REPORT ON MONITORING COMPLIANCE ON GENDER POLICY AND PROGRAMMES OF THE DEPARTMENT

1. BACKGROUND

The Department of Provincial and Local Government implement the National Gender Policy through different units and programmes. There is however, a unit that deals specifically with the coordination of sector wide policies and programmes such as Gender, HIV and AIDS, DISABILITY and YOUTH. The name of this unit is Equity and Development. The Human Resource Management and Development Chief Directorate is responsible for the internal coordination of these programmes and the monitoring of relevant legislation.

  1. The main objective of the external unit in relation to gender are to:

  1. The internal unit has on the other hand established a women’s forum to ensure:
  2. 2. THE dplg GENDER PROGRAMME

    The Department has developed an Employment Equity Plan which is currently being implemented. The implementation of the plan is monitored through the filling of vacancies, quarterly reports to management and different transformation structures.

    The post level of the Department is depicted in the table below:

    2.1 NUMBER OF EMPLOYEES IN THE DEPARTMENT AS AT 30 JUNE 2005

    Salary level

    Number of females in employment

    Number of males in employment

    TOTAL

    African

    Coloured

    Asian

    White

    African

    Coloured

    Asian

    White

    1

    0

    0

    0

    0

    0

    0

    0

    0

    0

    2

    16

    0

    0

    0

    10

    0

    0

    1

    27

    3

    5

    0

    0

    0

    7

    0

    0

    1

    13

    4

    4

    0

    0

    1

    2

    1

    0

    1

    9

    5

    49

    0

    1

    3

    15

    0

    0

    0

    68

    6

    5

    0

    0

    4

    2

    0

    0

    1

    12

    7

    10

    0

    0

    7

    2

    1

    0

    0

    23

    8

    8

    0

    0

    5

    7

    0

    0

    1

    21

    9

    16

    1

    1

    2

    19

    0

    0

    1

    40

    10.

    1

    0

    0

    1

    2

    1

    0

    3

    8

    11.

    22

    3

    0

    9

    22

    2

    2

    2

    62

    12.

    1

    1

    0

    2

    1

    0

    0

    4

    9

    13.

    13

    3

    0

    2

    19

    4

    3

    5

    49

    14.

    7

    1

    0

    0

    9

    1

    1

    5

    24

    15.

    1

    0

    0

    0

    0

    2

    0

    0

    3

    16.

    1

    0

    0

    0

    1

    0

    0

    0

    2

    Total Permanent Employees.

    145

    8

    2

    36

    108

    11

    9

    24

    343

    Total Contract Employees

    14

    1

    0

    1

    1

    0

    0

    0

    17

    Total Staff

    159

    9

    2

    37

    109

    11

    9

    24

    360

     

     

     

     

     

     

     

    2.2 SUMMARY OF dplg SMS EMPLOYMENT EQUITY REPRESENTIVITY STATUS IN COMPARISON WITH THE PUBLIC SERVICE TARGETS AS AT 30 JUNE 2005

    CATEGORY

    PUBLIC SERVICE AND DPLG TARGESTS

    STATUS

    AS AT

    31.03. 2005

    STATUS

    AS AT 30.06.2005

    GAP

    AS AT 30.06.2005

    Black People (African, Coloured and Asian) at SMS level

    75%

    81.1%

    84.4%

    +9.4%

    Women at SMS level

     

    30%

    35.1%

    36.4%

    +6.4%

     

    ANALYSIS OF TABLE

    The representivity of Black People and Women at SMS level in the dplg is well above the Public Service targets as reflected in the table above:

     

    3. MUNICIPAL INFRASTRUCTURE GRANT MONITORING SYSTEM

    1. MANAGEMENT OF THE MIG-MIS SYSTEM
    2. There are various institutional arrangements that have been put into place to ensure that the MIG-MIS is co-owned by the dplg, sector departments, municipalities and other key stakeholders. Co-ownership is achieved via participation of key stakeholders in the various working groups of Municipal Infrastructure Technical Task Team (MIT3) and the Change Control Board (CCB).

      Increasing levels of ownership of the system by sector departments, municipalities and other entities will grow over time as usage increases with a concomitant reliance on the system.

