for or commitment of funding
The Bill does not refer to strategies to the commitment of necessary
resources.
|
Cost the implementation of the Bill and the implementation of existing
legislation be
costed
by the relevant Departments.
Recommend that a Womens budget be mandatory across government
departments, and that a framework for this be included in this Bill.
It will enable the tracking and identification of gaps in departmental
budgets and spending with regard to the range of issues addressed in the Bill
Recommend that all plans and strategies of the public bodies be
costed
and a plan for resourcing be clearly set out in
the strategies
|
Yes
|
The Department has
costed
implication to
DWCPD (see attached document
Funding
for servicing WEGE Bill: Implementation Plan Estimated Budget
as
Annexure 6).
Relevant departments will
make their own costing and this
can not
be mandated through this Bill but
administrative arrangements will be made
|
|
Sonke
|
The implementation of the Bill must be
costed
|
|
|
|
Gender Responsive
Budgeting
|
CALS
|
A key omission in the Bill is the issue of Gender Responsive
Budgeting.
The link between a properly responsive budget and the advancement of
gender equality is vital.
We cannot talk about gender equality and the empowerment of women
without clear guidelines regarding costs and adequate budget allocation by
government generally and the Ministry in particular.
|
|
|
|
|
Legal Resources Centre
|
The actual implementation of the Bill must be
costed
|
|
|
|
|
Wits Institute for Social
and Economic
Research (
WiSER
)
|
Cost the implementation of the Bill, that is the appointment of GFPs,
training, etc.
|
|
|
|
National Gender Machinery
|
Community Law Centre
(UWC)
|
The Bill does not address some of the issues that are considered to
have underpinned the failure of the previous NGM to effect change for women
in South Africa
|
|
|
|
|
Wits Institute for Social
and Economic
Research (
WiSER
)
|
Wide-ranging and extensive consultation is required around the future
of the NGM
The WEGE Bill must create a National Gender Council that allows the
participation of a diverse range of womens groupings in the creation of
policies and programmes promoting gender equality.
Sections 9-12 of the WEGE Bill would largely fall within the purview
of this Council which should include private sector participation.
The existing National Council Against Gender Based Violence would be a
substructure of the Council modelled along the lines of NEDLAC.
|
|
|
|
Support for the Bill
|
Community Law Centre
(UWC)
|
Supports the intention of the Ministry to improve circumstances for
womens empowerment and gender equality
Support certain provisions of the Bill, however, they are not
convinced that that this Bill in its current form will have any greater
impact on this than any of the laws, policies and programmes currently in
place to achieve a number of the same changes that this Bill seeks to make
Entrenched value systems of male entitlement and superiority that
underpin womens experiences of discrimination, exclusion and disempowerment,
and that pervade all aspects of society remain unchallenged by this or other
legislation, policy or programme.
Without political will and without resourcing, no law, policy or
programming will be implemented.
The Bill fails to adequately address womens equality or lived
realities in a meaningful way.
|
Recommends that a stronger process of consultation with departments,
civil society and most importantly, with women around the country is
essential to establish what other measures besides or in addition to the
promulgation of legislation can affect real changes in all aspects of womens
lives.
|
Noted
|
|
|
CALS
|
Commends the Ministry for preparing the WEGE Bill and acknowledge the
Ministers efforts in attempting to create a framework that will ensure that
public and private bodies adopt a policy and programmatic measures that
promote gender equality and prevent discrimination against women.
|
|
Noted
|
|
|
BWA
|
The BWA wholeheartedly supports the principles and the objectives
underlying the WEGE Bill to support women empowerment, however, it requires
a number of changes to achieve its principles and objectives.
|
|
Noted
|
|
|
Tshwaranang
|
Believes that this type of legislation is necessary, however, in its
current form is likely to do more harm than good.
|
|
Noted
|
|
|
POWA
|
Supports the intentions of the Bill seeking to improve the lives of
women by promoting socio-economic empowerment and seeking to eliminate
various forms of discrimination against women, they believe that more
substance need to be incorporated into this Bill in order to give effect to
it.
|
|
Noted
|
|
|
Legal Resource Centre:
|
Welcomes the introduction of legislation which seeks to realise,
respect and protect the right to gender equality in South Africa.
