Report of the Joint Monitoring Committee on Improvement of Quality of Life and Status of Women, dated 17 September 2003:
The Joint Monitoring Committee on Improvement of Quality of Life and Status of Women, having undertaken study tours to Provinces (2000 – 2003) to monitor the implementation of the Domestic Violence Act [Act No.116 of 1998] and the Maintenance Act [Act No.99 of 1998], reports as follows:
1. Background
The Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women (hereafter JMC) undertook study tours to all provinces between April 2000 and May 2003. The study tours formed part of the monitoring and oversight function of the Committee as well as its obligations to fulfill the country’s commitments towards the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Beijing Platform for Action. The study tours were thus specifically geared towards:
Collecting and collating information from role-players such as magistrates, prosecutors, non-governmental organisations (NGOs) and the South African Police Service (SAPS) on the implementation of the Domestic Violence (DVA) and Maintenance Acts (MA).
Educating women about their rights as contained in these pieces of legislation.
Visiting provincial gender machinery (such as the Office on the Status of Women) and the provincial departments (Gender Focal Points) and collating information relating to their terms of reference and functioning.
Visiting the Committee’s counterparts in the Legislatures and ascertaining what problems have emerged with the two pieces of legislation through the provincial Committees (and/or Parliamentary Women’s Caucus’) oversight function.
The latter two objectives were added to the objectives of the study tours that were undertaken in 2002 and 2003. In Gauteng, the JMC also monitored the implementation of the Child Support Grant.
Provinces were visited by delegations of the JMC during the following periods:
· Mpumalanga – April 2000.
· Western Cape – April 2000.
· Eastern Cape – June 2000.
· Limpopo – June 2000.
· Free State – November 2002.
· KwaZulu-Natal – November 2002.
· Northern Cape – May 2003.
· Gauteng – May 2003.
· North West – May 2003.
This report presents the findings [1] of the Committee with regard to the implementation of the Domestic Violence Act [2] and the Maintenance Act [3] . It will delineate the gains made with the Acts, the implementation problems experienced and recommendations made for the successful implementation of the Acts [4] . It should be borne in mind that one of the main objectives was to elicit problems with the implementation of Acts. Thus, the information collected on progress or achievements of the Acts are limited.
The report also discusses the findings of the Committee with regard to the Gender Machinery, with the focus on the Offices on the Status of Women (OSWs) and Gender Focal Points (GFPs). The JMC had met with the entire Gender Machinery, which included the legislative committees, OSWs, GFPs and representatives of the Commission for Gender Equality (CGE). The findings of the latter only pertain to the North West, Gauteng, KwaZulu-Natal, Free State and Northern Cape. Furthermore, it should be noted that Gauteng does not have an OSW, but that the functions are performed by the sub-directorate on HIV/AIDS and Gender in the Directorate of Social Development in the Office of the Premier.
2. Successes of the Acts
2.1 Domestic Violence Act
· The Act is a constructive piece of legislation that is designed to prevent and/or stop the abuse of women.
· Many stakeholders in the various provinces reported great improvements since the enactment of the Act. Members of the public were aware of the Act and the possible action that could be taken when domestic problems are experienced.
· Prosecutors stated that inroads have been made in dealing with issues concerning women and children. This is evident in the establishment of the Sexual Offences and Community Affairs Unit in Pretoria.
· In some provinces, specialised courts have been established to deal with issues affecting women and children (KwaZulu-Natal and Western Cape).
· A more effective service is being delivered where there are specialised prosecutors and specialised courts.
· Domestic violence against women and children are treated as a priority area for the South African Police Services (SAPS).
· In some of the provinces, NGOs and volunteers play an important role in the delivery of services at courts and police stations (KwaZulu-Natal, Northern Cape, Gauteng and North West). Police also encourages complainants to contact NGOs, such as Lifeline, to help them deal with their trauma.
· There has been a change in the way domestic violence cases are dealt with. Some magistrates and SAPS members are reportedly treating it with the necessary seriousness.
· Inter-governmental forums or inter-sectoral forums are in operation in some provinces and are dealing collectively with issues of crime prevention (Northern Cape, North West, KwaZulu-Natal).
