1.0 INTRODUCTION

The Commission on Gender Equality [the CGE] was created in terms of Section 187 of the South African Constitution, to strengthen and deepen constitutional democracy in South Africa. The Commission on Gender Equality Act 36 of 1996 [the CGE Act] charges the CGE with a mandate to undertake the following:

• Promote respect for and the protection, development and attainment of gender equality.
• The Commission for Gender Equality has the power, as regulated by national legislation to perform its functions. Including the power to:
• Investigate gender related complaints from members of the public or on its own initiative;
• Monitor and evaluate policies and practices of state organs, state agencies, public bodies, and the private sector in order to promote gender equality and the rights of women. The CGE may make recommendations regarding the protection and promotion of gender equality;
• Develop, conduct and manage education and Information programmes to foster public understanding of matters pertaining to gender equality
• Evaluate any of the following Act of Parliament, systems of personal and/or family law, custom and/or customary practices, systems of indigenous law, or any other law.

Through this mandate, the Commission on Gender Equality continues to address gender imbalances in South Africa and advancement of the status of women. In his State of the Nation address in February, 2004 in Parliament, President Mbheki mentioned that access to justice in South Africa has improved the lives of the masses of the people who are acknowledging increased access to better housing, water, electricity, roads, land, school meals and social grants. He further mentioned that the work we do must move our country forward decisively towards the eradication of poverty and underdevelopment. The quality of life of all our people, can be improved by addressing the challenges of persisting racial and gender inequalities

The major output of the 2004 / 2005 planning workshop of the Commission on Gender Equality is a Plan of Action. This Plan of Action gives the overall sense of what and how the commission wants to achieve its mandate as outlined in its overall objectives.

Out of a Plan of Action will develop a budget that will be in line with what Treasury has approved for the present fiscus.

• A SWOT analysis for the Commission (Appendix A)
• The CGE vision, mission, objectives and values (as reaffirmed by the participants of the planning session);
• Results Based Management Tools (Appendix B); and
• Proposed Organograms.

All the information contained In the documents listed above function as support material to the effective understanding of the plan of action and the implementation thereof.

2.0 PLANNING PROCESS

Workshop participants AGREED to the proposed output of a comprehensive results-based Plan of Action, linked to an appropriate organogram for CGE. In addition, it was AGREED that the workshop would be fully participatory and the resulting output accepted as the work of CGE rather than that of external resources.

In a nutshell, it was AGREED that the workshop would:

1) re-examine current strategic objectives;

2) discuss current CGE resources in relation to programmes and operations of CGE;

3) examine capacity in relation to functions and activities of the CGE;

4) discuss how to further the work on role clarity in relation to functions within the CGE;

5) identify gaps /impediments in the functioning of the CGE;

6) develop the plan of action for 2004/2005;

7) prioritize the key areas that need change in CGE.

All of the above information will serve to inform the on-going transformation of the CGE.

The facilitator asked workshop participants to indicate their expectations of the workshop in respect to themselves, the workshop as a whole and the facilitator.

• Committed to the workshop process
• Committed, dedicated
• Enthusiastic
• Meaningful input
• Open-minded, participative
• Creative, constructive
• Accommodative of others
• Teamwork
• Ability to compromise
• Exemplary
• Punctual.

• Work together harmoniously in the group
• Smooth process
• Engage in the process together
• Focused approach
• Participative
• Open-minded
• Effective and efficient
• Work towards the CGE mandate
• Gear way forward for the CGE.

• Manage and drive the process
• Guidance within the context of the CGE vision
• Enabling and motivating atmosphere
• Ensure equal participation
• Inspire individuals to bring out their best
• Fair referee
• Tolerance
• Manage time well.

3.0 VISION - MISSION - VALUES

3.1 Vision

Following some discussion, the workshop AGREED to retain the current wording of the CGE Vision as follows:

•A society free from gender discrimination and all forms of oppression, in which people will have the opportunity and means to realize their full potential, regardless of race, sex, religion, sexual orientation, disability or geographic location.'

