20-YEAR REVIEW REPORT

1 20-YEAR REVIEW REPORT2017 YEARSOF GENDER ON THE AGENDAR eviewing the work and contribution of the Commission for Gender Equality in South Africa (1996-2016) 20-YEAR REVIEW REPORT2017 20-YEAR REVIEW REPORT2017 YEARSOF GENDER ON THE AGENDAR eviewing the work and contribution of the Commission for Gender Equality in South Africa (1996-2016) 2 Commission for Gender Equality 20 - year REVIEW REPORT 2017 YEARSOF GENDER ON THE AGENDAR eviewing the work and contribution of the Commission for Gender Equality in South Africa (1996-2016)Tel: +27 (0) 11 403 7182. Fax: +27 (0) 11 403 7188 Email: CGEinfo@twitter Gender Commission of South AfricaISBN: 978-1-920308-62-9 Cover Design: C&R Printing Works (PTY) : Commission for Gender EqualityDesign and Typesetting: C&R Printing Works (PTY) Editing: Nicolette De BeneCopyright: 2017 Commission for Gender Equality. All rights reserved. No part of this publication may be reproduced, photocopied or transmitted in any form, nor any part of the REPORT be distributed for profit-making purposes, without prior written consent of the Commission for Gender Equality 3 Commission for Gender Equality 20 - year REVIEW REPORT 2017 YEARSOF GENDER ON THE AGENDAR eviewing the work and contribution of the Commission for Gender Equality in South Africa (1996-2016) REPORT prepared by theHuman Sciences Research CouncilProject LeaderProf Narnia Bohler-MullerProject ManagerDr Michael CosserCore research team mem-bersDr Monde Makiwane, Ms Shirin Motala, Adv.

2 Gary PienaarResearch team contributorsMs Zuziwe Khuzwayo, Mr Steven Masvaure, Ms Zandile Matshaya, Mr Thabani Mdlongwa, Dr Charlotte Motha, Ms Inga Mtolo, Mr Nedson Pophiwa, Ms Sinovuyo Takatshana, Ms Thobekile Zikhali, Mr Johan Viljoen, Ms Marie Wentzel 4 Commission for Gender Equality 20 - year REVIEW REPORT 2017 YEARSOF GENDER ON THE AGENDAR eviewing the work and contribution of the Commission for Gender Equality in South Africa (1996-2016)FOREWORD AND ACKNOWLEDGEMENTSIn 1996, Chapter 9 and Section 187 of South Africa s Constitution made provision for the establishment of a Commission for Gender Equality (CGE). This was a historic moment, especially for a country steeped in traditional, cultural, religious and social values and practices that are often inimical, or even hostile, to the mere notion of gender equality. The establishment of the CGE was therefore not only a crowning moment for the those with a vision of a society free from gender oppression and inequality, but also a declaration of commitment to gender transformation by the country s political 2016, the CGE reached a milestone 20 years of existence characterised by the typical challenges that face any organisation with the mammoth task of transforming a predominantly patriarchal society into one that not only values gender equality as enshrined in the Constitution, but also regards its future prosperity as intricately bound into the humane treatment of women and girls as equal to men and boys.

3 Such a society should also view the humane treatment of the members of the lesbian, gay, bi-sexual, trans-sexual and inter-sex community as a mark of social, cultural and spiritual CGE has, over the years, approached to the best of its abilities its mandate to promote respect for, protection, development and attainment of gender equality. It was called upon to fulfil this enormous and often daunting mandate under extremely trying circumstances. We believe that collaboration with our stakeholders both within and outside the country the South African public; government institutions; political parties; civil society organisations; fellow Chapter 9 Institutions; fellow institutions within the National Gender Machinery (NGM); development partners and activists within the gender sector, has nourished the growth and strengthening of the CGE from an institution with humble beginnings to one with a guaranteed place in the history of struggle for gender equality and transformation in South Africa.