· Public awareness and education campaigns are held by, for example, SAPS, prosecutors and NGOs.
· In some areas, psychological services are offered to police members who have suffered trauma.
2.2 Maintenance Act
· The Act is viewed as constructive and progressive and designed to facilitate the payment of maintenance.
· Garnishee orders and emolument attachment orders are effective ways of dealing with the issue of non-payment of maintenance.
· The Justice College provides regular training and workshops for, amongst others, maintenance officers, clerks and prosecutors.
· Close co-operation exists between the courts and NGOs in some areas.
· In some areas, maintenance courts have been established and specialised maintenance prosecutors have been appointed. The success rate in these cases is normally good.
3. Achievements of the OSWs and GFPs
· The OSW is able to monitor the Provincial Departments in terms of gender mainstreaming in programmes, budgets, projects, etc.
· Meetings are held regularly with NGOs such as the home-based care centres, centres and networks dealing with domestic violence, etc.
· Projects have been initiated on poverty alleviation and employment creation. Procurement opportunities have been created for rural women (Free State, Northern Cape and the North West).
· The OSW has provided training to the Gender Focal Persons in various departments.
· Gender forums are constituted in some provinces.
· Some provinces, such as Gauteng and the Northern Cape, have developed Gender Policy Frameworks, which have either been finalised or are in draft form.
· GFPs have been established in most departments across provinces.
4. Problems with the implementation of the Acts
4.1 Domestic Violence Act
· Training was an issue that was raised repeatedly by the SAPS, and in some provinces by prosecutors and magistrates. It was evident that not all SAPS members have received training in the implementation of the Act. Whilst there is an indication that at the very least, all members of the SAPS are aware of and familiar with the Domestic Violence Act, not all members have received in-depth training on the issues that allow them to effectively implement the Act. Where people have been trained, they are moved to different sections with the result that their skills are lost. Some prosecutors also indicated that they did not feel equipped to deal effectively with some cases, such as sexual offence cases.
· Withdrawal of cases. Many of the stakeholders indicated that complainants often wanted to withdraw cases after the charge had been laid. In some provinces, notably those visited in 2002 and 2003, indication was given that only senior prosecutors could withdraw cases.
· Some police officials were reported as being insensitive to the plight of men who report cases of abuse and that they also did not acknowledge same sex relationships.
· Domestic violence is not regarded as part of police officials’ workload, but regarded as an additional activity, which is a burden and a family matter (Gauteng and Limpopo).
· Abuse of protection orders. It was noted that interdicts are often obtained for purposes not related to the abuse, in other words for incorrect purposes, such as evicting someone from a home where there has been a disagreement on a issue.
· Protection orders. Partners obtain protection orders against each other in order to gain the upper hand in disputes.
· Interim protection for victims. No mechanisms are in place to protect victims before the order is made final.
· Collecting evidence and taking statements were in some provinces highlighted as a problem by the SAPS. These refer particularly to sensitive cases such as rape, which include cases of child rape.
· Application forms. These are very long and it takes some time to complete the form. This in turn impacts on the workload of clerks and magistrates.
· Language is often a barrier. This prevents people from invoking the Act, as they often do not understand the forms that need to be completed. There is a need for more interpreters at courts.
· Increase in caseloads. There has been an increase in the number of domestic violence cases reported. This impacts on the workload of the officials without additional human resources being allocated to the SAPS and courts.
· Serving of summonses. Many of the provinces reported problems with the serving of summonses by the Sheriff. Many of the people who required the summonses to be served are indigent and cannot afford to pay the Sheriff’s fees. An additional problem is that addresses are often unknown and the summons cannot be served. The police are often used to deliver summonses, but they experience transport problems and sometimes cannot assist.
· Lack of understanding of the Act. Many people are reported to know about the Acts, but do not understand, for example, what their rights are under the Act or what the purpose of the interdicts is. Rural women are particularly affected by this.
· Lack of support services. Many of the provinces reported a lack of shelters to accommodate victims, mostly women, who want to move from an abusive domestic environment with their children.
· Insufficient equipment and resources. These include vehicles (for SAPS and courts), photocopy machines (for courts), paper, etc.
