Annual Report 2010/2011

11 October 2011

Introduction• For the period under review, CGE has been granted an unqualified/ clean

audit by the AGSA. This signifies a major achievement and demonstrates commitment undertaken to tackle endemic weaknesses and issues of non-compliance through actioning the turnaround strategy that was conceived in 2009/2010 and presented to Parliament

• There are still a number of matters emphasized in the report which indicate weaknesses in business processes etc

• The Commission will rigorously rectify and address these issues going forward

CGE MandateConstitutional Mandate S187 (1)

The Commission for gender equality must promote respect for gender equality and the protection, development and attainment of gender equality.

Additional Powers and Functions prescribed by National legislation S11 (1) of the CGE Act 39 of 1996

MonitorInvestigateResearchEducateLobbyAdvise Parliament and report on issues concerning gender equality

In addition to the above, the Commission is obligated to institute Proceeding in Equality Courts in terms of Section 20(1)(f) of PEPUDA

Primary objectives• To develop effective monitoring mechanisms to ensure that gender sensitive

strategies and policies programmes are implemented in public and private institutions

• To develop, conduct and manage information and education programmes to foster public understanding on matters pertaining to gender equality and the roles and activities of the Commission

• To monitor and evaluate any act of parliament, law or treaty that affects or is likely to affect gender equality or the status of women and make recommendations to parliament or the relevant legislative body with regard thereto.

• To investigate any gender-related issue on its own accord or on receipt of a complaint and endeavor to resolve any dispute or rectify any act or omission

• To create international, regional and national strategic links to ensure mutual support and effective collaboration to promote gender equality; and

• To create appropriate internal structures to promote a sustainable and effective functioning Commission

Service Delivery & Support Departments

Three Programmatic departments, namely:• Legal Services• Public Education & Information• Policy and Research

Support Departments:• Human Resources• Information Technology• Communications• Finance and Administration

Monitoring & Evaluating Acts of Parliament

15 Bills were evaluated and submissions were made to parliament on namely,

but not limited to:• Choice of Termination of Pregnancy Amendment Bill• Draft White Paper on Ukuthwala• Draft White Paper on Initiation• Prevention and Combating of Trafficking in Persons Bill• Protection from Harassment Bill• Draft Basic Conditions of Employment Bill(BCEA)• Draft Employment Equity Bill(EEB)• Draft Labour Relations Bill• Draft Employment Services Bill

Legal Services: HighlightsCEDAW Project• Developed and produced a report which was discussed and tabled with

the CEDAW Committee on South Africa’s Implementation of CEDAW 1998-2008

Beijing project• Developed and produced reports(1 national and 8 provincial reports) on

“South Africa’s compliance with the Beijing Declaration and Platform for Action.

Millennium Development Goals(MDGs)• Developed and produced a report providing a gendered review on the

“Implementation of the Millennium Development Goals”

Legal Services

New files opened during 2010/2011

Nature of complaint

GP LP WC MP NW

FS KZN EC NC HO Total

Gender discrimination

0 2 6 0 1 3 8 8 5 7 36

Domestic violence

0 2 3 5 0 1 1 0 4 2 18

Maintenance 2 1 0 5 0 5 2 3 10 1 29

Divorce 0 2 2 3 1 4 3 3 12 0 30

Custody & access

0 4 1 0 0 0 0 0 3 1 9

Estate 1 3 0 10 0 8 0 1 3 2 28

Gender based violence

0 2 0 0 0 0 2 2 0 0 6

Sexual harassment

0 0 1 0 1 1 2 1 1 1 8

Labour 0 0 3 2 1 3 0 4 5 5 23

Unlawful eviction 0 0 2 2 0 0 1 0 0 1 6

Claim for restitution

0 0 1 0 0 0 0 0 0 0 1

Tradition/ culture 0 1 0 1 0 0 0 1 0 1 4

Others 0 1 5 3 2 3 10 2 18 13 57

Total 3 18 24 31 6 28 29 21 61 34 255

Legal Services Statistics

2010/2011 Total number of cases brought forward from last financial year : 213Number of New files opened in the current financial year: 255Number of files closed as at year end: 282Number of files pending, to be carried over: 186

In 2009/2010 total number of files closed amounts to 51% in comparison to 60.2% in 2010/2011. There has been a 9% increase from the previous year

Legal Services- Statistics

Province Brought

forward filesOpened files Closed files

this financial year

Files pending

Gauteng 35 37 45 27

Limpopo 15 18 18 15

Western cape 13 24 25 12

Mpumalanga 12 31 16 27

North west 12 6 7 11

Free state 41 28 49 20

Kwazulu natal 26 29 17 38

Eastern Cape 22 21 34 9

Northern Cape 37 61 71 27

Total 215 255 282 188

Legal ServicesLitigation• Mpumalanga chieftaincy matter. The matter is between Sehlare Royal