Following discussion, the workshop AGREED to the following CGE Mission Statement:

'The Commission for Gender Equality will fulfill its statutory mandate as an independent constitutional body in South Africa by:

• Promoting, protecting, monitoring and evaluating gender equality in all social structures.
• Continuously engaging in cooperative and visible partnerships with stakeholders at large.
• Supporting democratic processes by facilitating gender equality in society as a whole."

3.3 Values

A small working group was tasked with recording the Core Values statement and report back to the workshop.The revised text of the Core Values, AGREED by the workshop, now reads:

VALUES THAT DRIVE THE CGE

The core values of the CGE are derived from the individual and collective contributions of members of the organization.

• Accountability: Honesty, transparency, being efficient by effective use of available resources and time
• Equality: Commitment to the principles that promote substantive equality
• Democratic principles: Commitment to justice and fairness
• Integrity: Loyalty and respect for the dignity of all and commitment to the principles of the Constitution. Belief In oneself and others
• Professionalism: Communicate, behave and execute duties in a manner that efficiently and effectively fulfils the mandate and plan of action and enhances the positive Image of the CGE
• Empathy: Awareness of power relations and respect for human rights. Conduct our relationships in an understanding, caring, supportive and non-judgmental manner
• Knowledge sharing: A spirit of reciprocity and mutual development and growth
• Identity: Acknowledge the individual and cultural diversity of our society."

4.0 OBJECTIVES

The objectives were discussed on the premise that they should be "SMART":

• Specific - It is important to have dearly defined objectives
• Measurable - It should be easy and possible to measure results
• Acceptable- There should always be consensus on objectives.
• Realistic - The objectives should be reachable and achievable.
• Tangible

'Objective 1:

Monitor, and develop where necessary, effective gender monitoring mechanisms for public and private institutions to ensure the appropriate implementation of gender sensitive strategies, policies and programmes. (Section 11-1a

Objective 2:

Develop, conduct or manage information programmes and education programmes to foster public understanding of matters pertaining to the promotion of gender equality and the role and activities of the Commission. (Section 11-1b)

Objective 3:

Evaluate and monitor any Act of Parliament or any other law or treaty affecting or likely to affect gender equality or the status of women and make recommendations to Parliament or such other legislature or treaty body with regard hereto.(Section 11-1c/d)

Objective 4:

Investigate any gender related issues of its own accord or on receipt of a complaint and endeavour to resolve any dispute or rectify any act or omission. (Section 11-1e/j)

Objective 5:

Create strategic linkages nationally, regionally and internationally to ensure mutual support, effective collaboration and recognition of the need to promote and protect gender equality. (Section 11-1f/g)

Objective 6:

Create appropriate internal structures in order to promote sustainability and effective functioning of the Commission on Gender Equality."

4.1 Update for 2004

Following discussion around these objectives and the need to ensure focus, specific activities for the various departments, avoiding gaps and overlaps and the one year time-frame, the workshop AGREED to regroup the Objectives for 2004 as follows:

• Objectives I plus 3 plus 4 to become the new Objective I
• Objective 2 to remain as Objective 2
• Objective 5 is considered to be cross-cutting and will be subsumed into I & 2.

The following comments were noted during workshop discussion:

• Once the objectives (and activities) are agreed, there should be no add-ons (symptom of crisis management) ensuring that focus is retained;
• The work of the CGE must be guided by the Equality Act; there are other Acts to deal with other social and political issues;
• The CGE's activities should concentrate on awareness rather than conciliation (although the Act says that conciliation should be practiced);
• Focus on groundbreaking and precedent setting issues and activities;
• Prioritization of activities is a necessity to ensure that the activity can be concluded with the available resources;
• Plenary has already agreed to the formation of an Equality committee, with sub- sections and stakeholder participation. This Is a key strategic move to include representative stakeholders. This committee should be part of the institutional framework, as a Section 6 Committee, with its own terms of reference;
• Taking on tasks beyond the Mandate will stretch the budget and staff;
• CGE is a monitoring agency and not responsible for implementation.
• In spite of lack of funding from the Department of Justice, the CGE should continue to sensitize the public about the Equality Courts and their purpose.

