ATC240328: Report of the Portfolio Committee on Women, Youth and Persons with Disabilities on its activities undertaken during the 6thParliament (May 2019 – March 2024)

Commission for Gender Equality (CGE)

The background and context of CGE’s work emanates from Section 181 of the Constitution (1996) and it is one of the Chapter 9 institutions which are independent entities for strengthening democracy. The CGE is therefore required to report to the National Assembly at least once a year regarding the progress of carrying out its strategic objectives. Section 187 of the Constitution stipulates that the Commission should promote respect for gender equality, and protect and develop its attainment, as well as monitor, educate, lobby, advise and report on issues related to gender equality.

 In line with the CGE’s obligation to strengthen constitutional democracy with a focus on the attainment of gender equality, the CGE has a legislative mandate and functions which include the following:

1. Monitor, evaluate and make recommendations on:

• Policies and practices of organs of state, statutory bodies and functionaries, public bodies or private businesses, to promote gender equality.
• Any existing law including indigenous law and practices.
• Government’s compliance with international conventions with respect to gender equality.

1. Propose/recommend on:

• New law that may impact on gender equality or the status of women.

1. Develop, conduct or manage

• Educational strategies and programmes that foster understanding about gender equality and the role of the CGE.

1. Investigate and resolve conflicts

• On gender matters and complaints through mediation, conciliation and negotiation or referral to other institutions.

1. Liaise and interact

• With institutions, bodies or authorities with similar objectives to the Commission.
• With any organisation which actively promotes gender equality and other sectors of civil society to further the objectives of the Commission.

1. Prepare and submit reports

• To Parliament on aspects relating to gender equality.

In addition, the Commission for Gender Equality may:

• Conduct or order research to be conducted;
• Consider recommendations, suggestions and request from any source.

The mandate of the CGE will be realised through the following 4 strategic objectives and sub-strategies:

Strategic Outcome 1: An enabling legislative environment for gender equality

The purpose of Strategic Outcome 1 is to evaluate legislation, policies, practices and mechanisms within public and private institutions and make recommendations to advance the gender transformation agenda.

Strategic Outcome 2: Gender Equality Promoted and Protected through information, education, investigations and litigations

The purpose of this Strategic Outcome 2 is to conduct advocacy initiatives and public education interventions in the promotion of public understanding of gender equality and access to gender justice.

Strategic Outcome 3: Monitoring and research investigations on issues that undermine the attainment of gender equality

The purpose of this Strategic Outcome 3 is to identify and monitor key issues that impact on gender equality, evaluate contributions by role-players to gender equality and make recommendations to promote and attain gender equality.

Strategic Outcome 4: A renewed, efficient and effective organisation that is sustainable

The purpose of the Strategic Outcome 4 is to to build and sustain efficient and effective organisational systems, operations and governance processes, for the optimal performance of the institution in executing its mandate.

National Youth Development Agency (NYDA)

The NYDA derives its mandate from legislative frameworks such as the NYDA Act (54 of 2008), the National Youth Policy (2009-2014) and the Integrated Youth Development Strategy.Section 3 of the Act mandates the Agency to develop policy and an “Integrated Youth Development Strategy”. The Act further mandates the NYDA to “initiate, design, coordinate, evaluate and monitor all programmes aimed at integrating the youth into the economy and society, guide efforts and facilitate economic participation and empowerment, and the achievement of education and training”.

The role of the NYDA is thus to:

• Lobby and advocate for integration and mainstreaming of youth development programmes in all spheres of government, the private sector and civil society.
• Initiate, implement, facilitate and coordinate youth development programmes.
• Monitor and evaluate youth development interventions across the board and mobilise youth to actively participate in civil society engagements.

As per the Revised Strategic Plan (2020-2025) and APP 2022/23, the NYDA has now three programmes namely:

• Programme 1: Administration - The purpose of this programme is to enable effective and efficient capabilities for service delivery and supporting functions.
• Programme 2: Operations (includes: economic development through youth entrepreneurship, Jobs programme, and National Youth Service) The purpose of the programme is to enhance the participation of young people in the economy through targeted and integrated economic programmes, including skills and education programmes, and national youth services.
• Programme 3: Integrated Youth Development- The purpose focuses on fostering a mainstreamed, evidence based, integrated and result oriented youth development.

Meetings held

17

30

28

44

12

131

Legislation processed

0

0

0

0

2

2

Oversight trips undertaken

0

1

2

3

0

6

Study tours undertaken

0

0

0

1

0

1

International agreements processed

0

0

0

2

0

3

Statutory appointments made

0

0

0

2

1

3

Interventions considered

0

0

0

0

0

0

Petitions considered

0

0

0

1

0

1

2019/20

N/A

N/A

N/A

N/A

2020/21

N/A

N/A

N/A

N/A

2021/22

N/A

N/A

N/A

N/A

2022/23

N/A

N/A

N/A

N/A

2023/24

National Youth Development Agency Amendment Bill (B13 -2022)

S75

The Bill seeks toamend the National Youth Development Agency Act, 2008, so as to insert new definitions; to amend the provisions relating to the objects of the Agency; to amend the functions of the Agency; to amend provisions relating to reporting by the Agency; to provide for organs of state to assist the Agency; to provide for the governance responsibilities of the Board; to provide for additional Board members; to provide that a Board member may not be reappointed for more than two consecutive terms; to provide that Board members must submit their financial disclosures; to amend matters pertaining to the meetings of the Board; to amend the funding of the Agency; to authorise the Minister to make regulations; and to provide for matters connected therewith.