      Some of the institutional arrangements to support co-ownership of the system include the following:

      - change control board (CCB)

      The Change Control Board (CCB) composed of senior management who will manage and prioritise the requests for changes to the system. Requests for changes to the system will emanate from the MIG-MIS working group, which has sector participation. These requests for change will be compiled in a report that is tabled at the Change Control Board (CCB).

       

      - MIG-MIS WORKING GROUP

      This Working Group is responsible for providing technical support to the development and further enhancement of the MIG-MIS. This includes all sector departments’ requirements to report on the impact of municipal infrastructure grant.

       

      - MIG - MIS USER GROUP

      The User Group attends to the challenges that currently face the MIG unit in utilising the MIG-MIS, coordinating and pulling together resources and looking at other mechanisms that may add value to the MIG-MIS and to ensure the accessibility of the MIG-MIS at achieving it’s objective.

      - MIG CALL CENTRE

      The centralised MIG-MIS Call Centre assists with Technical queries, comments, information or suggestions relating to the MIG-MIS.

       

    3. KEY PERFORMANCE INDICATORS SPECIFIC TO MIG

    The key performance indicators specific to MIG-Funding include the following:

     

    1. ENFORCING COMPLIANCE

    Selected Projects need to adhere to the conditions and selection criteria of the Municipal Infrastructure Grant, only then may a registered project be implemented to deliver sustainable infrastructure. Compliance is ensured within the existing administrative and legal framework of MIG.

    Compliance is enforced via:

     

     

     

     

     

    1. IMPACT OF MIG ON LIVES OF WOMEN

    The vision of the municipal infrastructure grant programme is aimed to provide all South Africans with at least a basic level of service by the year 2013 through the provision of grant finance aimed at covering the capital cost of basic infrastructure for the poor.

    The MIG programme is part of government’s overall strategy to eradicate poverty and create conditions for local economic development. The programme will therefore maximise opportunities for employment creation and enterprise development. MIG is based on a demand driven approach where service delivery is decentralised to municipalities. Municipalities play a central role in co-ordinating development activity and the delivery of municipal infrastructure in their jurisdictions.

    It is important for the economic spin-offs of infrastructure delivery to be maximised. This relates primarily to temporary and permanent job creation arising for municipal infrastructure investments. This condition of the Municipal Infrastructure Grant will be associated with national government’s 'Expanded Public Works Programme' (EPWP). The gender provisions of this programme are adhered to.

    The Municipal Infrastructure Grant is monitoring the progress on employment and training with regard to women on a quarterly basis as part of the quarterly KPI report.

    In the 2004/05 financial year, 5 287 655 person days of employment have been created through all implemented MIG projects. (Person Days is the number of persons multiplied by the average length of employment (days)). It is more accurate to report in person days on infrastructure as some employees only work for hours and others for a whole day.

     

    4. IMPLEMENTATION OF THE TRADITIONAL LEADERSHIP AND GOVERNANCE
    ACT

    On 11 December 2003 the President assented to the Traditional Leadership and Governance Framework Act no 41 of 2003, and it was subsequently published in the Government Gazette on 19 December 2003.

    Provinces are currently finalising their province-specific legislation as required by the Framework Act. Kwa Zulu-Natal, Eastern Cape, Free State, North West, Mpumalanga, Limpopo, have all drafted their Provincial Legislation.

    1. PROVISIONS OF THE FRAMEWORK ACT

    The Act seeks to set national norms and standards for the enactment of provincial legislation. It further seeks to define the place and role of the institution within the new system of democratic governance. For the first time in history, the institution will play a significant role in uplifting the standards of living of an estimated 14 million people in the rural areas. It is a fact that during the era of colonialism and apartheid, the institution became a tool of the government strategy of extending its control over Africans. In the process the institution was distorted.

    1. Recognition of categories of traditional leaders
    2.  

      One of the effects of the interference in the institution by the colonialists and successive governments was the deliberate non-recognition of African kings. Significantly the Act seeks to restore this status to those who, by custom and tradition, are entitled to it. National guidelines on the role and functions of kings will be developed once the Bill has been passed into law.