Council, Chiloane vs the Premier and others Court monitoring• For the year under review, 19 cases were monitored countrywide. The

purpose of monitoring was to ascertain functionality of courts. 6 cases focused on LGBTI, hate crimes

Public Hearings• Two Employment Equity hearings were held which were necessitated by

the findings in the CGE Private Sector Report, CEE report 2009 and the PSC Report

• A total of 20 companies (departments and private sector) were invited to account

Public Education and information: Highlights

Human Trafficking “Red-card” campaign• Collaborative campaign with NPA and FIFA Local Organizing Committee.• Event was held in Mpumalanga• Based on the basic rules of soccer that could be explained to diverse groups of people.• Was a two-fold event- media campaign and a knock and drop information sharing exercise.

CEDAW Mock session (29 Nov to 1 December 2010)• Was held in partnership with UNIFEM(UN Women) and the Centre for Human Rights,

University of Pretoria.• Purpose of the session was to assist the government delegation in preparing for the CEDAW

Review in Geneva and secondly to facilitate

a greater understanding of the obligations the government in

terms of the CEDAW Convention

Public Education and information: Highlights

Dialogues to launch the provincial Beijing Declaration and Platform for Action

Reports• Reports were launched in partnership with Sonke Gender Justice in the

Eastern Cape, Gauteng and Kwazulu- Natal. Recommendations on their respective reports were shared

• In the North-west, Northern Cape and Mpumalanga, the CGE hosted and shared its national and provincial reports respectively

Dialogue on the launch of the MDGs report• Hosted a consultative dialogue in September 2010 to discuss the findings

and recommendations of its report with its stakeholders

Public Education and information: Highlights

Provincial dialogues on the 1996 UN Special Rapporteur Report on VAW

• A report was compiled on the causes and consequences of rape in South Africa in view of its prevalence in comparison with other countries

• This report was shared with stakeholders as part of the CGE’s 16 days of activism events

Gender and energy dialogues• It should be noted that gender and poverty has been on the development

agenda for many years• It should also be noted that women are affected differently by energy

policies and programmes• This necessitated the hosting of 8 dialogues by the CGE with stakeholders

such as the Dept of Energy, NERSA, Eskom, and NGOs.

Research Department Highlights

Victims Charter• Monitoring and evaluation of the implementation of the Victims

Charter was conducted • For the period under review the focus was on Dept of Social

Development and the NPAGender barometer• 15 departments were targeted, only 7 responded positively• The report will be finalised in the financial year 2011/2012Water study• The first phase was a desktop analysis that was based on

legislation and obligations has been finalised• Phase two of the study which will focus on water users will be

finalised in the next financial year.

Predetermined objectives vs actual implementation

Gender and PovertyConvene 4 meetings per provinceDevelop TORs/MOUs

Maternity benefits project

Gender and Energy hearings

MDGs focusing of water and sanitation

Administering of gender barometer

ACTUAL PERORMANCE• 28 meetings were held out of a

projected 36 meetings• 9 TORs were developed and signed

• The submissions on labour legislation necessitated that this project to be undertaken in 2011/2012

• 9 provincial hearings held

• MDGs dialogue held on report which was produced

• 7 departments participated out of 15

Predetermined objectives against actual implementation

Gender-based violenceCo- host campaign on human traffickingcampaign

Develop a Monitoring and evaluation tool for tracking the effective implementation of legislation

Monitoring of 365 days Plan of Action

Monitoring the implementation of the Victims Charter

Convene 4 meetings per province to consolidate partnerships. TORs/MOUs Signed. Conduct 2-4 activities per province

ACTUAL PERFORMANCE

• Co-hosted Red card campaign with NPA and FIFA Local Organising Committee

• Evaluation tool not developed, rolled over to new financial year

• Monitoring tool was developed. Actual monitoring rolled over to new financial year

• Monitoring of Dept of Social Development and the NPA. A report was produced

• 32 meetings out of 36 were held. 9 TORs were signed. 36 interventions were held

Predetermined objectives against actual implementation

Gender-based violenceEstablish reference groups to discuss GBV issues

Awareness through radio stations

Conduct Equality Act campaign during Women’s month

Conduct 16 days of activism campaign- 1996 UN Special Rapporteur on VAW

ACTUAL PERFORMANCE• Concept paper was developed. GBV at

Higher learning Institutions was established, leading to research and policy

• 153 interviews were conducted

• 6 campaigns were conducted

• Report was produced and 9 provincial dialogues were held

Predetermined objectives against Actual implementation

Gender, Democracy and Good Governance

Consultation and lobbying with Civil SocietyOrganisations

Assess and review the implementation of CALS report on pre-1994 legislation

Launch of gender barometer in provinces

Develop communication strategy

Follow-up with CGE/MDDA report and Interventions

Local Government elections project

• Consulted with Heinrich Bohl Foundation. Numerous meetings and engagement with civil society has taken place

• Not completed . Have been carried forward to new financial year

• This did not take place. The activity has been included in the APP for 2011/2012

• Has been developed. Strategy is under review

• Follow up meetings have taken place. 1 dialogue was held in KZN

• Concept paper was drafted. Letters were sent to stakeholders.

