1. Presentation to Portfolio Committee on Justice & Correctional Services
August 2014

2. CONSTITUTIONAL OBLIGATION
The Bill of Rights in the Constitution enshrines the rights of all people to the democratic values of human dignity, equality and freedom; and the State must respect, protect, promote and fulfil these rights.
The CGE’s obligation to strengthen constitutional democracy in the attainment of gender equality

3. Mandate of the CGE
Section 187 (1) of the Constitution states CGE must promote respect for gender equality and the protection, development and attainment of gender equality
Section 187(2) of the Constitution states that CGE has the power, as regulated by national legislation, necessary to perform its functions, including the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning gender equality

4. Mandate of the CGE cont...
Work of the Commission could be grouped in the following;
Monitoring and Evaluation
Research
International Work (Gender Equality International Instruments)
Investigations
Mediation, Conciliation and Negotiation
Education and Information
Lobby and Advise
Liaison with like-minded organisations

5. Mandate of the CGE cont...
Section 11 of the CGE Act provides functions and powers of CGE
CGE Act requires CGE to monitor and evaluate the practises of organs of state at any level, statutory bodies of functionaries, public bodies and authorities and private entities
CGE is authorised to make any recommendations to Parliament or any Legislature in relation to monitoring and evaluation
Carry out information and education programmes to foster public understanding of gender equality
CGE is tasked with the duty of reviewing laws and policies affecting gender equality and the status of women

6. Mandate of the CGE cont...
The Commission has a duty to investigate any gender related issues of its own accord or on receipt of a complaint
CGE is empowered to resolve the dispute through mediation, conciliation or negotiation
CGE has the power to refer the matter to the Human Rights Commission or Public Protector or any other relevant authority

7. Mandate of the CGE cont...
The Commission has wide powers of search and seizure and can subpoena any witnesses when investigating complaints in order to gather the necessary information.
Section 38 of the Constitution allows anyone to approach a competent court to enforce a right found in the Bill of Rights, additionally empowers the Commission to take a case to court on behalf of a complaint

8. Mandate of the CGE cont...
CGE has the duty to monitor South Africa’s Compliance with International Instruments ratified by South Africa relating to the objects of the Commission
The Commission must, as far as is practicable, maintain close liaison with institutions bodies or authorities with similar objectives to those of the Commission in order to foster common policies and practises and to promote cooperation where possible

9. Mandate of the CGE cont...
Section 20 (1) (f) of PEPUDA allows CGE to institute proceedings in court on behalf of any aggrieved person or group. In instances where the Presiding Officer decides to refer the matter to the Commission, the case should be dealt with in a short period of time
The Act also places a duty on the Commission to assist complainants who wish to lodge a complaint and to conduct investigations where necessary
The Act envisages that the Commission will play a role in the promotion and achievement of equality

10. OVERVIEW STRATPLAN
The Commission is now on its 3rd year of the Strategic Plan. The Vision, Mission and values have remained the same The Approved structure has been improved with an additional position to be located in the Chairperson’s office ( Manager in the Chairperson’s office) For this current year the Commission will be focusing on M & E approach rather than focusing on performance driven approach. An M& E framework will be put in place to ensure impact assessment occurs

11. VISION and MISSION Vision Mission
A society free from all forms of gender oppression and inequality
Mission
Monitor, evaluate and make recommendations on policies of the public and private sector
Information and educational programmes
Evaluate and make recommendations on legislation affecting the status of women
Investigate, resolve and rectify gender issues
Collaborate with government and civil society
Monitor and report on international conventions

12. THE UNDER DEVELOPMENT AND INEQUALITY OF THE FEMALE GENDER IN SA REMAINS
female unemployment especially in ages years
Feminization of poverty
Underrepresentation of women in decision-making
gender-based violence
Reproductive health issues
Single-headed households

13. WEAKNESSES REMAIN IN Implementation of enabling policy
Gender responsive budgeting
Gender Mainstreaming
Establishment of normative and policy framework for gender equality
Gender differences in decision making and employment
Impact of globalization on gender discrimination
Use of social networks as agents of change
Bringing gender equality into formal institutions and policies

14. CHALLENGES TO GENDER EQUALITY REMAIN IN
50/50 legislative processes
Access to socio-economic rights
Elimination of traditional gender-based discriminatory practices
Elimination of gender-based violence
Implementation of international and regional conventions, covenants and protocols
Transformation of the workplace