5.0ROLES AND RESPONSIBILITIES

Roles and responsibilities are detailed in the Strategic Planning document of 2003. These were not altered in any way in 2004. It is apparent, however, that rote clarification, authority and responsibility are still a serious concern and impediment to CQE's success. It was recommended in May 2003 that this issue be resolved on a priority basis. As no action was taken at that time, the recommendation stands.

6.0ACTION PLANNING

• Follow-up of the activities on the ground is very important; It provides visibility and helps build relationships and credibility. If an activity is started, it must be completed;
• Training the trainer programmes should be considered; this function could be outsourced; workshops to publicise the Equality Act and the CGE, in collaboration with other organisations.
• The constitutional requirement to use all official languages, as appropriate, should be observed; this has been identified as a barrier; collaboration with provincial education departments should be explored; use of sign language.
• Both rural and urban areas should be included in activities
• The objective to reach as many people as possible in each province should remain as an activity focus
• Training programmes and materials are for Internal use (staff advancement) and are essential; educational materials are for the general public
• The workshop was advised to consider the results of the SWOT analysis when selecting activities for the upcoming year. Be realistic in planning and commit to complete the activities started.

7.1 Examine current strategic objectives

Selection of a few strategic objectives to focus on each year will help to ensure that tasks are completed and progress towards objectives Is measurable. It is important to keep in mind that for Performance Monitoring, achievement of results is monitored rather than activities.

7.2Current CGE resources in relation to programmes and operations of CGE

Review of last years Plan of Action found many activities not completed or not undertaken due to the lack of human resources. CGE must be realistic in planning future activities to ensure that it, indeed, has the resources required to complete them. Additionally, CGE needs to keep in mind that they are a MONITORING AND EVALUATION agency and are not responsible for Implementation.

7.3Capacity In relation to functions and activities of the CGE

in 2002-3, it was felt that the issues regarding systems and structures (Capacity issues) were critical in CGE. This has been felt and spoken about for a long time and two committees were previously set up to deal with the re-structuring and the development of policies and procedures in CGE. The two processes are in motion and will be finalised by the end of April 2004.

The structure of CGE is seen as the major impediment to "getting on with the Job". It is not clear that this Is, indeed, the case and it would appear that the issue is more related to tensions within the organization related to power, authority, remuneration and who actually is responsible vs. accountable for delivering the product. CGE has a number of senior staff as represented in the commissioners but not enough operational staff to actually carry out the Plan of Action.

7.4Role clarity in relation to functions within the CGE

Role clarity appears to be a major impediment to the functioning of CGE. The following areas are noted as being role-related problems for the organization:

The responsibility of commissioners in operational matters

It Is imperative that the scope of management authority and decision making is clearly defined and understood not only between the Commission and the Secretariat but also within the departments as well.

Commission & Secretariat Authority and Decision Making

The Ideal result would be that the commission would focus on long range, strategic issues and decisions, performing governance work and appraising their own performance. This result would eliminate commission involvement in operational decisions. Plenary agendas would not deal with operational problems but rather focus on strategic issues. Commissioners would be accountable for the work of CGE but the secretariat would assume total operational responsibility.

Intradepartmental Authority and Decision Making

The workshop repeatedly heard that when HODs are not present, work stops. Current management practices should be investigated to determine why this occurs. Are staff unwilling or unable to continue the work on their own? If 'it is a tack of ability (unable) to take action on their own, this can be easily resolved with confidence building or skills development. If they are unwilling, the reasons why they are unwilling need to be identified. Does the unwillingness stem from a management practice that does not reward personal initiative?

Do staff have agreed upon work plans with appropriate levels of authority to do their jobs? If work plans and appropriate authorities are in place, staff are empowered and the need for day-to day management involvement Is minimal. The attitude of management should be one of paving the way to ensure a smooth path for the staff to do their Jobs well rather than putting speed bumps in the road to impede their progress.

The presence of a performance management system would address most of the above management-staff issues. Work plans would be agreed upon and progress toward accomplishment of the work would be monitored and feedback provided on a regular basis. An Individual performance appraisal process also means there would be a way to differentiate among high, adequate and low performers.

In the absence of a formalized system, high performers are not recognized for their efforts and low performers are not encouraged to a higher performance. At present, delivering or not delivering on performance commitments has no influence on career advancement or compensation at CGE.