Completed

National Council on Gender –Based Violence & Femicide Bill, (B31- 2022)

S75

The Bill seeks to establish the National Council on Gender-Based Violence and Femicide; to provide for the objects and functions of the Council; to appoint the Board of the Council; to provide for the appointment of members of the Board; to provide for the term of office of members of the Board; to provide for the termination of members of the Board; to provide for the to provide for the termination of membership of the Board; to provide for meetings of the Board; to provide for the establishment of committees of the Board; to provide for the appointment of the Chief Executive Officer and the Secretariat Unit of the Council; to provide for the establishment of norms and standards for the provincial and local working groups; to provide for the making of regulations; and to provide for matters connected therewith.

Completed

4-6 Sept 2020

Umthwalume, KZN Province

1. To interact with the councillors, traditional leaders and community leaders of Umthwalume in KwaZulu-Natal regarding the killings of women and issues related to gender-based violence in the area as well as to ensure that resources are available to the community of Umthwalume.

1. To visit the crime scene and meet in order to engage with the families of the victims.

• The Commission for Gender Equality should monitor cases of victims in Umthwaume and update the Committee on the progress thereof.
• The CGE should also check the legality of marriages of young women to foreign nationals.
• The Department of Police should speed up the process of investigation and arrest the perpetrators linked to the murder of women.
• The Municipality should monitor the inter-provincial movement of people in order to deal with the gender-based violence incidents.
• The traditional leaders were also urged to initiate programmes pertaining to the roles of young boys and girls in the community.

CGE reported to Committee on specific cases.

Committee to follow-up on implementation of recommendations

Not adopted

17 -23 April 2022

North- West & Gauteng Province

The overall aim of this oversight visit is twofold; firstly, to create a platform for the Committee to assess the progress and outcomes of specific programmes by the Department, the NYDA and the CGE in addressing GBVF, gender equality and youth unemployment. Secondly; it seeks to assess the progress made on the implementationof recommendations contained in research reports of the CGE related to GBV and the SAHRC on children with disabilities in particular.

Particular objectives are as follows:

1.3 With respect to the Commission for Gender Equality (CGE):

• To assess the CGE’s management and infrastructure of the provincial offices;
• To assess how matters related to complaints from civil society are dealt with at the provincial offices;
• To assess specifically the implementation of the recommendations outlined in the CGE’s Shelter report and engage with relevant stakeholders.;
• To undertake follow-up visits with the CGE Provincial Commissioner at police stations, Thuthuzela Care Centres, specialised courts) to assess progress made on the recommendations proposed by the CGE; and
• To follow-up on outstanding matters identified by the Committee in a closed meeting that related mainly to governance, human resources, finance and administration.

With respect to the National Youth Development Agency (NYDA):

• To assess the NYDA’s management and infrastructure of the provincial offices;
• To assess how services are rendered to youth at the provincial offices;
• To assess businesses funded by young entrepreneurs and engage with youth; and
• To interact with young people receiving training and young people placed in JOBS.

With respect to the Department

• To assess the Department’s management and infrastructure of the head office;
• To assess the factors facilitating and or constraining the success of the Sanitary Dignity Programme (SDP) in a province by engaging with key stakeholders; and
• To enquire about the roll-out of the SDP within the province and assess the SDP value chain and how it has manifested within a province (by engaging with the service provider/s responsible for manufacture/production, storage and distribution of sanitary products).

With respect to the SAHRC

• To assess what progress has been made in giving effect to the recommendations contained in the “Report of the NorthWest Provincial Investigative Hearing into the Lack of Safety and Security Measures in Schools for Children with Disabilities in South Africa” by visiting the North West School for the Deaf; and
• To engage with key stakeholders and identify what the subsequent improvements and challenges have been since the investigation by the SAHRC.

North -West Secondary School for the Deaf and the Department of Education

1. The Department of Education should implement a plan to either renovate or build other schools for learners with disabilities in special needs schools and ensure that adequate budget is allocated in that regard.
2. The NW Department of Education should implement consequence management against staff who signed off the incorrect advertisement for the positions at the NW School for the Deaf.
3. The NW Department of Education should prioritise the filling of vacancies at schools for learners with special needs.  To this end, the Committee reiterated that the vacant posts at NW School for the Deaf, in particular the boarding house, be filled as a matter of urgency in addition to recruiting educators competent in sign language as well as health care professionals such as an audiologist/speech therapist, an occupational therapist, a psychologist and a school nurse.
4. The NW Department of Education should address the training needs of educators at the NW school for the deaf insofar as sign language is concerned.
5. First aid training at the NW Secondary School for the Deaf should be extending to include learners.
6. The NW Secondary School for the Deaf together with the NW Department of Basic Education should collaborate with TVET colleges and the NYDA on exit strategies for learners leaving school or has passed Grade 12.
7. The NW Department of Education should investigate the matter of matric learners at NW School for the Deaf in reviewing the manner in which the final grade 12 papers were marked.
8. The Committee recommended that the national Department of Basic Education ensures that reasonable accommodation is applied to learners with disabilities when undertaking their examinations and measures should be implemented to enable these learners to gain access to do this e.g. extra time allocated 15 minutes for every hour of a written paper; use of sign language as a medium to conduct examinations in.
9. The NW Department of Education should address all issues of concern at the NW Secondary School for the Deaf by convening a meeting of all key stakeholders to resolve matters and then forward a plan on how to deal with these issues. This should be inclusive of the longstanding matters of the fire that resulted in deaths of learners; loss of belongings of the learners and staff affected. The Committee expects a report to be submitted to the Committee within 30 days after the meeting. This report should be sent to the Committee by 21 May 2022.
10. The NW Department of Education was requested to report on progress made with regards to the implementation of the recommendations made by the South African Human Rights Commission within 30 days.

South African Human Rights Commission

1. The SAHRC should use its powers to subpoena the NW Department of Education to enforce the implementation of the recommendations as outlined in the report on children with disabilities in special schools.
2. The SAHRC should consider extending its assessment of schools for children with disabilities nationally.

