Presentation to the Portfolio Committee on Women in the Presidency 9 September 2014
INDEX PAGE • Introduction 2. Research Department – Programmes • The Gender Focal Person Project • The Gender Barometer Report • Monitoring Gender Based Violence (GBV) Council (365 NAP) • Policy Briefs & Dialogues 3. Legal Department • Inputs into Legislative Framework • Complaints Handling • Legal clinics • Litigation, Court Monitoring & Legal Clinics • Monitoring International Instruments (CEDAW, BEIJING and MDGs) 4. Public Education & Information • First Quarter Progress report Legal Research Pei 6. Conclusion
INTRODUCTION Introduction This is an account on work undertaken by the Organisation during the fourth quarter of last financial year, starting 1 January to 31March 2014 and first quarter of the current financial year , starting April to June 2014. Overall, work undertaken in the last quarter of the financial year represents a consolidation of work undertaken since the development and implementation of the Annual Performance Plan. The presentation will provide an analysis what has been achieved against APP targets for respective financial years.
INTRODUCTION Overview The final quarter of the financial year saw all departments striving to fully achieve the targets as set out in the APP. For the reporting period there has not been any significant development in the organisation. This quarter also saw heightened activities towards realization of the planned gender summit, finalisation and adoption of planned activities (APP) and budget for the next financial year and heightened engagement with various bills that the fourth Parliament was bringing to finalisation.
INTRODUCTION Overview The first quarter of the financial year ordinarily coincides with the regularity audit undertaken by AGSA. In line with legislative requirements the Annual Financial Statements and draft Annual report were submitted on 31 May 2014. During this quarter the Commission was also busy putting together an observer toll to be used for Elections and saw participation of all internal stakeholders in observing and monitoring elections.
LEGAL DEPARTMENT This department’s mandate by and large focuses on complaints handling, litigation, access to justice (legal clinics) and monitoring legislative developments and making inputs. The department opened 200 new cases for the last quarter reporting period. The table below represents the number of new complaints received for this reporting period.
LEGAL DEPARTMENT The following table represents the files that were brought forward from last quarter, new cases opened in the current quarter and those closed during the reporting period. The CGE handled a total of 651 complaints during this quarter, which include walk-in and telephonic complaints. Out of 651 files handled, 451 were brought forward from the last quarter and 200 were opened. For the reporting period 185 matters were finalised and closed and 466 is pending.
LEGAL DEPARTMENT • For the access to justice project, the unit held a total of 30 legal clinics across the country.
LEGAL DEPARTMENT Litigation Chiloane matter: This is a case that emanates from a complaint lodged with the Mpumalanga office. The Commission has been admitted as amicus curiae, relating chieftainship where in the applicant, Ms RessieChiloane, seeks removal of her brother as chief and claiming her rightful position as heir to the throne of her father, late chief. The case is awaiting set down of date of trial by the Johannesburg North High Court.
LEGAL DEPARTMENT XHOSA LINEAGE: The Complainant in this matter is Princess NomaxhosaSigcawu, who formally lodged a complaint with the CGE Eastern Cape Provincial Offices. Upon investigation by the Legal Officer in the said provincial office, it became clear that Complainant had been deprived of her right of becoming Queen on the basis of her gender. However a public hearing was held by the Commission for traditional leadership and disputes. The CGE accompanied the complainant during the hearings. The commission has handed down its ruling on this matter which was not favourable to the Complainant. It held that the King Xollizwe was not a regent but rather king proper.
LEGAL DEPARTMENT Judicial Transformation Complaint • This relates to a complaint lodged with the commission regarding slow pace of transformation within the judiciary. For this quarter the team interviewed role players such as Judge Presidents establishing criteria they use to appoint acting judges. • The team for the period under review interviewed and gathered further information from the Judicial Service Commission secretariat, gathering information relating to the sifting process and appointments on basis of “fit and proper”.
LEGAL DEPARTMENT • The unit further interrogated the role of the South African Judicial Education Institute in providing support and training to female Legal Professionals and assessed the impact the training has had in preparing women to apply for vacancies on the bench. • It has also come to light from these engagements that the school under the previous CJ was specifically for women abut under the current regime, the school has been opened to both males and females. Investigation is still underway.