4 We are fully aware though that celebrating the CGE s 20 years of existence inevitably attracts attention, especially critical questions regarding the significance of its contributions to, and impact on, the country s fight for gender equality and transformation. It is for this reason that the CGE commissioned the Human Sciences Research Council (HSRC) to undertake an independent REVIEW of its work, achievements and challenges over the past twenty years of its existence. This REPORT therefore contains the findings of this REVIEW . We are proud and honoured to present this REVIEW REPORT to the members of the public and our stakeholders as part of the CGE s 20-YEAR celebrations. We hope and trust that this REPORT will feed into, and enrich, ongoing policy debates about the work of the CGE, and also generate an exchange of views and ideas about the future strategic direction of the organisation. We therefore wish to express our gratitude to the CGE staff, current and previous commissioners and stakeholders who took part and made inputs into the work that went into compiling this , the CGE s 20-YEAR celebrations coincide with the end of the term of office of the current Commission Chairperson, Mfanozelwe Shozi.

5 The CGE, staff and commissioners therefore join hands in paying tribute to Mr Shozi for the dedication and leadership he has provided over a period of ten years as Chairperson, and wish him and his family boundless prosperity and fulfilment in his future ---------------------------------------- ----Mr. Mfanozelwe Shozi, Ms. Keketso Maema, Chairperson Chief Executive Officer 5 Commission for Gender Equality 20 - year REVIEW REPORT 2017 YEARSOF GENDER ON THE AGENDAR eviewing the work and contribution of the Commission for Gender Equality in South Africa (1996-2016)TABLE OF CONTENTSF oreword and Acknowledgements .. 4 List of tables .. 8 List of figures .. 9 Abbreviations used in the REPORT .. 10 EXECUTIVE SUMMARY .. 14 CHAPTER 1: INTRODUCTION .. 17 CGE commissioning of the REVIEW .. 17 Structure of the REPORT .. 17 CHAPTER 2: OVERVIEW OF THE CGE .. 19 Mandate of the CGE .. 19 Composition of the CGE .. 22 Chairperson and Commissioners.

6 22 Committees .. 22 Organisational structure of the CGE .. 23 International and regional law .. 23 CHAPTER 3: CONCEPTUAL FRAMEWORK FOR THE REVIEW .. 25 Conceptions of gender equality in law .. 25 Introduction .. 25 What equality means. Defining equality .. 25 Theory of Change and implications for the CGE .. 28 What is a theory of change?.. 29 CHAPTER 4: METHODOLOGY .. 30 Theory-based research 30 Attribution and causality .. 31 Interviews with Key 32 Selection of Key Informants .. 32 Interview schedule .. 32 Conducting of interviews .. 32 Transcription of interviews .. 33 Workshop on Theory of Change .. 33 Data analysis .. 33 6 Commission for Gender Equality 20 - year REVIEW REPORT 2017 YEARSOF GENDER ON THE AGENDAR eviewing the work and contribution of the Commission for Gender Equality in South Africa (1996-2016)CHAPTER 5: BACKGROUND AND CONTEXT .. 35 National Gender Machinery (NGM) .. 35 The National Gender Machinery in Government .. 36 The National Gender Machinery in the Legislature.

7 38 The National Machinery s independent statutory bodies .. 39 Gender equality post-1994 .. 41 Introduction .. 41 Level of achievement in gender parity, 1994-2015 .. 42 Equality in the workplace .. 46 Women s representation in Government .. 46 HIV/AIDS and gender .. 47 Gender-based violence (GBV) .. 47 Land reform and gender .. 48 Gender parity in South Africa .. 48 Overview of CGE reviews and assessments .. 48 Government-related reviews .. 49 Non-governmental Organisations (NGOs) focusing on gender equality .. 58 CGE responses to reviews and assessments .. 60 Organisational systems and issues .. 61 Operation and implementation of programmes .. 62 Relationship and interaction with government, civil society and Chapter 9 institutions .. 64 Conclusions drawn from the CGE s response to reviews .. 67 CHAPTER 6: THE CGE JOURNEY, 1996-2015 .. 68An account of the four five- year periods of the CGE s operations .. 691996 to 2000: First steps .. 692001 to 2005: The challenging years.