Commission for Gender Equality - North West Province

1. The CGE should include municipal councillors when conducting gender mainstreaming workshops.
2. The Provincial Office should submit a report on all police stations in the province that do not allow CGE to conduct its work.
3. The CGE should conduct more outreach programmes and do more awareness campaigns in communities on the role of CGE.
4. The Committee should also hold a joint meeting with the Portfolio Committee on Police and the Department of Police to discuss the issue of Members of Parliament, Members of Provincial Legislature and CGE Commissioners and support staff not being allowed in police stations to do their work. The Committee should issue a statement in Parliament on the behaviour of police officials at police stations that hinder the work of chapter 9 institutions and members of Parliament.
5. The CGE should ensure uniformity in terms of employing staff in all provincial offices.

Grace Help Centre, North West Province

1. The CGE should assist the centre and deal with challenges identified to ensure the effective running of the shelter by arranging a follow-up meeting to discuss the challenges and the way forward.
2. The Committee should also engage with the Department of Social Department on assistance provided to shelters that are lacking and not uniform.
3. The Office of the Premier along with the Provincial and National Department of Social Development should as a matter of urgency address the plight of 8 undocumented foreign national children that need to be reunited with their parents in Cape Town that are residing at the shelter.
4. The Department of Social Development should develop an exit strategy and collaborate with the NYDA to assist women and youth leaving shelters.

National Youth Development Agency Office- North West Province

1. The NYDA should work with the NW Department of Education, to identify teachers competent in sign language to be employed at a school such as the NW Secondary School for the Deaf.
2. The NYDA should collaborate with the NW Department of Education to explore options of employment of youth via the Presidential Youth Employment Initiative to address the capacity constraints at learners with special educational needs schools.
3. The NYDA should work with the Commission for Gender Equality in the province on GBVF programmes.
4. The NYDA should collaborate with the NW Provincial Department of Social Services on an exit strategy for youth leaving shelters when they are 18 years old. To this end, the NYDA should develop a strategy in this regard and submit a proposal to the Committee for consideration.
5. The NYDA should ensure that government departments procure goods and services from NYDA funded entrepreneurs. To this end, the NYDA should also market products and services of the NYDA funded entrepreneurs e.g. Tsenolo Guest House in the North West Province.

National Youth Development Agency – Ekurhuleni, Gauteng Province

1. The NYDA should engage with the landlord to ensure that the first floor is made accessible to persons with disabilities in wheelchairs.
2. The NYDA should also utilise Members of Parliament constituency offices to conduct their training programme and engage with youth. In addition, the NYDA should collaborate with university faculties and departments like psychology, occupational therapy and social work to have students to assist and run training programmes under supervision. Such a partnership will be lucrative as it provides opportunities for students to gain clinical experience in the field and for the NYDA it can increase its coverage and reach more youth through its life skills programme.
3. The NYDA should develop a strategy to improve on their branding, communication and marketing the NYDA products/programmes in order to attract youth. The NYDA should also partner with SABC as a strategy to market NYDA products.
4. The NYDA should conduct programmes in the rural areas to market products/services of the Agency.
5. The NYDA should look at its organisational structure and fill some the vacancies of the executive positions.
6. The NYDA should increase the number of young entrepreneurs receiving grants and also engage with municipalities to employ more young people.
7. The NYDA should improve on its turnaround times to approve and allocate grants to beneficiaries.
8. The NYDA should develop a legacy project to that would leave a significant impact on the lives of young people in the country.
9. The NYDA should enhance its marketing and communication strategy and consider use of influencers to do that on various social media platforms but also use Board members in advertisements to increase visibility.
10. The NYDA should also focus on young people in sports and the creative arts industry and collaborate with the Department of Arts, Culture and Sport o in this regard.
11. The NYDA should assist Bongi Hands of Gold laundry business with mentoring services (business plan, marketing, financial management, procuring industrial equipment) and assist the business with building premises in order to conduct the business. The laundry service should be extended to include dry cleaning as part of the medium to long term business plan.
12. The NYDA should ensure that owner of Bongi Hands of Gold has the mentor accompany her to established laundromats to learn from best practice.
13. The NYDA should reassess its mentorship programmes and business skills programme to determine its relevance and effectiveness.

Ikhaya Lethemba Shelter- Gauteng Province

1. The shelter should prioritise victims from the LGBTQIA+ community on its premises.
2. Management at the shelter should ensure that front of staff is adequately trained and appropriately skilled to receive visitors and victims of GBV.

Meeting with Commissioners of the CGE

1. The CGE should table its concerns formally in a report to the Committee for consideration having followed all internal processes.
2. The CGE should ensure that the researchers papers are published and accessible.

Temba Police Station

1. Temba Police Management should ensure proper signage at the entrance to the precinct that outlines services offered to victims of GBVF and other crimes. In addition, the station’s management should ensure that the precinct cleanliness and hygiene is improved along with ensuring adequate lighting during load shedding.
2. The Department of Community Safety should train more police officials to deal with GBV issues and ensure that male staff attend.
3. The Committee should write to the Department of Justice and Correctional Services and note with concern the administrative burden for complainants and police officials regarding gender-based violence cases opened at Tembe Police Station but lodged at the Mafikeng Court in North West Court instead of a local Johannesburg courts in Gauteng Province.

Department of Women, Youth and Persons with Disabilities

1. The Department should take action on failure of the Chief Director: Programme 4 to assist the Committee in its request to assist Ms Mabikwa.