15. COMMISSIONERS OVERSIGHT COMMITTEES
Governance Oversight Committees by
Commissioners
Legal and Complaints
Research and Education
Strategic Planning, Annual Report and M&E
Human Resources
Audit
Finance
Information Technology and Communications
The Thematic areas house the different strategic objectives 15

16. SECTION 6 COMMITTEES
The Commission has further established one Section Six Committee that will focus on the following areas to inform programmes:-
Substantive Equality
Economic Empowerment
National gender machinery
Gender Equality and Health
Gender Based Violence
Culture, Religion and Tradition

17. Organizational Structure
Functions
Reach and breadth
Three line functions
Legal services
Policy & Research
Public Education and Information
Support
Finance HR
ICT
Communications
Nine (9) Provincial offices
6 officials at each province
2 x line function officers and interns
3 x support and administration staff
Head office
CEO
Support and Line functions
Total employees average 100 overall

18. STRATEGIC OBJECTIVES
Strategic Objective 1
To ensure the creation and implementation of an enabling legislative framework that promotes the attainment of gender equality
Planned outcome: Continuous improvements in legislation and practices to advance gender equality

19. STRATEGIC OBJECTIVES
Strategic Objective 2
To protect and promote gender equality by engaging with relevant stakeholders to educate and raise awareness on issues of gender equality, challenge patriarchal perceptions and stereotypes and take action against infringements of gender rights through the implementation of appropriate redress
Planned outcome: A society educated in constitutional rights to gender equality that demonstrates the transformative behaviour of the obligation to respect and uphold gender equality. To further ensure effective and efficient application of social justice fro victims of gender violations

20. Strategic Objective 3 STRATEGIC OBJECTIVES
To monitor state compliance with regional and international conventions, covenants and charters which have been acceded to or ratified by the Republic, relating to the objects of the Commission
Planned outcome: Assessment of state compliance with regional and international commitments that promote gender equality recommendations tabled with parliament
Strategic Objective 4
To build an effective, efficient, visible and sustainable institution that will fulfil its constitutional mandate on gender equality

21. STRATEGIC OBJECTIVES STRATEGIC OBJECTIVE 1 SUB-STRATEGIES
To ensure the creation and implementation of an enabling legislative framework that promotes the attainment of gender equality.
1. To monitor and evaluate the promotion of gender equality and any relevant policies and practices of the public and private sector and report to Parliament
2. To initiate and review for the improvement of the legislative framework in all spheres of government that impact on priority areas of gender equality
3. To conduct periodic performance assessments of priority Ministries, State institutions, Government departments, political parties and the private sector, on the implementation of applicable legislation and policies that impact on gender equality
4. To evaluate the implementation and effectiveness of the national justice facilities for gender discrimination
6. To convene direct dialogues with relevant policy makers at national and provincial level on recommendations to promote gender equality contained in research reports and research activities

22. STRATEGIC OBJECTIVES STRATEGIC OBJECTIVE 2 SUB-STRATEGIES
To protect and promote gender equality by engaging with relevant stakeholders to educate and raise awareness on issues of gender equality, challenge patriarchal perceptions and stereotypes and take action against infringements of gender rights through the implementation of appropriate redress.
1. To timeously investigate complaints of violations of gender rights and identify appropriate re­dress
2. To Initiate investigations of systemic violations of gender rights in the public and private sector and identify appropriate redress
3. To develop of a coordinated programme to promote equality
4. To initiate interventions for sustainable development and promotion of gender equality by addressing violations in the social cultural political economic security and human rights dimension
5. To collaborate with organs of state, civil society and other institutions for the effective development, protection, promotion and attainment of gender equality

23. STRATEGIC OBJECTIVES STRATEGIC OBJECTIVE 3 SUB-STRATEGIES
To monitor state compliance with regional and international conventions, covenants and charters which have been acceded to or ratified by the Republic, relating to the object of the Commission for Gender Equality
1. To conduct annual reviews and audits of state compliance with obligations under the conventions, covenants and charters and to report an a regular basis to Parliament and the Office of the Speaker of Parliament
2. To interact with and report to national, regional and international bodies on state compliance with conventions, covenants and charters acceded to or ratified and to make recommendations for improvements

24. STRATEGIC OBJECTIVES STRATEGIC OBJECTIVE 4 SUB-STRATEGIES
To build an effective, efficient and sustainable institution that will fulfil its constitutional mandate on gender equality
1. To maintain optimal governance and oversight structures and policies between Commissioners and the Secretariat
2. To develop a financial management strategy that promotes effective, efficient and economic utilisation of resources as well as accountability
3. To develop and maintain an IT infrastructure that supports and promotes the organisational objectives of the CGE
4. To develop a comprehensive HR policies, procedures and practices
5. Implement an effective communications strategy and policy that promotes and enhances a positive public image of the CGE