|
|
Noted
|
|
|
WARD
|
Welcomes and support the Bill in its
cuurent
form except clause 16 which needs to be strengthened
|
|
Noted
|
|
Religion
|
49Million initiative
|
Government is interfering with the Christian teachings
|
|
No
|
Department has recommended exemption of Public Benefit Organisations
|
The Bill does not
introduce new initiatives
|
CGE
|
The Bill does not establish or create initiatives which will
effectively promote womens empowerment and gender equality, for example,
discriminatory legislation such as section 12A of the Sexual Offences Act of
1957 remains in force.
|
|
|
|
Alignment to CEDAW
|
CGE
|
The Bill is not aligned sufficiently to CEDAW and domestic legislation
relating to equality
|
|
Noted
|
|
Clause 7 of the draft
Bill
|
CGE
|
|
Recommends that clause 7 of the draft Bill be retained because it will
ensure effective implementation on promulgation of the Act.
|
|
|
Duplication of the
mandate of the CGE
|
CGE
|
The WEGE Bill duplicates the mandate of the CGE
|
|
No
|
See explanation on duplication of CGE Act under application of the
Bill
|
|
POWA/Business Engage
|
The Bill duplicates the CGE functions, there is a need to harmonise
interventions
|
|
No
|
|
|
Womens Legal Centre
|
There are a number of pieces of legislation that overlap with the WEGE
Bill, the EEA, BBBEEA, PEPUDA, and Municipal Electoral Act.
|
|
|
The Bill does not seek to duplicate existing legislation but it
elevates the prioritisation of women empowerment matters in those Acts
|
|
BUSA
|
The Bill does not take into account the EEA
|
|
|
The Bill does refer to EEA
|
CEDAW obligations
|
CGE
|
The WEGE Bill does not provide any mechanism to hold the state
accountable to obligations set out in article 16 of CEDAW which seeks to
promote gender equality within customary and religious marriages.
|
|
Noted
|
See proposed amendment of Clause 16
|
Criminalisation of
consensual adult sex work
|
CGE
|
The criminalisation of consensual adult sex work continues to erode
the dignity, health and labour rights of women.
Article 6 of CEDAW requires that the State take steps to address this
issue.
The WEGE Bill is silent about this issue.
|
|
Noted
|
The DOJCD is in the process of developing legislation on prostitution
and has already published a discussion paper (SALR Project 107, Adult
Prostitution).
Inclusion of this will
constitute duplication
|
|
Sonke
|
The Bill should address issues that persistently hamper the attainment
of gender equality in South Africa, some of the gaps that need to be closed
include:
·
The illegal status of sex work and its
disproportionate impact on women resulting in unfair gender discrimination
·
Non-recognition of religious marriages and
domestic partnerships
·
Lack of implementation of violence against women
related laws
·
Lack of criminalization of hate crimes
perpetuated against the LGBTIs
·
Lack of legal entitlement of paternity leave
|
|
No
|
The recommendation is outside the mandate of the Ministry
|
SADC
Gender and Development Protocol
|
CGE
|
Art 1(a) requires the State to harmonise national
legislation, policies, strategies and programmes with relevant regional and
international instruments related to the empowerment of women and girls for
the purpose of ensuring gender equality and gender equity.
The WEGE Bill is in conflict with Art 2 of the
SADC Protocol because it is not aligned with CEDAW, furthermore there is no
harmonisation between the EEA, BCEA, and PEPUDA as required by Art 2 of the
SADC Protocol
|
|
Noted
No
|
The Bill does not seek to duplicate existing legislation but it elevates
the prioritisation of women empowerment matters in those Acts
|
The
Constitution of the Republic of South Africa, 1996
|
CGE
|
The WEGE Bill is expected to implement the
affirmative action provision in the Constitution more broadly to embrace
education, health care, land ownership and political representation but it
fails in this respect.
|
|
Noted
|
|
Empowerment
of women
|
ABSA
|
ABSA addresses a lot of issues mentioned on the
Bill through the Group Diversity and Inclusion agenda, as a result it will
lead to duplication with compliance introduced in terms of reporting under
the EEA and this Bill.