1. The Department should continue to deal with the request of the Committee to assist Ms Mabikwa.
2. The Committee noted the challenges faced by North West School for the Deaf in North West Province and request the Department to assist the school.
3. The Department should deal with exit strategy of 18-year-old women leaving Shelters and copy the model used in Ikhaya Lethemba shelter to other Provinces.
4. The Department should also engage the Department of Social Department on exit strategy for women leaving shelters at an age of 18 years.
5. The Department improve on monitoring and evaluation for Programme 5 on issues related to youth.
6. The Department should provide the report to the Committee on the issue of Sanitary Dignity Programme.
7. The Department should write a report to the Committee on process of acquiring new office. The Committee should engage with the Department of Public Works and Infrastructure on the issue of the new offices of the Department of Women, Youth and Persons with Disabilities.
8. The Committee should write to the Gauteng Premier’s Office to raise concern on the issue of Sanitary Dignity Programme and indicate that the Committee expect consequence management for person responsible for not awarding tenders to service providers to distribute pads.
9. The Department should look at the building offered by the Department of Public Works and Infrastructure (DPI) to the Department of Social Development for Purpose of shelters as indicated by CGE. The Department should also look at shelters for LGBTQIA+.

Department of Social Development

1. The Department of Social Development should provide a progress update on the implementation of the recommendations made by the CGE as per its State of Shelter Report.
2. The Department of Social Development should develop and implement an exit strategy for women and youth of 18 years leaving shelters.
3. The Department of Social Development should assess the situation of undocumented minors at shelters and youth care centres and intervene accordingly.

CGE and NYDA provided progress update on specific matters.

SAHRC submitted a follow-up document to the Committee.

Committee to follow-up on implementation of recommendations

Adopted on 6 September 2022

03 -06 July 2022

Eastern Cape Province

The overall aim of the oversight visit:

• To meet with the families of the bereaved teenagers.
• To engage with key stakeholders related to the tragic incident. These stakeholders would include South Africa Police Service (SAPS), the Eastern Cape Liquor Board and the National Youth Development Agency and the Buffalo City Municipality Metro.

The specific objectives for the respective meetings have been outlined below:

Meeting with SAPS

• To engage with Station Commander and Designated Police Officer (DPO) for liquor regarding the Enyobeni Tavern tragedy.
• To gain insight into process of liquor licence for liquor outlets and in specific the Enyobeni Tavern.
• To establish what mechanisms are in place to deal with complaints by the public about taverns/shebeens.

Meeting with Eastern Cape Liquor Board

• To engage with EC Liquor Board and understand its process for issuing and rescinding liquor licences
• To establish how and why Enyobeni Tavern received its liquor licence and why it was subsequently revoked.
• To determine what programmes the Board has in place to focus on youth, alcohol abuse and prevention of under-age drinking.

Mass memorial service

To attend the mass service and represent Parliament of Republic of South Africa.

General recommendations

• The Committee will write to the Premier and the MEC for COGTA to raise concerns experienced regarding the conduct and behavior of the Deputy Mayor and the Councilors during the meeting with the families of the deceased.
• The Committee will hold a joint meeting with the Portfolio Committee on Trade & Industry to engage with the Portfolio Committee on Trade, Industry and Competition on progress update with regards to the Liquor Amendment Bill with response to the change to the minimum legal age for drinking.
• The Eastern Cape Government should support the initiative by the Department of Social Development to build the family culture by providing financial and human resources for this initiative.
• The Provincial Department of Social Development and Provincial Basic Education should respond in writing to the Committee to the questions/comments that were not responded to.
• The Committee will send in writing questions to other departments and stakeholders especially to those departments dealing with youth issues.

Engagements with the Justice Crime Prevention and Security Cluster

• The MEC should assist with the families who will bury their children outside Buffalo City Municipalities.

Provincial Department of Basic Education

• The Department should include activities in their curriculum during school holidays for youth.
• The Department should work with other Departments such as the Department of Social Development to develop recreational activities for children during school holidays.
• The Department should ensure that sports facilities for children are established in schools.

South African Police Services

• The role of SAPS in responding to contraventions of the Eastern Cape Liquor License Act must be reassessed.
• SAPS must respond in writing to concerns raised about the slow response to complaints by the community regarding the Enyobeni tavern on the night of the tragedy.

Eastern Cape Liquor Board (ECLB)

• The ECLB should develop a monitoring tool to assess the reliability and effectiveness of community consultations undertaken in the liquor application process.
• The ECLB should implement stringent processes to ensure adequate community consultations take place during the liquor application process.
• The ECLB should submit inspections report conducted for Enyobeni tavern to the Committee.
• The ECLB should also send/forward the amended Eastern Cape Liquor Act to assist the Committee to engage with the Department of Trade, Industry and Competition.
• The ECLB should review its process for approving licenses to taverns.

Department of Social Development

• Psycho-social support should be provided to the families of the deceased and all youth affected by the Enyobeni tragedy.

No responses received

Committee to follow-up on implementation of recommendations

Adopted on 6 September 2022

30 Jan – 3 Feb 2023

KwaZulu-Natal Province

The overall aim of this oversight visit is to firstly, to create a platform for the Committee to assess the progress and outcomes of specific programmes by the Department, the NYDA and the CGE in addressing GBVF, gender equality and youth unemployment. The Committee is particularly concerned about reports of gender-based violence in the Bergville area. Secondly; the Committee seeks to engage with flood victims in the Durban area in light of concerns received about the safety of women and children living at the temporary accommodation provided by the Province.

General recommendations

Office of the Premier, KwaZulu-Natal

• Flood victims: The Office of the Premier together with the relevant key stakeholders should address the safety and security of women and children living at Crystal Valley Residence.
• RRTs: The Office of the Premier should consider taking on the RRT as its legacy project and rolling it out to all 11 districts in partnership with the Provincial Department of Social Development and donors.