8 782006 to 2010: Consolidation .. 1012011 to 2015: From vision to action .. 113 CHAPTER 7: IMPACT OF THE CGE IN RELATION TO ITS MANDATE AND A THEORY OF CHANGE .. 129 CGE impact in relation to its core mandate .. 129 Core mandate: Educate the public on the promotion of gender 129 Core mandate: Engage with legislation, making recommendations about gender equality and the status of women in existing law and recommending new legislation to promote gender equality and the status of women .. 130 Core mandate: Promote gender equality .. 131 Core mandate: Investigate gender-related issues either of its own accord or in response to complaints received .. 131 CGE impact and theory of change .. 132 CHAPTER 8: CONSTRAINTS AND CHALLENGES TO CGE EFFECTIVENESS .. 133 Challenges identified in each of the five- year periods .. 133 7 Commission for Gender Equality 20 - year REVIEW REPORT 2017 YEARSOF GENDER ON THE AGENDAR eviewing the work and contribution of the Commission for Gender Equality in South Africa (1996-2016)1996 to 2000: First steps.

9 1342001 to 2005: The challenging years .. 1342006 to 2010: Consolidation .. 1362011 to 2015: From vision to action .. 137 General challenges over 20 years of CGE .. 139 Funding constraints .. 140 Strategic leadership in the CGE .. 140 Strategic approach to enhancing gender empowerment .. 141 Limitations of the CGE mandate .. 142 Appointment of Commissioners .. 142 Reasons for constraints and challenges .. 142 CHAPTER 9: RECOMMENDATIONS .. 144 Funding .. 144 Relationship with the state .. 144 Strategic focus .. 144 Use of powers .. 145 Reach .. 145 REFERENCES .. 146 APPENDIX A: INTERVIEW SCHEDULE .. 158 APPENDIX B: INFORMATION SHEET AND CONSENT FORM .. 160 8 Commission for Gender Equality 20 - year REVIEW REPORT 2017 YEARSOF GENDER ON THE AGENDAR eviewing the work and contribution of the Commission for Gender Equality in South Africa (1996-2016)LIST OF TABLEST able 1: Achievement of Millennium Development Goals .. 41 Table 2: Sexual offences against women reported from 2007 to 2012.

10 47 Table 3: CGE involvement in cases before the Constitutional Court, 1996-2000 .. 71 Table 4: CGE involvement in cases in the Constitutional Court, 2001-2005 .. 82 Table 5: CGE involvement in cases in the Constitutional Court, 2006-2010 .. 103 Table 6: CGE involvement in cases in lower courts, 2006-2010 .. 104 Table 7: CGE involvement in cases in the Constitutional Court, 2011-2016 .. 118 Table 8: CGE involvement in cases in the lower courts, 2011-2016 .. 119 9 Commission for Gender Equality 20 - year REVIEW REPORT 2017 YEARSOF GENDER ON THE AGENDAR eviewing the work and contribution of the Commission for Gender Equality in South Africa (1996-2016)LIST OF FIGURESF igure 1: CGE management organogram .. 25 Figure 2: Number of cases brought to the CGE, 2007-2011 .. 111 Figure 3: Nature of complaints brought to the CGE, 2006-2011 .. 111 10 Commission for Gender Equality 20 - year REVIEW REPORT 2017 YEARSOF GENDER ON THE AGENDAR eviewing the work and contribution of the Commission for Gender Equality in South Africa (1996-2016)ABBREVIATIONS USED IN THE REPORTAGSA Auditor-General of South AfricaAPP Annual Performance PlanASA Advertising Standards Authority / Athletics South Africa AU African UnionBCLR Butterworths Constitutional Law ReportsBPFA The Beijing Declaration and Platform for ActionBWA (South African) Business Women s AssociationC9 Chapter 9 (institution) CC Constitutional Court (of South Africa)