    3. Functions of Traditional Councils

    During the apartheid era, traditional structures of governance were abolished. In their place, structures such as tribal and regional authorities were created. These structures were allocated insignificant functions. Such structures will now be abolished. Traditional Councils blended with elements of democracy will be established. These structures will perform visible and important functions such as:

    These direct functions will be complimented by additional roles to be allocated by different government departments. For the Traditional Councils to effectively perform these functions, Government must plough in enough resources in order to strengthen and capacitate these structures.

    1. Partnerships between traditional councils and municipalities
    2. The absence of legislation governing the institution of traditional leadership created an atmosphere of uncertainty regarding the relationship between democratically elected municipalities and traditional leadership structures. This impacted negatively on the basic delivery of services to the majority of people who live in conditions of extreme poverty in the rural areas. The Act has opened a window of opportunity for municipalities and traditional councils to co-operate with each other in the spirit of co-operative governance. Traditional Councils have now been given a strong voice in matters of development. Government believes that the envisaged partnerships will go a long way in accelerating service delivery in the rural areas.

       

    3. Houses of Traditional Leaders
    4. The Act retains the existing national and provincial houses with an emphasis on capacitating members of the houses to perform their functions much more effectively. In addition, Local Houses of Traditional Leaders will be established. This is intended, among others, to deepen and cement the relationship between municipalities and traditional leaders.

    5. Commission on Traditional Leadership Disputes and Claims

    The successive apartheid governments, contrary to custom, arrogated unto themselves the power to appoint and depose traditional leaders. Those who resisted encroachment in the institution were harassed, deposed or forced into exile. In the result, many legitimate traditional leaders found themselves in the cold and isolated from their communities. Government is set to close this embarrassing chapter. A commission, chaired by Professor Thandabantu Nhlapo has been appointed by the President to investigate all disputes and claims dating from 1927 (the year in which the notorious Native Administration Act found its way into the statute books).

     

    b) IMPLEMENTING THE FRAMEWORK ACT:

     

    The technical processes pertaining to the drafting of bills is by and large complete. What remains now is engagement at a political level to facilitate finalisation, especially at the legislature stage. MINMEC set a deadline of January 2005 for the passing of all provincial legislation.

     

    The commencement of the Framework Act, with effect from 24 September 2004 means, among other things, that:

    The Framework Act provides for a partnership with municipalities. This provision must be aligned with section 81 of Municipal Structures Act, which provides for ex-officio participation in municipal councils. There are a number of amendments that must be made to the Framework Act. Most of them are of a technical nature. Provinces have complied with the Framework Act, but they have also called for the amendment of the Framework Act in a number of areas.

    The location of the function of traditional leadership within various provincial administration has had a tendency to hinder coordination. For example there are instances where, politically, traditional leadership resides within the Premier’s office while administratively it resides within a department (e.g. Local Government and Housing, etc).

    The basis on which the Commission will address disputes from Gauteng, Western Cape and Northern Cape is not clear, in view of the fact that these provinces have so far not been involved in the legislation process.

    The Framework Act recognises headmen/ headwomen. This implies that headmen/ headwomen are now entitled to remuneration, even in those provinces where historically they were not paid. With the finalisation of the White Paper and the Framework Act, this means that policy is now in place to allow for the determination of pension and medical aid benefits to traditional leaders.

    The Determination of the Traditional Leadership role of the Khoisan will be finalised by end of 2005.

     

     

     

     

     

     

     

     

     

    5. POVERTY AND SELF EMPOWERMENT PROJECTS

    The dplg is working with Sector Departments on a number of poverty and self-empowerment projects, and some of the reported projects are as follows:

     

     

    1. MOTHER TO MOTHERS TO BE PROGRAMME
    2. This project started in 2002 in Khayelitsha and has been extended to other arrears within the Province. The objective of this project is to support HIV Positive women in income generating projects, training and living healthy, and it does not only concentrate on treatment, but also on training mothers to be volunteers, mentors and training coordinators in their communities.

      Some of the skills acquired are beading skills and the promotion of products that are sold both locally and internationally. The Cape Craft and Design Institute has partnered with the City of Cape Town to offer skills training in this regard.

    3. MOTHERWELL CELEBRATE 16 DAYS OF ACTIVISM
    4. The Urban Renewal Programme team visited the Motherwell node in the Easter Cape during December 2004 whereby the Premier of the Eastern Cape launched the 16 days of Activism Campaign against Women and Child abuse. The theme was 16 houses in 16 days, whereby the victims of abuse were given houses and pledges were signed to help raise funds.