5.2 eThekwini Municipality

• The municipality together with the Provincial Department of Human Settlements and the Housing Development Agency should identify more suitable land for the resettlement of flood victims in an area that does not pose as a flood risk.
• The municipality should ensure effective communication with flood victims residing at Crystal Valley Residence in a timeous manner on matters pertaining to their living arrangements and relocation.
• The municipality should submit a report and explain why the RRTs have not been absorbed as agreed to.

Provincial Department of Human Settlements

• More reasonable time frames need to be allocated for the relocation of flood victims.
• The Department of Human Settlements together with the eThekwini municipality should assist flood victims with skills to rebuild homes upon relocation to safe and secure land.
• An investigation should be undertaken to determine why the Crystal Valley Residence site was closed on the system but the Housing Development Agency had secured a lease at a cost of R17.8 million for flood victims for a period of 24 months.

5.4 Housing Development Agency

• An investigation should be undertaken to determine how the tender was issued for the relocation of flood victims to Crystal Valley Residence for a period of 24 months at a rate of R2400/bed at a total cost of R17.8 million.
• The reunification of mothers with children at Crystal Valley Residence must be considered together with the relevant key stakeholders.

5.5 Provincial Department of Social Development

• Flood victims: The Department to provide psychosocial support to flood victims living at Crystal Valley Residence.
• RRT: The Department must commit and strengthen its relationships with RRTs in the districts.
• The Department should establish shelters in the areas where RRTs are working.

Provincial Department of Education

Flood victims

• The Department should address the need to scholar transport for learners living at Crystal Valley Residence.
• The Department should address the urgent need for early childhood development and general access to education for children living at Crystal Valley Residence.

Special Olympics, Sport for Social Change Network

• The Department should absorb youth volunteers into its employ and ensure the sustainability of the programme in the long term.

5.7 Provincial Department of Health

• Flood victims: The Department to facilitate access to primary health care including health care documentation (e.g. clinic cards) immunisation and sexual reproductive health for residents of Crystal Valley Residence.

5.8 Provincial Department of Home Affairs

• Flood victims: Assist flood victims access identification documentation that was lost as a result of the floods.

5.9 Provincial Department of Police - Amangwe Police Station, Loskop

• The deplorable conditions of holding cells must be addressed as a matter of urgency together with need for water and sanitation and a generator at the police station.
• The police station should be equipped with adequate personnel and resources.
• Police officers should be receiving trauma debriefing and counselling on a regular basis given the high levels of violence in the area.
• The police should ensure it has outreach initiatives on crime prevention and partner/collaborate with key stakeholders in this regard.

Provincial Department of Trade and Industry and Competition

• The Department should engage with the Lotto Board to re-examine its funding criteria for NGOs providing sporting programmes for persons with disabilities as the limitation on funding was discriminatory on the basis of disability.

Department of Women, Youth and Persons with Disabilities

• The Department to account why senior officials did not attend the oversight visit in KZN.

Rapid Response Team

• The Department to account why it has not actively coordinated GBV insofar as RRTs are concerned and why it has not facilitated the absorption of the RRTs into government.
• The Department to clarify why it has misrepresented the actual number of RRTs that were established which were 4 as reported on during the oversight visit versus the 11 in all districts which the Department reported to the Committee in its annual report 2021/22.
• The RRT should consider expanding its prevention initiatives to institutions of higher learning and engage with the student representative councils.

Sanitary Dignity Programme

• The Department to account why none of the recommendations proposed by the Committee in 2021 were implemented in KZN as the same service provider had been appointed and the challenges have remained the same women, youth and persons with disabilities not entirely benefitting from the SDP value chain.

National Youth Development Agency

• The NYDA should strengthen its outreach and assistance to youth living in rural areas and townships.
• Flood victims: NYDA to assist youth at Crystal Valley Residence with skills development (e.g. reconstruction and building homes) and employment opportunities and any other services rendered by the Agency. The NYDA was also requested to work directly with the Office of the Premier in this regard as well as with the Provincial Department of Social Development who have funded skills initiative programmes targeting youth. Furthermore, the NYDA was requested to investigate all other sites where flood victims are located in order to extend its reach and assistance. To this end, the Committee recommended that Board officials and relevant staff be assigned for 1-2 weeks to assist with this initiative. The NYDA was given a time frame of 3 months to implement a programme and report back to the Committee accordingly.
• RRT: The NYDA to partner and collaborate with RRTs and implement practical GBV prevention programmes within communities.
• SDP: The Committee recommended that the NYDA assist youth by facilitating access to opportunities within the Sanitary Dignity Programme throughout the value chain.
• School Nutrition Programme: The Committee recommended that the NYDA explore opportunities for youth to benefit within the School Nutrition Programme within the province and collaborating with the Provincial Department of Basic Education in this regard.
• DSD: The Committee recommended that the NYDA partner with provincial DSD’s on skills development programmes like that in Wentworth and replicate it in other provinces and supply for e.g. start-up electrical kits. Partnerships in this regard would assist the NYDA in stretching its targets.
• Cell phone repairs: The Committee recommended that the NYDA replicate its Gauteng cell phone repairs as a skills development and entrepreneurial opportunity to unemployed youth in KZN.
• Board representation: The Committee recommended that the NYDA Board member/s attend stakeholder initiatives in provinces and a community level as such events should not only be attended by NYDA officials.
• Port St Johns: Mr Avela to monitor developments at the agricultural project in Port St Johns and ensure that youth benefit from opportunities yielded. The Committee should be kept abreast of progress and developments.
• NYS - Sport for Social Change Network & Special Olympics: The NYDA should continue funding this initiative and assist with sustainability of the programme in the long term by collaborating with the Office of the Premier, the Department of Basic Education and the Department of Sports, Arts and Culture to look at incorporating the youth volunteers in long term employment. Furthermore, the NYDA should assist the NGOs with institutions of higher learning to facilitate accessing tertiary qualifications.