· Lack of infrastructure. In many of the provinces visited, there was a problem with infrastructure. These include lack of cells, private rooms for victims, or even lack of police stations in areas.
· Insufficient personnel. Shortage of staff was reported at courts as well as at police stations. This results in the delay of the delivery of services to the users.
· Incomplete forms. It was indicated that doctors often complete medical forms haphazardly, with the result that vital evidence is omitted, which makes it difficult to secure a conviction.
· Lack of proper functioning health services was mentioned as a problem in most provinces. District surgeons are either not available or the forms are not completed correctly by the medical practitioner. Accessing services after hours was also reported as being problematic. In some provinces medical practitioners are unavailable to give evidence in cases that appear in court. Furthermore, rape survivors are not seen immediately and the cases are not prioritised when persons are brought to the health facilities.
· Absence of social workers. This was noted as a problem in some of the provinces.
· Service providers. Some service providers are uncooperative, insensitive, biased, racist and open to bribery. There were reports that some police officers were open to bribery and sometimes lost dockets.
· Reluctance to arrest colleagues. Some police officials are reluctant to arrest colleagues who are abusers.
· Specialised staff. Specialised staff, such as SAPS members with skills in collecting forensic evidence, are needed at police stations.
4.2 Maintenance Act
· Lack of maintenance investigators and interpreters. At the time that many of the study tours were conducted, maintenance investigators had not been appointed, which was a major concern. This meant that complainants, often women, had to trace respondents or that respondents lied about their financial situations, without the information being checked. The concern raised in the study tours of 2003 was that maintenance investigators were only employed on a six-month contract.
· Unemployment and seasonal work. Unemployment and seasonal work was cited as a major reason why respondents were not paying maintenance. It was also mentioned that by the time cases are heard in court, seasonal workers are no longer working. Orders cannot be made against those who are unemployed.
· Lack of personnel has brought about a reliance on temporary workers and volunteers, which is an unsatisfactory situation.
· Lack of office accommodation has resulted in an inappropriate environment, where members of the public (mostly women) do not have seating, shelter, privacy or security.
· Many magistrates have heavy case rolls and the workloads have increased. The Act has created more work for magistrates, prosecutors and court staff and this affects the processing time of the maintenance cases that ideally should be dealt with in a short space of time.
· Lack of understanding of the Act. Most women do not know how to go about obtaining maintenance for their children.
· Lack of education and training on Act. Maintenance officers cannot deal with some aspects of cases. They are also reported to be rude and insensitive and treat complainants with disrespect.
· Absconding of maintenance defaulters. Maintenance defaulters, when served with a summons, sometimes abscond to another province.
· Maintenance defaulters are sometimes not arrested.
· Maintenance processes are long and drawn out. This could affect the case, as complainants often have to take off from work and respondents who have contract employment might not be working at the time that the case is heard.
· Poor levels of service from officials.
· Poor administrative systems at court. This results in people having to queue for hours to obtain assistance.
· Maintenance fraud. Stakeholders in Gauteng reported maintenance fraud where maintenance officials take the money paid by defendants for their personal use.
· Maintenance files disappear. Maintenance files are sometimes not secure and disappear. This entails opening a new file, which further slows down the process.
· Maintenance forms are long. The form was said to be too long and people often require the assistance of a clerk to assist them with completing the forms.
· Language of forms. Applicants often do not understand the language of the forms and interpreters are required to assist them. Interpreters are not always available to do this.
· Serving of documents are reported to be a problem. In the Western Cape it was reported that magistrate courts sometimes return requests for emoluments attachment orders. The police also reported problems with serving documents as addresses are unclear, especially in rural areas. Complainants also sometimes do not know the addresses of respondents.
· Budgetary constraints. The Department of Justice sent a circular in 1999 that advised officials that where discretion is conferred upon officials, which may result in expenditure for the State, it should be exercised with great caution. This affects people who are indigent and unable to pay the Sheriff’s fees for execution of warrants. It is then expected of clerks to serve these warrants, which impact on their workload and time.
· Staff burnout. Due to the additional workloads, court staff are working after hours and over weekends to deal with the backlog of maintenance cases. As a result, staff are suffering from burnout.
