ATC181031:Report of the Portfolio Committee on Higher Education and Training on the Commission for Gender Equality (CGE) Report on Gender Transformation in Tertiary Institutions Hearing2017/18, Dated 31 October 2018

Higher Education, Science and Innovation

Report of the Portfolio Committee on Higher Education and Training on the Commission for Gender Equality (CGE) Report on Gender Transformation in Tertiary Institutions Hearing2017/18, Dated 31 October 2018
 

1. INTRODUCTION AND BACKGROUND

The Portfolio Committee on Higher Education and Training (hereinafter referred to as the Committee), having considered the Report of the Commission for Gender Equality on Gender Transformation in Tertiary Institutions Hearings on 14 August 2018, reports as follows:

 

1.1. Background

Transformation remains an important aspect of the post-school education and training (PSET) system. The Constitution of the Republic of South Africa, 1996 requires that all citizens have access to education, and equal access to educational institutions. The Education White Paper 3: A programme for the transformation of Higher Education (DoE: 1997) explains that the transformation of higher education requires that all existing practices, institutions, and values are viewed anew and rethought in terms of their fitness for the new era. The Education White Paper further states that successful policy in higher education must also create an enabling institutional environment and culture that is sensitive to and affirms diversity, promotes reconciliation and respect for human life, protects the dignity of individuals from racial and sexual harassment, and rejects all other forms of violent behaviour.

 

The Portfolio Committee on Higher Education and Training (herein referred to as the Committee) has an oversight role over the Department of Higher Education and Training (herein referred to as the Department) and higher education institutions to monitor progress towards the achievement of the transformation goals, including implementation of employment equity plans and policies to address gender-based violence. The issue of the slow pace of transformation and under representation of blacks and women at senior management level had been raised many times. Some institutions reported that Black South Africans academics were being replaced by non-South African Blacks in senior management positions.

On 25 April 2018, the Portfolio Committee on Higher Education and Training convened a meeting with the South African Human Rights Commission (SAHRC) to engage its report on Transformation at Public Universities in South Africa. It was at this meeting that the Committee requested the SAHRC to broaden its scope of investigations to include abuse of human rights at universities, in particular gender-based violence. The Commission reported that investigations into the gender related issues was the mandate of the Commission for Gender Equality (CGE) and there was work already done by the CGE in that regard.

The Committee resolved at this meeting to invite the CGE to engage with its work regarding gender-based violence at universities. Subsequent to the Committee’s decision to invite the CGE to a meeting, the Commission tabled in Parliament its Report on Gender Transformation in Tertiary Institutions Hearings 2017/18. On 25 May 2018, the Speaker of the National Assembly (NA) referred the report to the Committee in terms of Rule 338 of the National Assembly Rules for consideration and reporting in terms of Rule 339 and 340 respectively.

1.2. Purpose of the Report

The purpose of this report is to account in accordance with Rule 166 of the Rules of the National Assembly for the work done by the Committee in considering the CGE Report on Gender Transformation in Tertiary Institutions Hearings 2017/18 as referred by the Speaker of the National Assembly to the Committee in terms of Rule 338 for consideration and reporting in terms of Rules 339 and 340 respectively.

2. Mandate of the Commission for Gender Equality (CGE)

The CGE is a Chapter 9 institution with a constitutional mandate to promote the protection, development, and attainment of gender equality. This constitutional obligation mandates the CGE to monitor and hold any entity within a public or private sector accountable to their constitutional obligations. In this regard, the CGE is expected to promote gender discourse to the centre of discussions on state action by conducting an evaluation of gender policies and practices in the world of work and to act as an advisory body to government and all employers.

The CGE, as a Chapter 9 institution is required to report to the National Assembly on its work.  The report on gender transformation in tertiary institutions was one of the examples of the work of the CGE which is scrutinised by Parliament.

2. Summary of the presentation

The CGE was represented by its Chairperson, Ms L Nare and the Chief Executive Officer (CEO), and Ms K Maema. In her presentation, Ms Nare started off by outlining the mandate of the CGE as per section 187 of the Constitution and the CGE Act, 1996 (Act No. 39 of 1996) which requires the CGE to promote respect for, and the protection, development and attainment of gender equality. Ms Nare gave an outline of the legislative framework which seeks to promote the rights of women general which include: Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); Universal Declaration of Human Rights (1948); Beijing Platform for Action (BPA); Addendum to the 1997 Declaration on Gender and Development by Southern Africa Development Communities (SADC) Heads of State of Government and the South African Constitution, 1996.

The Chairperson noted that the Commission received complaints of gender discrimination and lack of adequate response from the universities to address issues of gender transformation. She reported that the Commission has conducted the hearings at universities since 2011. The Chairperson further noted that universities were not willing to cooperate when invited to the hearings, and the Commission had to resort to using its legislative powers to subpoena them. For 2017/18, the CGE subpoenaed three universities (University of Johannesburg, University of the Free State and Stellenbosch University) to respond to a set of questions relating to gender transformation at their institutions, furnish the CGE with copies of related policies that they have adopted and appear at the public hearings for further scrutiny by a panel of CGE Commissioners.

Ms K Maema: CEO proceeded with the presentation by giving a brief background about the transformation hearings. She indicated that the primary objectives of the hearings were twofold, the first being to assess the impact of employment equity legislation, and secondly to hold institutions of higher learning accountable for non-compliance in gender transformation. The hearings were also intended to advice the universities on how to tackle obstacles that impede the advancement of women.