Commission for Gender Equality

• The CEO was requested to review all lease agreements for CGE offices across all 9 provinces and assess the feasibility and accessibility.
• The CGE to ensure appropriate signage for the Durban CGE office.
• The CEO to follow-up with the Legal Practice Council on the reinstatement of the CGE as a legal entity and report back to the Committee accordingly at the next quarterly report briefing.
• The CEO was requested to follow-up and provide a progress report with regards to the Botha matter, Deyi matter, payment to certain officials due to irregularity in the internal policy and the leave gratuity payment to a former CEO.
• The Committee recommended that an office manager be placed in the Office of the Chairperson to proof read amongst others documentation submitted to the Committee for consideration as well as manage correspondence sent.
• The Committee supported the renewal of the MOU with the Office of the Premier regarding ukuthwala and suggested that an event be held to launch a campaign which should be televised and broadcasted widely. To this end, the Committee also recommended that the CGE partner with institutions of higher learning and the Department of Basic Education and raise awareness on matters pertaining to ukuthwala. Similar initiatives should also be done in other provinces dealing with the same matter like the Eastern Cape and Limpopo Provinces.
• The Committee welcomed the IDP initiative as a mechanism to involve women at a local level and give voice to their concerns and needs and encouraged the CGE to replicate the approach in all 9 provinces.
• The Committee encouraged the CGE to foster and build meaningful partnerships with Government and other Chapter 9 institutions to increase its reach and footprint on the ground by harnessing critical mass.
• The CEO was requested to provide a progress report on the policy managing relations between Commissioners and staff, the Commissioners Handbook, linking the provision of the prohibition of child marriages in the amended SADC Protocol to the Ukuthwala initiatives and the requirement of timesheets for part-time Commissioners.

Portfolio Committee on Women, Youth and Persons with Disabilities

• Ms Masiko and Ms Hlengwa to follow-up on projects, programmes and sites visited in KZN by the Committee and report back to the Committee accordingly on progress made.
• The Committee to refer matters identified during oversight to the relevant Portfolio Committee and Department and monitor outcomes hereto.

CGE has briefed the Committee with a progress update on 05 March 2024. CGE in turn to provide written report and follow-up on implementation of recommendations.

Committee to follow-up on implementation of recommendations

Report not adopted

17-21 April 2023

Mpumalanga Province

overall aim of this oversight visit is to firstly, to create a platform for the Committee to assess the progress and outcomes of specific programmes by the Department of Women, Youth and Persons with Disabilities, the National Youth Development Agency (NYDA) and the Commission for Gender Equality (CGE) in addressing gender-based violence and femicide (GBVF), gender equality and youth unemployment. The Committee is particularly concerned about gender-based violence and high youth unemployment in the Province.

With respect to the Commission for Gender Equality (CGE):

• To assess the CGE’s management and infrastructure of the provincial office;
• To assess how matters related to complaints from civil society are dealt with at the provincial offices;
• To undertake follow-up visits with the CGE Provincial Commissioner at police stations and assess progress made on the recommendations proposed by the CGE.
• To undertake visit to shelters and or Thuthuzela Care centres as part of the ongoing and follow-up work by the CGE on matters related to gender-based violence.

With respect to the National Youth Development Agency (NYDA):

• To assess the NYDA’s management and infrastructure of the provincial office;
• To assess how services are rendered to youth at the provincial offices; and
• To assess businesses funded by young entrepreneurs and engage with youth entrepreneurs.

With respect to the Department

• To gain insight and assess the work of the Rapid Response Teams established in the Province;
• To assess the factors facilitating and or constraining the success of the Sanitary Dignity Programme (SDP) in the province by engaging with key stakeholders; and
• To enquire about the roll-out of the SDP within the province and assess the SDP value chain and how it has manifested within a province (by engaging with the service provider/s responsible for manufacture/production, storage and distribution of sanitary products).

Commission for Gender Equality (CGE)

• The Committee resolved not to accept Commissioner Deyi’s apology taking into account accountability to the Committee and requested the CGE to submit a report on Commissioner Deyi’s programme of activities which should be include of support rendered to Commissioner Ntuli-Tloubatla in Mpumalanga Province. The CGE should also provide an account of payment to the respective Commissioner for services rendered, how this is accounted for and reconciled.
• The Commission for Gender Equality should assist widows and taxation of deceased estates by engaging with SARS on what legislative reforms are required in order to alleviate the financial burden on widows.
• The Commission for Gender Equality should assist the Committee in this regard on how to resolve the non-attendance of Commissioner Deyi in Committee’s meeting.
• The Commission should ensure follow-up of its research reports and assessments of police stations/shelters/TCCs to determine what if any progress has been made. Furthermore, the Committee recommended that the Commission sends its reports to the relevant authorities in Government and not only rely on the media launch of reports to raise awareness of key findings and recommendations.
• The Commissioner/s deployed to the Mpumalanga Province should engage on a quarterly basis with the Provincial Commissioner of Police, IPID and the Civil Secretariat of Police on matters identified and recommendations made. Similarly, the Commissioner/s should engage with the relevant structures in the NPA. To this end, a progress report should be presented to the Portfolio Committee on both the achievements and challenges.
• The Commission should submit to the Ad Hoc dealing with floods in Parliament their submission, a gender responsive disaster management response to natural disasters, in assisting them on how to deal with the floods.