    5. IMPLEMENTATION STRATEGY FOR GENDER MAINSTREAM IN THE WATER SERVICES SECTOR

    The implementation strategy was developed by the Water Services Sector Leadership Group (WSSLG). The purpose of the strategy is to ensure that appropriate planning and execution of gender mainstreaming programmes, projects are undertaken in a consistent and sustainable manner.

    The WSSLG is represented by the following organisations/departments: DWAF, SALGA, Water Services Sector (Masibambane Coordinators, National Water and Sanitation Training Institute (NCWSTI) and Civil Society Organisations in the water services sector. ( The draft copy of the strategy is attached).

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    6. IMPLENTATION OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT AND

    LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT

     

    Neither the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998) nor the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000) are elaborate on promoting the welfare and interests of women in local government.

    In the case of local government elections, the Structures Act states that when parties compile their proportional representation lists, "every party must seek to ensure that fifty per cent of the candidates on the party list are women and that women and men candidates are evenly distributed throughout the list." A recent exercise conducted by the dplg provides figures of female mayors, councillors and municipal managers in the country – figures based on the data provided by the Municipal Demarcation Board (refer below).

     

    FEMALE MAYORS:

    Province

    No. of

    Female Mayors

    No. of

    Mayors

    Percentage of Female Mayors

    Gauteng

    4

    15

    26,6%

    Limpopo

    6

    32

    18,8%

    Mpumalanga

    5

    20

    25%

    KwaZulu-Natal

    7

    61

    11,48%

    Western Cape

    7

    30

    23%

    North West

    7

    25

    28%

    Northern Cape

    10

    31

    32%

    Free State

    5

    25

    20%

    Eastern Cape

    4

    45

    9%

    Total

    54

    284

    17,25%

    FEMALE COUNCILLORS:

    Province

    No. of

    Female Councillors

    No. of

    Mayors

    Percentage of Female Councillors

    Gauteng

    301

    982

    30,65%

    Limpopo

    328

    1056

    31,06%

    Mpumalanga

    207

    954

    21,70%

    KwaZulu-Natal

    421

    1782

    23,63%

    Western Cape

    221

    781

    28,30%

    North West

    297

    820

    36,22%

    Northern Cape

    142

    404

    35,15%

    Free State

    210

    732

    28,69%

    Eastern Cape

    394

    1440

    27,36%

    Total

    2521

    8951

    28,16%

     

     

     

     

     

     

     

    FEMALE MUNICIPAL MANAGERS (MMs):

    Province

    No. of

    Female MMs

    No. of

    MMs

    Percentage of Female MMs

    Gauteng

    1

    15

    6,67%

    Limpopo

    6

    32

    18,75%

    Mpumalanga

    4

    20

    20,00%

    KwaZulu-Natal

    3

    61

    4,92%

    Western Cape

    0

    30

    0%

    North West

    0

    25

    0%

    Northern Cape

    1

    31

    3,23%

    Free State

    3

    25

    12,00%

    Eastern Cape

    0

    45

    0%

    Total

    18

    284

    6,34%

    Section 16(3) of the Systems Act, stipulates that when a municipality is in the process of establishing mechanisms, processes and procedures to enable the local community to participate in the affairs of the municipality, the municipality must take into account the special needs of—

    In terms of section 73 of the Structures Act, if a metro or local council decides to have ward committees, it must establish a ward committee for each ward in the municipality.

    (a) the councillor representing that ward in the council, who must also be the chairperson of the committee; and

    (b) not more than 10 other persons.

    (a) the procedure to elect the subsection (2) (b) members of a ward committee, taking into account the need—

    (i) for women to be equitably represented in a ward committee; and

    (ii) for a diversity of interests in the ward to be represented;

      1. the circumstances under which those members must vacate office;

    and

    (c) the frequency of meetings of ward committees.

    In 2003, the dplg hosted a conference on ward committees and the Minister presented draft guidelines on the subject at the conference.

    On 24 June 2005, these guidelines were finalized and published in the Government Gazette.

     

    7. CONCLUSION

    In conclusion, the dplg commit to put a structured process in place through the Equity and Development unit, to monitor adherence and improvement on the present status quo.