Ms Maema informed the Committee that the CGE has conducted transformation hearings at institutions of higher learning since 2011. To date, 13 universities (University of Cape Town, University of the Free State, University of KwaZulu-Natal, University of Limpopo, North West University, University of Pretoria, Rhodes University, Stellenbosch University, University of South Africa, University of Venda, University of Witwatersrand and Tshwane University of Technology) have been called to appear before the Commission and account on their compliance with Employment Equity Act and other gender related issues. The institutions were requested to complete a questionnaire which was analysed and interrogated by the Commission. The Commission also conducted hearings with the Department of Higher Education and Training. For 2018, the Commission would be calling an additional four universities (University of Mpumalanga, University of Zululand, Sol Plaatje University and Nelson Mandela University).

The overall findings of the hearings established that: sexual harassment was prevalent at institutions of higher learning and it predominantly came in a form of sex for marks; sexual harassment policies were largely focused on employees to the exclusion of students; not all universities provided counselling services to victims of sexual harassment; consumption of drugs and alcohol by students contributed to a high number of sexual violence incidents; universities had no specific policies that dealt with safety of students and the processes that must be followed and that universities failed to create an environment of zero tolerance to gender based violence.

The interventions by the Commission included: compelling universities to conduct sexual harassment campaigns during orientation; delivering sexual harassment lectures to various universities; attending induction processes at various universities to ensure that sexual harassment and grievance policies were adequately outlined to members and assisting universities to review gender related policies.

3. Committee observations

The following formed part of the key observations:

3.1.       The Committee commended the work undertaken by the CGE in fighting gender discrimination and promoting the rights of women and people with disabilities at institutions of higher learning. Moreover, the Committee acknowledged the difficult task of the CGE in fighting patriarchy, given the resistance by some institutions to conform to the legislative framework that seeks to promote gender balance in the workplace.

3.2.       The Committee learnt with shock that some institutions of higher learning were not willing to account to the CGE and had to be subpoenaed in order to submit information in relation to gender transformation.

3.3.       The Committee expressed its serious concern that the majority of universities did not have policies which seek to protect women and lesbian, gay, bisexual, transgender intersex and queer (LGBTIQ) persons against gender-based violence and discrimination. Moreover, the unwillingness of universities to report incidents of sexual harassment and gender-based violence was noted as a concern.

3.4.       The Committee was of view that institutions of higher learning should have empowerment programmes for young men to change their mind-set towards women and such programmes should be conducted during the orientation period of students.

3.5.       The Committee welcomed the plan by the CGE to extend its hearings to include the Technical and Vocational Education and Training (TVET) colleges since they form part of the post-school education and training (PSET) system.

3.6.       The Committee expressed its serious concerns about the under-representation of female academics at senior management level of higher education institutions. Furthermore, the alleged discrepancies in salaries paid to female and male staff, with males earning much higher for similar work at Stellenbosch University were noted as a concern.

3.7.       The Committee expressed a concern in relation to inadequate funding allocated for gender transformation programmes by universities.

3.8.       The Committee indicated that female students were the majority at institutions of higher learning, however, the scourge of gender-based violence in these institutions was shocking.

3.9.       The Committee expressed a concern about the inadequate role played by the institutional forums (IFs) to promote transformation at institutions of higher learning.

3.10.     The Committee expressed a concern about the reported conduct of the police in handling the reported cases of gender-based violence at universities.

4. Summary

The Committee welcomed the report undertaken by the CGE on gender transformation at institutions of higher learning. The interaction between the Committee and the CGE was the first of its kind, and the Committee undertook to continuously engage with the CGE on matters of gender-based violence and gender transformation at institutions of higher learning. The Committee also undertook to confer with other Committees in Parliament, which are more empowered to deal with other critical matters that the CGE raised such as the lack of police cooperation and the delays by the judiciary in assisting the victims of gender-based violence with justice.

The areas of concern for the Committee which stood out from its interaction with the CGE included: inadequate gender representation at senior management of universities; lack of existing policies at universities to promote gender equality and to protect women and LGBTIQ persons against gender-based violence and discrimination; inadequate budgets to promote transformation and gender equity; IFs inability to fulfil their legislative mandate of promoting transformation at universities and the failure of the system to promote a safe environment for women and LGBTIQ persons to live freely against any form of violence and prejudice.

5. Recommendations

The Committee recommends that the Minister of Higher Education and Training consider the following:

5.1.       The Minister should consider the possibility of compelling universities to put more financial resources towards gender transformation to promote equity.

5.2.       The Department must expedite the development of a policy framework on gender-based violence and discrimination against women and LGBTIQ persons.

5.3.       The Minister should compel universities to develop and implement policies which seek to protect the rights of women and LGBTIQ persons against gender-based violence and discrimination as well as to implement consequence management where there is non-compliance.

5.4.       The promotion of women to play active leadership role in scarce and critical skills programmes should be prioritised. More bursaries and scholarships should be devoted towards women.

5.5.       The marginilisation of female students and staff and LGBTIQ persons at institutions of higher learning should be addressed.

5.6.       University councils should ensure that the performance contracts of Vice-Chancellors have a key performance area on transformation.

5.7.       The Department should engage with universities on their plans to address gender-based violence and come to report to Parliament on their plans to curb this scourge.

5.8.       The Department should investigate the current situation and the plans to ensure that the academic programme is not disrupted at the Nelson Mandela University and report to Parliament.

5.9.       The Department should submit its report on the response to the findings and recommendations of the CGE Report.

5.10.     The Committee will confer with the Portfolio Committees on Justice and Correctional Services, Police and Women on the issue of gender-based violence.

5.11.     The CGE should engage with the universities’ Institutional Forums as the statutory structures mandated to facilitate and monitor transformation.

5.12.     The Committee will convene a follow-up meeting with the CGE and relevant stakeholders on gender transformation and gender violence at tertiary institutions.

Report to be considered.