LEGAL DEPARTMENT Sex Work Complaint The advocate has gone through the concept document outlining the legal strategy to be followed. She will be furnishing the Commission with an Opinion on whether the Jordaan case may jeopardise this process. A meeting is planned between the complainants, the Advocate and the Commission scheduled for the 19th of February 2014.
LEGAL DEPARTMENT SADTU COMPLAINT Application for matter to be referred for decision by the Equality Court. Letter addressed to the Minister for a meeting to discuss the remedy sought . Due to the fact that the Minister has not responded the CGE will be taking the matter to court on its own accord. WAY FORWARD • Further correspondence to the Minister indicating that the CGE will take the matter to court on its own accord seeing she has not been able to honour the requested meeting • Equality Court Action
LEGAL DEPARTMENT Parliamentary Submissions The department made input into to four Bills for the reporting period, namely :- • KZN Traditional Leadership Bill 2012 (October 2013) • Restitution of Land Rights Amendment Bill B35 2013 (November 2013) • Employment Equity Amendment Bill 31 B 2013 (November 2013) • Draft Traditional Affairs Bill by department of COGTA seeking to consolidate existing National legislation dealing with traditional leadership. Monitoring of International Instruments CEDAW Report has been finalised, currently being edited.
RESEARCH DEPARTMENT Programmes: For the 2013/2014 financial year Research department focused on the following research projects:- • Gender Focal Person research project • Gender barometer • Monitoring and evaluation of the National GBV Council (365 NAP) • Policy Briefs and Dialogues • Assessment of Women Political Participation and Representation • Africa Gender Development Index (AGDI)
RESEARCH Policy Briefs: Policy briefs were compiled in the previous quarters which highlight the findings and recommendations of the d research reports that were produced in the last financial year viz:- • Education report • Victims Charter • Gender Barometer
RESEARCH DEPARTMENT Policy Dialogues The Department planned to hold dialogues informed by the policy briefs, the objective of these dialogues is to ensure that findings of previous research work and related reports are disseminated to policy makers in order to contribute knowledge towards public policy debates and influence decision making processes towards promotion of respect and protection of gender equality. The unit held 24 dialogues across the 9 Provinces engaging with various Policy makers during this reporting period. The dialogues focused on findings and recommendations of the Victim’s Charter reports, Gender barometer and Gender Equity in Education.
RESEARCH DEPARTMENT African Gender Development Index (AGDI) Project • This project seeks to assess South Africa’s compliance with international obligations to promote gender equality and gender mainstreaming in line with global gender frameworks and policy instruments to which the country has assented. In particular, it seeks to assess the compliance of African countries to the provisions of international gender policy frameworks. The CGE was approached by the United Nations Economic Commission for Africa (UNECA) to be responsible for coordinating and implementing the AGDI Assessment in South Africa, using an assessment tool developed by UNECA for this purpose.
RESEARCH DEPARTMENT AGDI During the reporting period, the department developed a project work-plan and invited prospective members of the National Advisory Panel for the project. The role of the Panel will be to oversee the work to be carried out as part of the project. Due to lack of funding for the project, the prospects for undertaking fieldwork were limited. As a result of this, the focus of the project was therefore to put systems in place and to provide training, with the assistance of UNECA officials, to the members of the National Advisory Panel and project staff pending the sourcing of funding for the project.
PUBLIC EDUCATION AND INFORMATION The department is charged with developing, conducting and managing education and information programmes. This function ensures fostering public understanding of matters pertaining to the promotion of gender equality, the mandate and the functions of the Commission. For the 2013/2014 financial year PEI programmes entailed holding workshops, dialogues, campaigns, information sessions, seminars, exhibitions and radio talk- shows. The department is overseeing the Communications unit which is responsible for the transmission of key messages relating to gender equality, awareness, gender transformation, brand management, publicity and public relations. This is done through engagements with both print and electronic media. Interventions held during the reporting period:- The unit drafted a concept document to guide activities that the Commission undertook for 16 days of activism. The CGE partnered with NEMISA and SABC during 16 days.