· Transport problems. People often do not attend maintenance hearings as they experience transport problems.
· Lack of resources. There is a lack of resources such as photocopy machines, faxes, etc. which impacts on the services that can be delivered at courts.
· Specialised pool of staff. The findings indicated that people are trained to deal with maintenance issues, but then are transferred to other sections, where these skills are not utilised.
5. Concerns around the Gender Machinery
South Africa’s National Policy Framework for Women’s Empowerment and Gender Equality proposes a process that no longer regards gender issues and gender equality as an ‘add on’. It places gender at the very center of the transformation process within all structures, institutions, procedures, practices and programmes of government, its agencies and parastatals, civil society and the private sector (South Africa’s National Policy Framework for Women’s Empowerment and Gender Equality, 2000). In order to achieve national and international commitments (such as CEDAW and the Beijing Platform For Action) to gender equality, a National Gender Machinery was established. These national machinery structures include, amongst others, the OSWs and GFPs.
The National Gender Policy Framework calls for the position of the GFPs to be placed at Director level (commensurate with the skills required for gender mainstreaming). At a Director level, the GFP person would be in a position of decision-making and be able to impact on policy.
· Rank of GFPs and OSWs. What became evident from the discussions with the GFP persons is that in most provinces they do not have decision-making powers and are not able to influence policy decisions effectively. They are not in a senior management position and even when invited to senior management meetings, some felt that gender issues and the suggestions that they were making were not taken seriously. Some heads of the OSWs are placed at deputy director level. It was also evident that where there are OSWs, they lack the power to influence decision-making in general and in particular, at a policy level.
· Location of GFPs. Many GFPs are located in human resources sections in departments. This impacts on the nature of their work, programmes undertaken and budget allocations. It furthermore impacts on their ability to mainstream gender in all programmes.
· Functions. Although GFPs have in most instances been appointed in the departments, they are tasked with multiple functions. In other words, other than just a gender portfolio, they also deal with other special or transversal issues such as HIV and AIDS, poverty, disability issues and issues pertaining to youth and children. This clearly detracts from prioritising and driving gender issues in the departments.
· Budgetary constraints. Some of the GFPs are not budgeted for. Budgets for the OSWs, CGE and GFPs are also very low and inadequate.
· Relationship between national and provincial machineries. From discussions in the provinces, it was clear that there is not a close working relationship between the provincial and national GFPs. Some provincial GFPs reported that they have contacted the national GFPs and have tried to establish a working relationship but without success.
Some provincial OSWs have a working relationship with the national OSW. However, it was evident that there is a need for better communication and liaison between the offices. This communication should extend to, for example, provincial input on reports and programmes.
· National OSW action plan. There should also be a clear national plan of action that guides and informs the work of the provincial OSWs.
· Communication between Legislatures. This was noted as a problem between Parliament and a few of the Legislatures. It relates to better communication between the Provincial Legislatures and Parliament, especially when it pertains to investigations and oversight being done at a provincial level by the national structures. The problem here is that in most provinces there are no corresponding Monitoring Committee on the Improvement of Quality of Life and Status of Women to ensure proper communication and co-ordination. These structures should also share relevant information amongst themselves. In this regard, all information and reports stemming from provincial visits should be shared with the provincial structures.
· Relationship between provincial structures of machinery. Some provinces reported problems in the working relationship between the provincial OSWs and the provincial GFPs in some departments. They were uncertain about the role of the provincial OSW.
· GFPs are not fully functional. Some provinces reported that there were no GFPs in some departments, or that there was no budgets attached to their work, which made the implementation of programmes difficult. It was reported that some GFPs were unclear of their own role and functions.
· Absence of a Committee on the Improvement of Quality of Life and Status of Women in provinces. Those provinces where they had no corresponding Monitoring Committee acknowledged that the work they were doing could be more effective if there had been a Committee in the Legislature to monitor implementation of legislation.
· Lack of commitment from management. Many GFPs reported a lack of commitment from senior management to deal with the issue of gender and noted that gender was not taken seriously in some departments.