Thuthuzela Care Centers (TCC): Themba Hospital and Rob Ferreira Hospital

• Due to the sub-standard conditions observed at the TCC at Themba Hospital, the Committee resolved to meet with the hospital CEO and Department of Health (DOH) and other stakeholders to discuss the issues raised. The TCC was located opposite a hospital tuck shop at the entrance of a waiting area for general hospital patients with no privacy afforded to GBV victims. Furthermore, the consulting room was not conducive nor was the examination room it was poorly lit and ventilated and dirty. There did not appear to be any lock up facility of patient folders either. As there was no reception area, just a room with a desk old couches and a broken table their consultation could not be done in private if there was more than one victim to be assisted.
• Both Thuthuzela Care Centre in Themba Hospital and in Rob Ferreira Hospital should have signage which guides the victims.

Provincial Department of Social Development – Implementation of the Sanitary Dignity Programme.

• The Committee resolved to write to the province’s MEC for Social Development, the Head of Department, the Chief Financial Officer as well as the Bid Committee, requesting them to provide clarity on allegations of malpractice that include price inflation, supply of poor quality and faulty products, amongst others. Following responses from the above stakeholders, the Portfolio Committee will assess and take the necessary action where needed.
• The Committee resolved to engage with SCOPA on the SDP in light of the serious allegations of financial misconduct raised and request for a joint meeting in order to hold the relevant stakeholders to account.

Provincial Department of Social Development – Implementation of the Sanitary Dignity Programme.

• The Committee resolved to write to the province’s MEC for Social Development, the Head of Department, the Chief Financial Officer as well as the Bid Committee, requesting them to provide clarity on allegations of malpractice that include price inflation, supply of poor quality and faulty products, amongst others. Following responses from the above stakeholders, the Portfolio Committee will assess and take the necessary action where needed.
• The Committee resolved to engage with SCOPA on the SDP in light of the serious allegations of financial misconduct raised and request for a joint meeting in order to hold the relevant stakeholders to account.
• NYDA to look at a voter programme and ensure that Home Affairs and IEC are part of the project as many young people do not have IDs or even birth certificates, as well as work with municipalities and local/provincial government. The NYDA should have a massive funded programme to ensure that young people vote in the next election in 2024.
• The NYDA should encourage young people to get involved in nature conservation and veterinary studies considering the location of the Kruger National Park in the Province. The NYDA should also encourage young people to be involved in agricultural activities and be involved in timber industry.
• The NYDA should consider using unemployed/unplaced young teachers and utilise them for literacy programmes.
• The NYDA should expand the scooter project into other Provinces at national levels and develop partnership with other stakeholders on the project.  

GRIP

• The Committee will engage with the Department of Justice and Correctional Services and the Department of Police (SAPS) to raise issue of concern with regards to participation of National Prosecuting Authority (NPA) in Thuthuzela Care Centre in Mpumalanga Province. The Committee will also engage with the Department of Police to raise issues of concerns with regards to vehicles in police stations in particular Masoyi Police Station, Mpumalanga Province.
• GRIP to collaborate with NYDA in the Province on the skills development initiatives as well as business training and support.

Office of the Premier, Mpumalanga

• The Office of the Premier (OTP) could not respond to all concerns raised by the Committee due to time constraints. The Committee agreed that the OTP should respond in writing to the Committee on all issues raised. In addition, the OTP should also respond in writing to structured questions of concerns from the CGE.

Department of Women, Youth and Persons with Disabilities

• The Committee would address the matter of the Department’s absence during the oversight and lack of cooperation leading up to the visit.

A letter was written to the Provincial Social Development: Directorrequesting them to provide clarity on allegations of malpractice that include price inflation, supply of poor quality and faulty products, amongst others wit regards to the implementation of the Sanitary Dignity Programme. No responses was received.

CGE provided progress report and updated Committee regularly.

Committee to follow-up on implementation of recommendations

Not adopted

Date

Country visited

Objectives

Status of report

17 -24 June 2023

Germany

1. To engage with the relevant government departments responsible for addressing the issues impacting on women, youth and persons with disabilities.
2. To observe how a country such as Germany ensures a better life for all its citizens particularly women, youth and persons with disabilities.
3. To enable the Committee to develop sound recommendations to Parliament in relation to its findings to improve the lives of the afore-mentioned target groups.

1. To engage with the German Institute for Human Rights (Deutsches Institut für Menschenrechte), Germany's independent national human rights institution.
2. Identifying best practice models for the Department of Women, Youth and Persons with Disabilities, the Commission for Gender Equality and the National Youth Development Agency.
3. To engage with Parliamentary committees (at Bundestag) and identify best practice insofar as the legislation pertaining to gender, youth and disability is concerned and oversight hereto.

Not adopted

28 August 2019

Agreement Amending SADC Protocol on Gender and Development

To align the Protocol to be in line with the SDG’s

Report adopted

9 November 2022

Amendment to article 20 (1) of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), tabled in terms of section 231 (2) of the Constitution, 1996.

To eliminate discrimination against women and girls in all areas and promotes women’s right and girls’ equal rights

Report adopted

30 October 2023

Protocol to the African Charter on Human and People’s Rights on the Rights of Persons with Disabilities in Africa,

To promote, safeguard and ensure the complete and equal exercise of all human and people’s rights for individual with disabilities in Africa

Report adopted

25 July 2019

Nomination of suitable candidates to serve on the Board ofNational Youth Development Agency

3 years

Adopted

03 Sept 2020 (NA House Resolution)

Nomination of suitable candidates to serve on the Board of National Youth Development Agency

3 years

Adopted

31 May 2022

Nominations of suitable candidates to serve as Commissioners in the Commission for Gender Equality

5 years

Adopted

07 Nov 2023 (letter from Deputy Speaker)

Nominations of suitable candidates to serve as Commissioners in the Commission for Gender Equality

5 years

Adopted

Date of referral 

Expected report date

Content of referral 

Status of Report

7 September 2021

06 September 2022

Petition calling for the establishment of the National Council on Gender Based Violence and Femicide

Adopted

29 August 2023

Not yet considered

A petition from Team Free Sanitary Pads, calling on the Assembly to investigatethe introduction of a Menstrual Health and Hygiene Management Bill and itssubsequent enactment as law. (Ms T Bodlani)

Not yet considered

Department of Women, Youth and Persons with Disabilities

Disability Bill, SAYD Bill and WEGE Bill have yet to be tabled by the Department.