PUBLIC EDUCATION AND INFORMATION • The main activity of the 16 days programme was monitoring of police stations where each province had to visit 5 police stations. When analysing results, it seems the Northern Cape continues to have high incidents of rape. SAPS indicated that the challenges faced by most police stations were (1) victims withdrawing cases that were opened, (2) availability of doctors with rape kits (3) investigators take too long to complete investigations. FS SAPS indicated that training of police officials is lacking which impacts on service delivery in relation to domestic violence and sexual offices cases. KZN highlighted that participants are still plagued by cultural prejudices which impacts on gender equality. They further highlighted that substance abuse often leads to violence in communities. MP indicated that Men’s forums need to be more visible in the fight against VAW.
PUBLIC EDUCATION AND INFORMATION The NCRF Partnership The Commission entered into an MoU with NCRF, with a view to ensure the CGE is given platform to discuss various topics relating to its mandate and objects in community radio stations. The topics for discussion to sensitise the public focused on the gender and elections, principle of 50/50, Gender education, Human Rights and Gender Equality and the 16 Days Campaign on No Violence Against Women & Children.
PUBLIC EDUCATION AND INFORMATION LGBTI: Engagement with LGBTI communities • This intervention was scheduled for the second quarter. Provinces who did not implement in the previous quarter, implemented the interventions in the third quarter as part of their respective corrective actions. • GP: Two engagements with LGBTI on the 01/10/2013 (meeting) at Mayfair and 26/10/2013 (info session) at the Joburg Pride at the Sandton Grounds. • WC: Hosted a meeting on the Mandate of CGE and promotion of gender Equality with the focus on LGBTI Rights in the University of the Western Cape Student Representative Council and also had a meeting with the LGBTI group’s representatives in Khayelitsha • MP: The EOconducted an information session on LGBTI with students from Tshwane University of Technology at the Nelspruit campus
RESEARCH DEPARTMENT The research department’s projects are long term projects which have already been identified in the strategic document. The only difference is that the assessments undertaken focus on different departments year on year. The following projects will be undertaken for this financial year: • Assessment of Women’s Political participation and representation • Assessment of gender mainstreaming through the Gender Barometer tool • Assessment of effectiveness of the National GBV Council • African Gender Development index (AGDI) • Drafting policy briefs and undertaking Policy dialogues
RESEARCH DEPARTMENT Assessment of Women’s Political participation and Representation • This activity forms a second phase of the report that was produced in the last financial done through the CGE/NDI partnership. The second phase entailed monitoring and/ or observing national elections. The unit for the reporting period designed the tool to be utilized by available members of the secretariat and commissioners to monitor elections. The department is currently compiling the analysis report and this will be finalised in the second quarter.
RESEARCH DEPARTMENT Assessment of gender mainstreaming though the Gender Barometer tool • This activity is undertaken on an annual basis to assess progress on gender mainstreaming. In the past three years focus has been more on government, this year there has been an add to looking into public Institutions as well. For the current financial year the focus will be on four National and corresponding Provincial Institutions.The following institution will be participating: • At National Level: • South African Broadcasting Corporation (SABC) • Department of Cooperative Governance and Traditional Authorities (COGTA) • Department of Sports, Arts & Culture
RESEARCH DEPARTMENT Provincial level: 9 x Provincial Departments of Sports, Arts & Culture Letters have been sent to the institutions identified for participation. There has been positive response from some of the above identified organizations. Research is currently making arrangements with the identified institutions for a briefing sessions and/ or training on the web based tool.
RESEARCH DEPARTMENT Monitoring GBV Council (365 NAP) This assessment will still continue for the current financial year. This follow-up assessment is even more important in light of the weaknesses that have been highlighted by the assessment undertaken in the previous financial. The aim is to monitor and track the work of the National Council on Gender Based Violence (GBV Council) in this new financial year by focusing attention on its annual programmes, projects and activities, with particular reference to the review and revamping of the National Action Plan (NAP) of the 365 Day Programme of Activism to End Violence against Women and Children. The team is currently finalizing the tool to be utilized for the assessment. There has also been slow progress on this activity due to the change in configuration of the Ministry.