7.5Additional impediments In the functioning of the CGE

7.5.1Remuneration is a critical issue. In discussions related to the organizational structure it became quickly apparent that, it is not so much the structure that is the problem but rather compensation. Given that CGE already dedicates a significant proportion of total budget to salaries to the detriment of programming, it is not prudent to consider adding additional positions to the organization. Rather ways to redistribute the salary budget need to be considered.

7.5.2Communication appears to be another Impediment to the functioning of CGE. Field employees claim not to have the information they need to on a day-to-day basis as well as not receiving adequate feedback from Headquarters from their inputs. Information does not appear to flow freely across organizational boundaries.

7.5.3Nonfunctioning committees are a source of frustration. Decisions are taken but not acted upon or overturned at next plenary. This situation should disappear once role clarity is achieved.

Comments on proposed Organogram with provincial Offices (Matrix)

The Individual and collective roles must be planned in advance and fully understood and agreed upon so all the participants know their own authority and responsibility as well as that of the other players.

A Linear Responsibility Chart which maps consultation and coordination requirements, along with actual decision-making authority Is also required. It needs to get done with the active Involvement and consensus of participants, both vertical and horizontal ie team leader and functional manager.

Another ingredient required is that the participants in a matrix organization must have a clear sense of the goals, objectives, and accountable performance measures. There must be both vertical and horizontal alignment of goals, objectives, and activities if the matrix is to function properly. Misalignment, competition or conflict among team leaders and functional managers' goals and objectives will create gridlock in the matrix -across functions, across locations, or all of the above.

APPENDIX C

REVIEW OF THE PLAN OF ACTION 2003/04

Progress and impediments to progress

• A number of activities as planned were completed with additional private donor funding secured.
• Some changes have taken place in the organisation in support of the transformation but much more work is required over the next few years.
• We realise that we have worked very hard over the last year but have brought few activities to completion. Too many planned activities and not enough workers on the ground.
• There are problems with communication. Communication falls under the CEO's office and should not be interfered with.

Financial Resources:

• Government has Increased CGE budget, however
• More resources are needed to accomplish goals.
• A substantial amount of money was received from private donors towards programmatic work.

Relationship of Provincial and National Offices

• There are a lot of problems
• Seems to be a "them & us" attitude, rather than one cohesive CGE with a national outlook.
• The roles and relationships need clarification on urgent basis.
• Working conditions in provinces were reported to be disastrous and not conducive to getting the Job done.

Human Resources Issues:

• Staff reported some improvement In morale
• Human Resource systems being developed
• Lack of staff is a major reason why work does not get completed in a timely manner.

Image of organisation:

• Public Image is perceived to be poor.
• Lack of relationships with national regional and international stakeholders is a serious impediment to achieving goals and improving the public perception of CGE

Leadership and Management

• Role clarification remains to be completed. This is one of the most serious impediments to CGE's transformation.

one stop mobile units that will be utilized to reach out to the public focusing on distinct mandates of each institution.

(b)The Commission on Gender Equality (CGE) and the Office of the Public Protector has entered into discussions on how to share premises. In two provinces where Public Protector has already established offices, and the CGE intended opening new offices, attempts have been made to share facilities. These efforts were made in North West and Kimberley. In both provinces the office space was found to be very limited and could not accommodate two independent organisations. Information has been relayed to the CGE that Office of Public Protector has realised the need to open a satellite office in Upington. The CGE will consider collaboration with the Office of Public Protector in that town.

(c) In four provinces namely Limpopo, Kwazulu Natal, Western Cape and the Free State, the CGE has already established offices in the same building as the South African Human Rights Commission.

(d)The CGE has accepted a request for a meeting with office of Public Protector for the discussion on the referral system for complaints and investigations. The meeting will be scheduled as soon as possible as the discussions had been underway between officers from both sides.

Another area that requires discussion in this regard is who gets involved and what stage in relation to matters that are clearly falling within mandate of both institutions. An example that can be given here is the maintenance complaints which may possibly involve maladministration of government institutions and issues referred to as gender discrimination.