Follow-up with provinces on the SDP.

Establishment of RRTs in all provinces.

Commission for Gender Equality

CGE’s legal standing with the Legal Practice Council.

Report on policy governing relations between Commissioners and the administration

National Youth Development Agency

Outcomes of investigation against CEO.

31 May 2019

None

Investigative Report of the Commission for Gender Equality – State of Shelters in South Africa – 2018

Minutes adopted

31 May 2019

None

Report of the Commission for Gender Equality – Gender rights under Culture rites: Assessing women’s empowerment through Houses of Traditional Leaders in South Africa – 2018.

Minutes adopted

31 May 2019

None

Report of the Commission for Gender Equality on Gender Transformation in Tertiary Institutions for 2018/2019

Minutes adopted

31 May 2019

None

Report of the Commission for Gender Equality – Bound by duty to care: Assessing Correctional Service Centers on the health and Welfare Services for Female Offenders – 2018

Minutes adopted

31 May 2019

None

Report of the Commission for Gender Equality on Gender Transformation on Procurement for 2018/2019.

Minutes adopted

3 March 2020

None

Commission for Gender Equality Investigation Report on the forced sterilisation of women living with HIV/ AIDS in South Africa.

Minutes adopted

3 October 2019

None

South African Human Rights Commission: Report of the North West Provincial Investigative Hearing into the Lack of Safety and Security Measures in Schools for Children with Disabilities in South Africa

Minutes adopted

31 May 2021

None

Report of the Commission for Gender Equality on Gender Transformation on Procurement for 2018/2019.

Report of the Commission for Gender Equality on Gender Transformation in Tertiary Institutions for 2018/2019.

Report of the Commission for Gender Equality – Gender rights under Culture rites: Assessing women’s empowerment through Houses of Traditional Leaders in South Africa – 2018.

Minutes adopted

31 May 2021

None

Report of the Commission for Gender Equality – Bound by duty to care: Assessing Correctional Service Centres on the health and Welfare Services for Female Offenders – 2018.

Minutes adopted

31 May 2021

None

Commission for Gender Equality Report on Balancing the scales: Reviewing development in women’s representation in Politics and Government between the 2014 and 2019 Elections.

Minutes adopted

31 May 2021

None

Commission for Gender Equality Report on Elections and Gender Mainstreaming: Assessing gender issues and women’s representation in South Africa’s 2019 Elections.

Minutes adopted

31 May 2021

None

Research Report of the Commission for Gender Equality – The Bare Minimum: South Africa’s Compliance with CEDAW Committee 2011: Concluding Observations and Recommendations for 2020.

Minutes adopted

31 May 2021

None

Report of the Commission for Gender Equality on Government’s Emergency Response Action Plan (ERAP) on Gender-based Violence and Femicide.

Minutes adopted

31 May 2021

None

Report of the South African Human Rights Commission of the North West Provincial Investigative Hearings into the lack of safety and security measures in schools for children with disabilities in South Africa.

Minutes adopted

31 May 2021

None

Commission for Gender Equality ProgressReport: Transformation in the Public and Private Sectors.

Minutes adopted

31 May 2021

None

Commission for Gender Equality Progress Report on the State of Shelters in South Africa – 2021.

Minutes adopted

31 May 2021

None

Report of the Commission for Gender Equality on an Investigation into choice of termination of pregnancies in South Africa – 2021.

Minutes adopted

21 July 2022

None

Report of the Commission for Gender Equality: Progress report on Gender Transformation Investigations in Technical and Vocational Education and Training (TVCT) Colleges 2022

Minutes adopted

19 June 2023

None

Commission for Gender Equality: Assessing the Effectiveness of the Gender Focal Persons/Points in South Africa: Government’s Response to Gender Findings and Recommendation 2023

Not yet considered

19 June 2023

None

Commission for Gender Equality: Missing pieces of the Puzzles-CGE’s assessment of the government 2023

Briefing by CGE on 5 March 2024

19 June 2023

None

Commission for Gender Equality: Final Report: Investigation into the State of Shelters 2022/2023.

Minutes adopted

19 June 2023

None

Commission for Gender Equality: Report on Gender Transformation: Public andPrivate Sectors 2022/23.

Not yet considered

19 June 2023

None

Commission for Gender Equality: Sharing is Caring: Gender Responsive PlanningBudgeting Experiences and Lessons from Africa – 2023.

Not yet considered

19 June 2023

None

Commission for Gender Equality: Activity Report on the Maputo Protocol 2023

Not yet considered

19 June 2023

None

Commission for Gender Equality: Learner Pregnancy-Policy interplay: schooldropout of adolescent girl during pregnancy and in the postpartum period inselected South African 2023.

Briefing by CGE on 4 March 2024

21 July 2023

None

Report of the Commission for Gender Equality: Investigation into the State of Shelters in South Africa: Implementation of Recommendations

Minutes adopted

21 July 2023

None

Report of the Commission for Gender Equality: Transformation in the Public and Private Sector 2021/2022: Report Back on Progress.

Not yet considered

21 July 2023

None

Report of the Commission for Gender Equality: Progress report on Gender Transformation Investigations in Technical and Vocational Education and Training (TVCT) Colleges 2022

Not yet considered