|
|
Noted
|
|
Context
|
Womens
Legal Centre
|
Gender inequality is deeply embedded in South
African society. This is evident in:
·
The alarming violence
against women, with high levels of both sexual
and domestic violence;
·
The stubbornly unresponsive
criminal justice system, despite an improved legislative framework;
·
The racial and gendered
dimension of poverty and unemployment;
·
Gender-skewed land and
property ownership;
·
Culturally enforced
exclusion faced by rural women, and their diminished access to justice;
·
The persistent violation of
sex workershuman rights, violence against LBGTI people;
·
Gender discrimination in the
workplace;
·
The gendered nature of the
spread and impact of HIV and AIDS
|
|
Noted
|
|
Access to natural
resources
|
DRDLR
|
Access to natural resources forms the basis of all development
initiatives and it is a powerful tool for addressing amongst others the
following:
·
Poverty and hunger;
·
Empowerment;
·
Ability to bargain in the family and in the
community; and
·
Increased productivity as more people, both women
and men will be working and benefiting from the land.
|
|
Noted
|
|
Land ownership in South
Africa
|
DRDLR
|
In South Africa land ownership, tenure and use systems have not only
been racially based but have also been based on a gender discrimination and
exclusion systems. This has resulted in a skewed distribution of land, which
further perpetuates womens powerlessness and dependency on their men and /or
male relatives.
The land audit reported presented on 23 October 2013 is typical of the
circumstances of land ownership by women in South Africa,
The report revealed that of the
22 726 252 owned by men, women only own 5 191 159. This
is actually a quarter of what men own.
The issue of ownership and management of natural resources such as
land should be understood in context of rights to land, which would amongst
others entail the following: Ownership; use; access; control; transfer;
inheritance; decision making and tenure security.
|
|
Noted
|
|
Inherent requirement of
certain occupations
|
POWA
|
The Bill fails to take cognisance of the inherent requirements of
certain occupations and the choices made by members of the public
|
|
Noted
|
|
Gendered nature of gun
violence
|
GFSA
|
While men are the predominating victims of gun violence, women are
most vulnerable behind closed doors, where guns are used to intimidate,
control, hurt and kill intimate partners.
|
|
Noted
|
|
Applicable legislation
|
GFSA
|
Include reference to the DVA and Firearms Control Act, 2000
|
|
Yes
|
The department does not objected
|
Poverty alleviation
|
Voice Movement Therapy
Eastern Cape
|
Recommends Basic Income
Grant
to
all unemployed to alleviate
poverty.
|
South Africa is rich in minerals it can afford that.
|
No
|
Recommendation not within the mandate of the Ministry
|
Unpaid work and labour
|
Legal Resource Centre:
|
There is no reference to the recognition of womens unpaid work and
labour, and the very real fact that women continue to do the bulk of
housework and care in respect of the children and society.
The UN Special
Rapporteur
on Extreme Poverty
Report on unpaid work, poverty and womens human rights reveals that there is
a direct link between unpaid work, poverty and
and
womens inequality.
|
|
Yes
Noted
|
No objection to the recognition of unpaid work and labour
|
Community Care Worker
|
Legal Resource Centre
|
The Bill does not recognise the woman who is a community care worker
and who meets the socio-economic needs of her community on her pension grant.
She performs unpaid work on a daily basis and is at the forefront of gender
discrimination and inequality
|
|
Noted
|
|
Removal of certain
chapters and sections of the Bill
|
Wits Institute for Social
and Economic
Research (
WiSER
)
|
Remove chapters 2, 3 and sections 13 & 14 of chapter 4.
|
|
Noted
|
|
Root causes of gender
inequalities
|
Western Cape Government
|
The Bill does not contain any measures to address the underlying
causes of gender inequality, instead it focuses on formal rather than
substantive equality
|
|
Noted
|
|
Young Women
|
Nozibusiso
Khambule
|
The Bill is silent on young women
|
|
Noted
|
|
Safety and Security
|
Nozibusiso
Khambule
|
The Bill is silent on safety and security measures in formal and
informal occupations
|
|
Noted
|
|
Sunset clause
|
Cause for Justice
|
Consider the inclusion of a sunset clause in the WEGE Bill
|
|
Noted
|
|
|
|
|
|
|
|
Documents
No related documents