(e)The Forum for Chapter 9 Institutions has been in existence for more than five years now. Deliberations in these meetings involve:

• Information sharing
• Capacity Building and
• Service Coordination

Gender Indaba

The Minister for Justice and Constitutional Development, Mrs Brigitte Mabandia, IVIP Indaba convened a Gender Indaba in June 2004. The idea was to bring together all role-players with a critical role in the promotion of gender equality in the justice sector. The Indaba was meant to present an opportunity to understand, possibly streamline and improve the coordination of all activities relating to the advancement of women, protection of their human rights and the promotion of gender equality.

The Minister also wanted to use this opportunity to facilitate better co- operation between Constitutional Institutions within justice on the execution of gender dimensions of their mandate and to facilitate resource sharing where appropriate. She also wanted to use the meeting to explore matters that needed to be off-loaded from the Department of Constitutional Development and reassigned to other institutions with appropriate mandates.

The Institutions represented at this meeting were:

(1)Department of Justice and Constitutional Development (Ministry, Policy, Gender & Constitutional Development and Communications)

(2) South African Human Rights Commission (SAHRC)

(3)Commission on Gender Equality (CGE)

(4)National Prosecuting Authority (SOCA Unit)

(5)Presidency (Programmes and OSW)

All institutions represented at the meeting presented an overview covering the following:

Institutional Mandate

Institutional Programmes and activities based on interpretation of mandate

Areas of overlap

Possibilities for collaboration

As a way forward at the end of the meeting, an Interim Task Team was then formed to focus on the following in relation to institutions that participated:

• Coordination
• Advocacy and Public Education
• Monitoring and Evaluation
• Research and
• Capacity Building/Training

Out of these themes, Sub-Committees that meet regularly were formed. The Task team that is co-ordinated from the department of Justice and Constitutional Development of calling another Gender Indaba future for consolidation of work in progress.

Below is a synopsis of the work of the CGE from inception right up to the previous (2002/2003 finance year.

Gender Opinion Survey:

Soon after its formation the CGE conducted a gender opinion survey, a qualitative and quantitative study aimed at providing gender development measures for South Africa and a framework for monitoring and measuring the implementation of gender equality

Gender Policy and Institutional Framework

This comprised of developing a simple framework and training manual for understanding gender equality. The framework was based on the following needs:

• To move towards a shared understanding of gender equality;
• The strategic involvement of women and men in the transformation agenda;

and

• Collaborative development of an indigenous policy approach to transformation.

Gender & Private Sector:

This study included:

• Conducting a gender audit of selected private sector institutions;
• A situation analysis of gender issues in the

private sector;

• Determination of the extent of awareness amongst private sector institutions in relation to gender equality.

Spatial Development Initiative

A study to determine whether men and women have equal access to economic empowerment. This study was undertaken together with the Department of Economic Affairs Gaming and Tourism.

Two (2) National and Provincial Information and Evaluation Workshops.

A workshop sponsored by the Commonwealth the objective was to gather information on the work that government departments and NGO's were doing work on gender and gender issues (a first in the world).

National Poverty Hearings

The CGE together with SAHRC, SANGOCO and the Religious sector participated as commissioners: Here are two examples of the outcome of these hearings:

a) The Department of Water Affairs and Forestry placed reservoirs in strategic and equitable areas to enable the communities of Mtubatuba Kwa-Zulu Natal to get safe water away from the

reptiles.

b) The Department of Safety and Security in Limpopo commissioned a study on witchcraft - the Ralushai Commission. Thereafter the CGE hosted a Witchcraft Violence

Conference (1998 report is available).

Gender Opinion Survey:

In June 1999 the CGE conducted a gender baseline study and an opinion survey to 'identify and understand opinions and attitudes on gender.

Women's Handbook

This project was funded by the Mott Foundation and was done in partnership with the Midlands

Women's Group and the Centre for Adult Education UNP. This tool informs women about their rights.

Study on Gender and the Private Sector followed by Gender and Private Sector Conference:

Reports produced

Law and Justice

Conducted a strategic workshop and made submissions to the South African Law Society on customary law marriages.