25. HIGHLIGHTS ON KEY ACHIEVEMENTS…..1
Monitoring and Evaluation function
Gender transformation Hearings
National Gender Barometer Report on the status of gender policies and practices in the public and private sector
Report and findings on the Assessment of Women in Political Participation and Representation
Gender Mainstreaming in the water sector
Widowhood Rites and Rights
Ukuthwala consultations
365 days programme on GBV
Assessing the effectiveness of the National Gender machinery
A gendered analysis of the NDP, vision 2030
Compliance with International instruments on Gender ( CEDAW, BPA, MDG)

26. HIGHLIGHTS ON KEY ACHIEVEMENTS…..2
Investigative and Complaints handling function
In the recent constitutional court case of Modjadji Florah Mayelane v Mphephu Maria Ngwenyama and Another.
Bhe and Others v Magistrate, Khayelitsha, and Others (Commission for Gender Equality as Amicus Curiae); Shibi v Sithole and Others; South African Human Rights Commission and Another v President of the Republic of South Africa and Another 2005 (1) SA 580 (CC)
The CGE also participated in another heralded constitutional case, Shilubana and Others v Nwamitwa (National Movement of Rural Women and Commission for Gender Equality as Amicus Curiae) 2007 (5) SA 620 (CC), traditional authorities are allowed to develop customary law in accordance with norms and values of the Constitution.

27. HIGHLIGHTS ON KEY ACHIEVEMENTS…..3
The CGE is currently litigating (be it in amicus curiae or on behalf of the complainant) in the following pertinent matters : -
In the Western Cape CGE has been entered as animus curiae in an Equality Court Matter currently before the Bellville Equality Court - Coulson v Neethling.
 In Kwa Zulu Natal is litigating within the Durban Equality Court in respect of the Complainant, Ms. Blanket.  
In Mpumalanga , the CGE is representing the Complainant in - Ericca and 1 other v Desmond Tutu Centre for Leadership ( Equality Court )

28. HIGHLIGHTS ON KEY ACHIEVEMENTS…..4
The CGE has engaged in dialogues and information sharing sessions with communities, traditional leaders, faith based organisations and non-governmental organisations on a range of gender-related issues such as
witchcraft, virginity testing, ukhuthwala, under-age/forced marriages, human trafficking, sex work, masculinity, gender-based violence (including rape and sexual harassment) and the rights of LGBTI people. The CGE has engaged stakeholders other discriminatory practices relating to maternity benefits for self employed women.
Liaison with like-minded organisations

29. The Funding environment and related concerns
The CGE funding for over 5 a year period remained at the same level despite increased mandate and public expectation on the Commission to perform at higher levels e.g. PEPUDA ( No additional funding was ever made)
This situation limits the Commission to deliver on its legislated mandate
Poor responses from state institutions to CGE work;
Monitoring and evaluation projects - lack of cooperation by departments
Reports providing for findings and recommendation submitted to Parliament but seldom engaged

30. Matrix on mandate overlap…1
SUBSTANTIVE AREAS
CGE
CRL
WOMEN’S MINISTRY
SAHRC
Developing gender related legislation  X
Gender inequality related Public Education
Research into gender inequality
Gender mainstreaming
Gender inequality related litigation (through PEPUDA)
Receiving & handling of gender inequality related complaints

31. Matrix on mandate overlap…2
SUBSTANTIVE AREAS
CGE
CRL
WOMEN’S MINISTRY
SAHRC
Promoting Gender equality  X
(Women’s right to equal of treatment)
(as part of broader Human Rights/Bill of Rights)
Women’s empowerment (economic, social & political)
Combating culturally harmful practices (harmful to gender equality)
Gender inequality related investigations
Monitoring compliance by Government & Private Sector with national/domestic policies and legislation
(Limited only to implementation of domestic legislation & Policy)
Monitoring compliance with international instruments
(Limited only to drafting country reports)
(Limited to only to broader human rights monitoring of compliance)
Developing gender related policy
(only developing policy on women)

32. DANKIE SIYABONGA THANK YOU
KEA LEBOHA
Have a gender related complaint ????
report it to
Twitter
DANKIE SIYABONGA THANK YOU