· No formal OSW office in Gauteng. Although no formal OSW office has been established in Gauteng, the sub-directorate on HIV/AIDS and Gender in the Social Development Directorate (in the Premier’s office) performs this task.
· Gender policies in the GFPs. Departments are required to use the National Gender Policy Framework as a guide and draft gender policies for their Departments. The National Department of Health and the Department of Justice and Constitutional Development have gender policies. It was clear from the visits that the lack of cohesive gender policies in the national departments, impact on the work of the provincial GFPs. Gender thus appears to be an ad hoc function in the provincial GFPs.
6. Recommendations
Recommendation
Department/Institution Responsible
Domestic Violence Act
· Forensic training for medical practitioners. Doctors need to be trained in forensic investigations or examinations. This will ensure that they collect proper evidence during examinations, which will assist victims in securing convictions against alleged perpetrators. Any trained medical practitioner should be able to perform this function at the health facility.
National Department of Health.
· Increased budgets. Service providers’ budgets (such as police, court, social workers and health facilities) should be increased to enable them to recruit more staff, train staff and acquire the necessary resources (such as vehicles) and infrastructure. Private-Public partnerships should also be initiated as well as the sourcing of donor funding to assist with the purchasing of vehicles, etc.
Department of Safety and Security, Department of Justice and Constitutional Development, Department of Health, Department of Social Development.
· Staff availability after hours. Staff performing essential services such as police, health workers, social workers, magistrates, etc should be available after hours to ensure that emergency services are delivered to its clients.
Department of Safety and Security, Department of Justice and Constitutional Development, Department of Health, Department of Social Development.
· Ongoing training for police, judges, magistrates and prosecutors. All police officers, magistrates and prosecutors should receive training in the provisions of the Act as part of their compulsory training. This training could also be extended to judges. Such training should be ongoing to ensure that these service providers are always aware of new developments. Training could happen on site and be structured in a manner, which does not take scarce human resources away from the office. Once trained, police officers should be placed in units where they can utilise the skills acquired. Furthermore, training should include social context training, and training that sensitises them to issues of gender, to ensure that service providers are sensitised to the problems faced by victims. There is a further need for departments to evaluate the effectiveness and impact of the training provided to staff members amidst allegations of ineffectiveness and insensitivity of staff.
Department of Safety and Security, Department of Justice and Constitutional Development.
· Holistic approach. A holistic approach must be adopted when it comes to solving issues of domestic violence. The various stakeholders, i.e. police, court staff, prosecutors, magistrates, civil society, churches, health workers and social workers should all work in partnership. By involving civil society in the development of policies and programmes, departments can ensure that the needs of the communities are taken on board. NGOs and Community Based Organisations (CBOs) can also facilitate the work of service providers by, amongst others, rendering voluntary services at police stations and courts.
Department of Safety and Security, Department of Justice and Constitutional Development, Department of Health, Department of Social Development.
· Support for the SAPS members. Members of the police service should receive effective support services, i.e. debriefing and counselling.
Department of Safety and Security.
· Monitoring systems. The SAPS as well as other roleplayers must develop a monitoring system with regard to the implementation of the Act. This would ensure accountability on the part of, amongst others, the police.
Department of Safety and Security.
Department of Justice and Constitutional Development.
· Acknowledge same-sex
relationships. Police officers should become sensitive to and acknowledge same-sex relationships, especially where both partners are male, as they are also entitled to the protection afforded by the Act. Such cases should be treated with the necessary attention that they deserve.
Department of Safety and Security.
· Application forms. The language barriers that exist with regard to application forms for protection orders need to be revisited. These forms should be made available in the different official languages. These forms should also be made simpler and shortened.
Department of Justice and Constitutional Development.
· Education. People, especially women, need to be empowered by informing them of their rights in terms of the relevant legislation. It is recommended that such empowerment should start at school level, where learners are informed of their rights. It is been recommended that all government departments, in conjunction with the civil society sector, embark on a national awareness raising campaign.
Education and awareness raising by NGOs, as well as other service providers, should include focusing on the process of laying complaints at police stations against police officials who are not performing their tasks. Registers are provided at police stations, in which a member of the public can lay a complaint against a member of the SAPS. It is also necessary for departments as well as NGOs to evaluate their awareness raising and education campaigns on the legislation.