RESEARCH DEPARTMENT African Gender Development Index (AGDI) Project This project aims to assess South Africa’s compliance with international obligations to promote gender equality and gender mainstreaming in line with global gender frameworks and policy instruments to which the country has acceded using a tool that is particular to Africa. A project plan has been developed and an advisory panel has been appointed. Training through UNECA was planned for the advisory but had to be postponed due to the unavailability of trainers from UNECA. The training has been scheduled for the 2nd quarter
RESEARCH DEPARTMENT Policy Briefs drafting & Dialogues In the current financial year the department is expected to hold Policy dialogues on the research reports finalised in the previous financial year. The unit will be engaging with Policy Makers on the following research reports: The GFP Project Research Report The Gender Barometer Research Report The department was for the latter end of the quarter busy drafting the Briefs and these drafts have been finalised. The there will be twenty Policy dialogues held across all the 9 Provinces and at National level.
LEGAL DEPARTMENT Inputs into legislative Framework • Draft Interest Rate Adjustment • New General Education and Training Certificate • Superior Courts Draft Amendment Bill • Remote Gambling Draft • Protected Disclosure Amendment Bill • Carbon Offset Draft Paper • Review Taxation alc. Beverages • Draft Built Environment Policy • Review Witchcraft Suppression Act • Draft Notice: Amendment various fees & tariffs
LEGAL DEPARTMENT Cases received from the Public
LEGAL DEPARTMENT Legal clinics conducted • A total of 23 legal clinics were held for the reporting period. The legal clinics were held in the following areas/ places during the quarter. • Gauteng: Bronkhorspruit , Atteridgeville Rebafenyi shelter , OR Tambo Informal Settlement, Randfontein • North-west :Setlopo Clinic-Setlopo Village(Rural Area) • Eastern cape: Mxamowethu Public Primary School – Child Protection Week Campaign , Victims Empowerment Forum – Lifeline Offices.
LEGAL DEPARTMENT Legal clinics conducted • Western Cape: City of Cape Town Gender Forum Women’s Event • Limpopo: Mankweng Magistrates Court, Seshego Magistrates Court , Flora Park High School, Moletsi Tribal Authority Offices, School For Legal Practice and Polokwane Municipality , Baltimore Primary school • Mpumalanga:Department of Justice , Msholozi Advice Centre , Grip • Kwazulu- Natal: SASSA in Pietermaritzburg • Free State: Trompburg, Marquad and Parys. • Northern Cape: Saps – Stockdale street, SAPS – De Beers. Department of Agriculture and other attendees
LEGAL DEPARTMENT Litigation: • Chiloane matter • Neil Coulson v Stepth and Marina Neethling • Ericca and 2 other v Desmond tutu centre for Leadership Court Monitoring: • 13 Courts were monitored Nationally for the period under review. These in the main included Maintenance, family, domestic violence and Equality Courts.
PUBLIC EDUCATION AND INFORMATION DEPARTMENT Overview • The CGE runs a series of interventions which includes but not limited to dialogues, seminars, and information sessions. PEI was involved in the following interventions for the period under review. Meetings to consolidate partnerships with different stakeholders were scheduled for this reporting period. • There has been an increase in requests for training on gender mainstreaming. The Office of the Public protector has also made a request for CGE to train its personnel across the Provinces on sexual harassment.
PUBLIC EDUCATION AND INFORMATION DEPARTMENT Gender Summit • The was held from 9- 11 April 2014 at the Lakes in Benoni. The event was well attended by a total of 370 participants across provinces. A Plan of Action and Conference Declaration has been developed flowing from deliberations and inputs from all breakaway and plenary sessions during the summit. Meetings with Houses of Traditional Leaders and Religious Sectors • Provinces held meetings with PHTLs and the Religious sector to discuss formalising working relations. Information sessions were held on topics that were agreed upon by CGE and the stakeholders across provinces. EC and FS have signed an MOU with PHTL
PUBLIC EDUCATION AND INFORMATION Geographical areas covered during April to June 2014
PUBLIC EDUCATION AND INFORMATION SABC Partnership in relation to Media Advocacy • CGE and the SABC held a number of meetings to explore areas of common interests. A promo was aired on #bringbackour girls • Further meetings are scheduled for the next quarter Partnership with the National Community Radio Forum(NCRF) A meeting with NCRF has been scheduled for the next quarter .
PUBLIC EDUCATION AND INFORMATION Radio interviews for period April to June 2014
PUBLIC EDUCATION AND INFORMATION Social media activity for period April to June 2014
DANKIESIYABONGATHANK YOU KEA LEBOHA ENKOSI Have a gender related complaint ???? report it to 0800 007 709 TwitterHandle @CGEinfo