• Manifestos and IDPs were analysed in preparation for dialogue in April and monitoring on election day

Predetermined objectives against actual implementation

Gender, Culture, Religion and Tradition

Conduct and revise desktop research on harmful traditional practices

Facilitate 4 meetings with NHTL and PHTL to develop working relations to build up

to national conference. Host a national conference.

Develop partnerships to raise awareness on

Cultural, traditional and religious practices

(2 meetings per province)

ACTUAL PERFORMANCE

• Concept document has been developed

• 12 meetings were held. 17 interventions took place. 6 TORs were signed. National conference was deferred and would be discussed for inclusion in new financial year

• 18 meetings were held

Predetermined objectives against actual implementation

Gender and HIV/AIDS

Monitor awareness raising campaigns with

government on reproductive rights. Conduct 4 meetings, develop TORs, conduct interventions

Follow-up on recommendations of the CGE HIV/AIDS and elderly persons study. Facilitate meetings

Literature review on national HIV/AIDS and

STIs stratplan. Use test cases to monitor gender compliance

ACTUAL PERFORMANCE

• 4 meetings were held. 13 interventions took place. Concept document has been developed

• 5 interventions held

• Literature review completed. Interventions did not take place.

Predetermined objectives against actual implementation

National Gender Machinery

Develop training programme and roll-out training programme

Acquire ECOSOC accreditation

CEDAW Project

Beijing project

• Concept paper developed. Training programme was not rolled out. Material development was deferred.

• Applied for accreditation. Accreditation was denied

• Working group was established. Report was produced. Report was shared with parliament and the UN CEDAW committee. A mock session was held to prepare government delegation to Geneva

• Working group established. Reports were produced. 8 Dialogues were conducted

Predetermined objectives against actual Implementation

National Gender Machinery

Review South African Reservation on the protocol to the African Charter on Human and Peoples Rights on the Rights

of Women

Attending NGM and PGM meetings

Establish collaborations with C9s

• Engagement with DIRCO took place.

• 30 meetings attended

• 50 meetings and interventions held

Provincial HighlightsWestern Cape Counter Trafficking Coalition• Human trafficking seminar was held on 25 and 26th November 2010Western Cape End Hate Campaign• The Western Cape End hate Alliance was launched in 2008. Monitoring 6 hate crime

casesNorthern Cape Safer Cities Project• Participated in the Safer Cities Project with UNIFEM with particular focus on gender-

based violenceKwazulu- Natal Sugarcane serial killings case in Shayamoya• The case has been monitored since 2008 and has been finalised. The serial killer Mr

Thomazamile Taki was given 13 life sentences and 203 years imprisonment.Kwazulu-Natal Manyiseni service delivery• Partnered with Amnesty International to address service delivery which impacts on

gender equality. The matter was escalated to the Premier and MECs

Provincial HighlightsKwazulu-Natal Male Circumcision• Engaged the Department of Health and other stakeholders on the Tara Klamp apparatus

used in male circumcision. Follow-up engagements will take place in the new financial years

Gauteng Position of women and realties of women in the religious sector• Partnered with the SACC to host a dialogue to discuss religious barriers that have a

negative impact on gender equalityEastern Cape stakeholder engagement• Partnered with the SAPS during 16 days of activism on a road-show focusing on human

traffickingEastern Cape partnership with EC AIDS Council, University of Fort Hare Gender

form and RULIV• Held the Nokuzo Mfiki Memorial Lecture to commemorate Mfiki and to raise awareness

about the stigmitisation of HIV positive people

Provincial HighlightsMpumalanga Human Trafficking campaign• Held a campaign at the Oshoek border gate. Awareness was raised on the concept

of human traffickingFree State information sessions on Law of Succession and Inheritance• Information sessions were held in the Motheo, Mangaung, Thabanchu and Maluti a

Phofung DistrictsNorth-west partnership with Land Access Movement of SA(LAMOSA)• Held a roundtable to discuss the challenges women face in accessing land.

Media & CommunicationsPublications produced:• CEDAW report, BFA reports, UN Special Rapporteur report, MDGs report, Engendering

FIFA 2010 World Cup, Land Study

Media:• 511 interviews conducted• 54 press statements

End

Thank You!!!