Department of Safety and Security, Department of Justice and Constitutional Development, Department of Health, Department of Social Development, Department of Education.
NGOs, CGE, Parliament of South Africa and Legislatures.
· Recruitment of the SAPS staff. The recruitment of staff was reported to be a problem in specifically the Northern Cape. To address the problem of the appointment and recruitment of staff, it is suggested that staff could be appointed despite not having driver licenses and be assisted by the SAPS to obtain it. The recruitment was further hampered by the language of the psychometric tests (English) in a community where English is a second or third language. Many applicants thus fail the test. It is thus recommended that the issue of the psychometric tests and the language that it is administered in should also be considered by the Department of Safety and Security.
Department of Safety and Security.
· Penalties for failure to perform duties. The Domestic Violence Act makes provision for a penalty to be imposed on SAPS members who fail to execute certain duties. This should be extended to other government departments as well.
Department of Justice and Constitutional Development.
· Survivors of abuse and rape should be accompanied to hospitals by the police. Social workers and NGOs should also be informed so that they could provide the survivors with the necessary assistance and counselling.
Department of Safety and Security, Department of Social Development, NGOs.
· Crime kits and forms should be made available at all hospitals.
Department of Safety and Security, Department of Health.
· Family Courts, specialising in domestic violence issues, should be established in every district.
Department of Justice and Constitutional Development.
· Special Sexual Offences Courts should be established in all districts. The personnel involved in these courts are well trained in the methods to deal with the victims/witnesses in these types of cases and dealing with the cases received in these courts. Victims/witnesses are not as reluctant as in the past to testify against perpetrators because of the reduction of the possibility of intimidation by accused persons and secondary victimisation.
Department of Justice and Constitutional Development.
· NGO funding. There should be funding for the wide range of services (e.g. shelters, counselling, advice) and enormous amount of community education and training that NGOs provide in order to assist and empower women.
Department of Health, Department of Social Development, Department of Safety and Security.
· Departments should identify NGOs to work with as partners. These NGOs can provide important services such as counselling and medication.
Department of Health, Department of Social Development, Department of Safety and Security.
· Increase the jurisdiction of the regional court. Section 51 of the Criminal Law Amendment Act [5] states that persons convicted of certain serious offences listed in the Schedules to the Act must be given a mandatory minimum sentence. An exception is created where the judicial officer imposing the sentence is ‘satisfied that substantial and compelling circumstances exist which justify the imposition of a lesser sentence’. Rape and murder are some of the offences listed in the Schedules. For certain types of rape, as well as for murder, the Act requires that a minimum sentence of life imprisonment be imposed. Even though the regional court is empowered to conduct the trial of the accused, it does not have the jurisdiction to impose a sentence of life imprisonment. The matter has to be referred to the High Court for sentencing. This is problematic, as it is a very long and protracted process to get a matter onto the High Court roll for sentencing. Also, judges who do not have any sense of what is going on in the case, as they were not involved at all during the trial stage, impose sentences.
Department of Justice and Constitutional Development.
· Increase jurisdiction of district court. The Act empowers a court to impose a sentence of up to 5 years against a perpetrator who breaches a protection order. However, the district court only has jurisdiction to impose sentences of up to 3 years. It is thus recommended that the jurisdiction of the district court be reviewed upward.
Department of Justice and Constitutional Development.
· Regional and district courts should adhere to legislation that allows them to impose heavy sentences for rape cases.
Department of Justice and Constitutional Development.
· Budgeting for implementation of legislation. Departments need to consider the budgetary implication of the proposed Acts before it is enacted and make provision for this in their departmental budgets.
Department of Safety and Security, Department of Justice and Constitutional Development, Department of Health, Department of Social Development, Department of Education.
Maintenance Act
· Appoint Maintenance Investigators. The Maintenance Act provides for the appointment of maintenance investigators to assist maintenance officers. However, since maintenance investigators have not yet been appointed, defendants and defaulters cannot be traced. The Department of Justice and Constitutional Development recently announced the appointment of 55 maintenance assistants at courts across the country. However, this is not nearly enough to address the problems faced by maintenance courts. It is therefore recommended that the Department prioritises the recruitment and permanent appointment of maintenance investigators.