Redefining Politics

The CGE produced this publication on the eve of South Africa's second democratic elections in celebration of women's participation in politics.

Advertising - A Mirror Of Reality?: Gender, Advertising And Broadcasting

Undertook a study on the media and advertising as a result two Commissioners represent gender interests at the hearings and appeal boards of the Advertising Standards Authority of South Africa. Furthermore, the CGE contributed clauses on gender to the code of the Advertising Standards Authority.

Political Empowerment

Made a submission on the local government green paper in advocating the inclusion of quotas for women.

National (1999 & 2004) and Local Government (2002) Elections

The CGE did the following:

• Monitored the participation of men and women in elections as well as their position within

political parties; and

• Asked political parties to supply the CGE with their manifestos.

Conference on Virginity Testing

Hosted a conference on virginity testing in Kwa-Zulu Natal.

The National Gender Summit

Hosted the gender summit to evaluate our achievements and to determine whether the CGE and the Gender Machinery are still on track.

Integrated Development Planning: A Gender Perspective

The CGE conducted a study on the local government to determine gender needs within the local governments integrated development.

Amicus Curiae/Legal Intervention where the CGE was a friend of the court:-

Amod case: A woman married in accordance with the Muslim Law whose husband had died in a car accident was refused benefits by the Multilateral Motor Vehicle Insurance Fund (Road Accident Fund).

Jordan case in the constitutional court where CGE argued that the Sexual Offences Act as it stands discriminates against service providers (largely women).

Inasmuch as the Act does not protect them from prosecution, whilst the clients, who in the main

are men are not prosecuted at all..

Similarly, the CGE has intervened as amicus in the Constitutional court case of Bannatyne v Bannatyne\ This case raised core issues relating to the extent to which remedies available

The following are contributions and submissions have been made to the law making process in South Africa: -

• Compulsory HIV testing
• Sexual Offences Bill
• Communal Land Rights Bill
• Islamic marriages Bill
• Customary law of succession
• Maintenance Act
• Firearms Bill
• Prevention of Domestic Violence Act,
• Recognition of Customary marriages Act,

Annual Report Card

The Annual Report Card (ARC) is used within government departments and private institutions

to monitor the implementation of gender equality.

The following are examples of some of the interventions made by the CGE as well as policies.

Hosting a workshop on the Protocol on the African Human Rights and the Rights of Women

Some complaints

• Athletics South Africa (ASA) introduced a different age rule category for women and men veterans. Female athletes qualified as veterans five years earlier than males. The first complainant was a male athlete who alleged unfair gender discrimination.
• Three cases of femicide are being monitored. Apparently the accused were not immediately arrested when the murders were reported.
• Conciliation in a sexual harassment complaint against a senior pastor by a junior novice training for the priesthood.
• Men in the civil serving complaining that about gender equality.
• Inviting Commissioner Selebi to clarify why he had allegedly stated that In August 2001 "Domestic Violence Act was unimplementeble" (August 2001).

THE CGE PLAN OF ACTION

Strategic Objective I

Monitor and, develop where necessary, effective gender monitoring mechanisms for public and private institutions to ensure the appropriate implementation of gender sensitive strategies, policies and programmes. (Section 11-1a)

Strategic Objective 2

Develop, conduct or manage information programmes and education programmes to foster public understanding of matters pertaining to the promotion of gender equality and the role and activities of the Commission. (Section 11-1b)

Strategic Objective 3

Evaluate and monitor any Act of Parliament or any other law or treaty affecting or likely to affect gender equality or the status of women and make recommendations to Parliament or such other legislature or treaty body with regard hereto. (Section 11-1c/d)

Strategic Objective 4

Investigate any gender-related issues of its own accord or on receipt of a complaint and endeavour to resolve any dispute or rectify any act or omission. (Section 11-1e/j)

Strategic Objective 5

Create strategic linkages nationally, regionally and internationally to ensure mutual support, effective collaboration and recognition of the need to promote and protect gender equality. (Section 11-1f/g)

Strategic Objective 6

Create appropriate structures in order to promote sustainability and effective functioning of the Commission on Gender Equality.

The POA is comprehensive and can only be carried out successfully if there are sufficient resources.