Department of Justice and Constitutional Development.
· Expand the Family Court Project. The Department of Justice and Constitutional Development has piloted Family Court Projects in certain provinces. These courts deal with maintenance cases, children’s cases and domestic violence issues. They have been designed primarily to make them accessible and sensitive to the needs of the community; operate according to simple, appropriate procedures; offer counselling and mediation support services and provide quality service in a pleasant, user-friendly environment. It has been recommended that this project be rolled out to all provinces.
Department of Justice and Constitutional Development.
· Review Sheriff’s fees. Sheriffs of the court who must serve processes require their money upfront. However, the majority of people in need of these services is indigent, and thus cannot afford to pay for such services. It is thus recommended that the legislation regulating the payment of sheriff’s fees be reviewed with a view to developing measures that will assist the poorest of the poor to access these.
Department of Justice and Constitutional Development.
· Education and Training. Maintenance officials, including magistrates and prosecutors, need training on legal aspects of the Act and coping with stress. Staff also need to receive social context training and training to sensitise them to gender issues.
Department of Justice and Constitutional Development.
· Judiciary. Systems within the judiciary need to be transformed to accommodate the changes that have occurred with regard to maintenance issues, etc.
Department of Justice and Constitutional Development
· Resources. All stakeholders need additional resources for the implementation of the Act. This includes additional human resources at police stations and courts as well as office equipment and supplies in the form of photocopiers, paper, etc.
Department of Justice and Constitutional Development, Department of Safety and Security.
· Simplification of Acts. It is necessary for Parliament to simplify the Domestic Violence Act in order to educate and raise public awareness. Parliament could develop booklets on the Domestic Violence Act, which would inform people on, amongst others, how to access their rights.
Parliament of South Africa.
Department of Justice and Constitutional Development.
· Policy guidelines. A set of policy guidelines needs to be developed around maintenance, since the Department of Social Development frequently has to deal with legal aspects pertaining to foster care as well. Clear directives should also be given with regard to the warrants of execution and garnishee orders.
Department of Justice and Constitutional Development.
· Maintenance forms. Shorter maintenance forms are required and these should be simplified.
Department of Justice and Constitutional Development.
· Mediation process. There is an urgent need for a mediation process to deal with maintenance matters. Service providers need to consider the social aspect of the issue and could provide mediation. Social workers and NGOs can be engaged to assist in this regard.
NGOs, Department of Social Development.
· Photographs should be taken of maintenance defaulters so that the defaulter cannot claim to be someone else. The Maintenance Act makes provision for this.
Department of Justice and Constitutional Development.
Gender Machinery
· Rank and placement of OSWs. The Heads of the OSWs need to be appointed at Director level and be located in Premiers’ offices.
National and provincial OSWs.
· Appointment of OSWs. Skilled and experienced persons should be appointed to the OSWs in permanent positions.
National and provincial OSWs.
· Appointment of GFPs. Skilled and experienced GFPs should be appointed in permanent positions in all departments where there are no GFPs. They should be provided with the necessary training to ensure that capacity is built.
All national and provincial departments.
· Rank of GFPs. Whilst it is recommended that the rank and the location of the GFPs be revised to that of Director level, it is done so with the understanding, as is also stated in the Gender Policy Framework, that the position should be commensurate with the skills required for gender mainstreaming.
All national and provincial departments.
· Location of GFPs. It is recommended that GFPs be placed in the Head of Departments offices or in the offices of the Director-Generals.
All national and provincial departments.
· Responsibilities of GFPs. GFP persons should be responsible for gender issues only. The National Gender Policy sets out clear guidelines for the functions and the aims of the GFPs, and how this fits into the broader goal of achieving gender equality. To conflate the portfolio of the GFP with other issues, such as HIV and AIDS, poverty, youth issues, issues pertaining to people living with disabilities as well as children’s issues, seriously undermines this goal as those portfolios should be dealt with independently.
All national and provincial departments.
· There should be uniformity in gender machinery structures across departments and provinces. It is recommended that the sub-directorate on HIV/AIDS and Gender in the Directorate of Social Development (in Gauteng), be renamed the Office on the Status of Women and be located within the Premier’s office.
Gender Machinery.
· Senior management in departments need training, which would sensitise them to the importance of gender and the inclusion of gender programmes and objectives in their departments. Gender should be an indicator against which the performance of all Director-Generals and Heads of Departments are evaluated.
All national and provincial departments.
· Gender policies in departments. Gender policies should be put in place at all levels of government. All GFPs should have programmes to ensure gender mainstreaming that should be supported with the necessary budgets.
All national and provincial departments.
· Provincial Gender Policy Frameworks should be developed and this should guide the development of provincial gender action plans. The Gender Policy Frameworks should stem from the National Gender Policy Framework.
Provincial OSWs.
· Working relationship between national and provincial machineries. The JMC could assist with facilitating a better working relationship between the national and provincial gender machinery i.e. between the national and provincial Office on the Status of Women, CGE and GFPs. The JMC could do this by facilitating a meeting(s) between the relevant parties.
Provincial and national gender machineries.
· Committee in Legislature. There should be a corresponding Committee on the Improvement of Quality of Life and Status of Women in the Legislatures that can play an oversight and monitoring role over departments, so that political Heads as well as senior staff can be called to account for gaps in the GFPs and gender mainstreaming in the provinces.
National and Provincial Legislatures.
Conclusion
The JMC wishes to thank the various stakeholders, such as the SAPS, prosecutors, magistrates, NGO’s, OSWs, CGE, GFPs, Members of the Legislatures and Premiers that participated in the discussions in the provinces. All stakeholders provided valuable insight into the implementation of the Domestic Violence Act and the Maintenance Act as well as into the roles and functions of the Gender Machinery. Without these inputs, the JMC would have been unable to successfully fulfill its monitoring and oversight functions. The Committee would like to commend and acknowledge the excellent work done and commitment displayed by the various stakeholders that participated in the discussions, despite the adverse conditions that they are often faced with in performing their duties and in delivering a service. The JMC would, however, want to note their concern about the lack of participation of magistrates in some of the provinces visited.
Lastly, the JMC would like to thank Kim Davids (secretary to the Chairperson), Fuad Holliday and Sunè Pauw (Committee Section) and Carmine Rustin (Parliamentary Research Unit) for their invaluable contributions in organising the study tours and in compiling this report. A further word of thanks needs to be expressed towards the researchers in the Parliamentary Research Unit and the committee secretaries who assisted the JMC on its provincial study tours and who compiled provincial reports.
Sources
· Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women. Minutes of Proceedings in the Western Cape. Wednesday, 5 April 2000.
· Minutes on visit to Nelspruit by delegation of the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women, 17 April 2000.
· Minutes on visit to Port Elizabeth by a delegation of the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women, 19 June 2000.
· Minutes on visit to Pietersburg by a delegation of the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women, 19 June 2000.
· Report of the study tour for the Joint Monitoring Committee on the Improvement of the Quality of Life and Status of Women. Free State, 18 – 19 November 2002. Ms. S. Dawood.
· Report of the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women’s study tour to KwaZulu-Natal, 18 – 20 November 2002. Ms. C. Rustin.
· Report. Study tour of the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women to Gauteng, 6 – 9 May 2003. Ms. E. May.
· Report of the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women’s Study Tour to the North West Province, 5 – 9 May 2003. Dr. F. Khan.
· Report of the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women’s study tour to the Northern Cape, 6 – 9 May 2003. Ms. C. Rustin.
· Research brief: Recommendations from the JMC study tours to provinces. Ms. C. Rustin. July 2003.
· Department of Justice and Constitutional Development. Summary of specific current departmental programmes/projects.
[1] Provincial reports are available for KwaZulu-Natal, the Free State, Gauteng, North West and Northern Cape. Minutes of the meetings are available for the remaining provinces.
[2] [Act No. 116 of 1998].
[3] [Act No. 99 of 1998].
[4] It should be noted that the study tours were conducted over a period of approximately 3 years and that conditions may have changed in the provinces.