OCR Document

Executive Summary

Section 9 of the Constitution provides for the enactment of national legislation to prevent and prohibit unfair discrimination, and to promote the achievement of equality. The Promotion of Equality and Prevention of Unfair Discrimination Act (No.4 of 2000), also known as the 'Equality Act', was passed to give effect to this constitutional requirement by prohibiting practices that perpetuate inequality, and by" promoting equality in all spheres of South African life.

Recognising that this year marks the tenth anniversary of the passing of the Constitution, Parliament embarked on a process to review the impact of the Equality Act on the lives of women and people with disabilities. The Equality Review Campaign consisted of a desktop study on the impact of the Equality Act as well as a series of hearings and oversight visits hosted in the main by the Joint Monitoring Committee on Improvement of Quality of Life and Status of Women and the Joint Monitoring Committee on Improvement of Quality of Life and Status of Children, Youth and Disabled Persons. The main findings emanating from the review process include the following:

Inequality on the basis of gender

Income inequality
The review revealed that discrimination and inequity remain common in South African society, with contributors arguing that women's continuing inequality is attested to by the very high levels of gender-based violence in South Africa, and the fact that women constitute "the majority of the poor, the homeless, the jobless and the dispossessed". Initiatives to achieve both the prevention and elimination of unfair discrimination and the promotion of equality have not sufficed in eliminating the scourge of inequity from South African society. It has further been argued that this problem is particularly exacerbated in rural areas due to a lack of resources and infrastructure.

The review highlighted the fact that income inequality between men and women because of the concentration of women in lower-paid, temporary or casual employment, or employment in the informal sector. The majority of women in South Africa, particularly black women, are poor. Chapter 5 of the Equality Act provides that Ministers must ensure that legislation and policies for which they are responsible do not perpetuate inequality. It further provides that appropriate laws and policies be put in place with a view to eliminating unfair discrimination. As far as employment equity is concerned, the legislation and policies envisaged in Chapter 5 of the Equality Act are in place. The mechanisms for monitoring progress in this regard have also been put in place, although the Department of Labour is experiencing difficulties in getting companies to comply with equity targets, and to comply with reporting requirements.

Access to land
The review further found that, while there is formal commitment in South Africa to gender equity in land reform, implementation of land reform programmes remains a problem. The pace of land delivery to the previously disadvantaged South Africans is relatively low when one considers the fact that approximately 4% of land has been delivered to black people since 1995. It has further been argued that the absence of a strong lobby for land rights among rural women and strength of patriarchal attitudes and practices in society meant that implementation of land rights for women received far less attention. In addition, there is lack of knowledge of their rights to land brought about by land reform programme among rural women.

The fact that many women are unable to own land and housing also emerged as key impediments to enhancing the quality of their lives, and negatively impacts on their economic status and on equality in general. In addition, if the land transferred to women is not suitable for agricultural purposes, for example, then gendered poverty, as a manifestation of inequality, has not been addressed. Unless women have access to support that will enable them to utilise land transferred to them, including training and credit, the transfer runs the risk of becoming meaningless.

The review also suggests that the implementation of legislation has been weak because of challenges with regard to the skills of land reform implementers, the appointment of dedicated staff with gender skills, the development of gender sensitive grant and credit systems and gender sensitive communication strategies as well as promoting the development of women commercial farmers.

Gender-based violence
Violence against women and gender-based violence (including rape, domestic violence, female genital mutilation, murder and sexual abuse) is a common phenomenon in South Africa, and, according to many observers, indicative of women's unequal status in society. A study published by the Medical Research Council in 2004 indicated that every six hours, a South African woman is killed by her intimate partner.

The most important legislative measures aimed at combating gender-based violence are the Domestic Violence Act (Act No. 116 of 1998), but the implementation of this Act has proven to be challenging. There is a lack of dedicated resources for combating gender-based violence and for the protection of survivors of such violence. Furthermore, the review suggested that problematic attitudes on the side of police officials and court personnel present a major challenge for persons reporting gender-based violence, as these officials often see gender-based violence not as a criminal matter, but a domestic issue.

It has been suggested that domestic violence is increasingly perceived as unacceptable. However, submissions to the review indicated that where physical violence from a partner has abated, it has often been accompanied by an increase in emotional abuse. This gives rise to further complications, according to another submission, as magistrates do not appear to apply the definitions of concepts such as emotional and economic abuse consistently. These issues point not only to the need for greater and sustained public awareness on gender-based violence, but also continued focus on strengthening the implementation of the legislation aimed at protecting women.

Institutional mechanisms aimed at promoting gender equality
All the phases of the review examined the manner in which institutional mechanisms established to promote equality have contributed to greater equality. What has emerged is that the establishment of Gender Focal Points (GFPs) in line with the provisions of the National Policy Framework for Women's Empowerment and Gender Equality continues to generate cause for concern. The level at which GFPs are appointed impacts negatively on the skills these positions are able to attract, and on the effectiveness of this work at provincial and local level. While structures are in place in many provinces and local government, the national gender machinery is not functioning as effectively as envisaged. It also became clear that the monitoring process has been hampered by insufficient and inappropriate information being provided by officials.

Women in decision-making positions
South Africa has made significant strides in increasing the numbers of women in decision-making, particularly in government and Parliament. In terms of rankings determined by the Inter-Parliamentary Union, South Africa ranked 13th in the world in relation to the number of woman Members of Parliament. There are currently 131 woman Members in the National Assembly, and 19 woman Members in the National Council of Provinces.

In addition, various forums have been established within Parliament to deal with gender issues. These include the multi-party Women's Parliamentary Caucus, the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women, and the Women's Empowerment Unit, which is located in the Speakers' Forum.

In relation to government departments, the review indicated that a number of departments are doing relatively well in terms of its ratio of women to men both in positions of leadership and in departments generally. However, the organisational profile of most State structures and private sector organisations is skewed in favour of men, particularly in positions of decision-making. Sexual harassment also remains a critical issue, as is the development of a gender sensitive organisation ethos, culture and practices.

Issues for consideration and recommendations
In light of the insights emanating from the -review process, the JMC makes a number of recommendations, including the following:

That, in light of the fact that Parliament is sometimes provided with misdirected and meaningless information with regards to the functioning of the national gender machinery, the relevant Committees of Parliament are explicit and specifi0" with regard to information requested from government departments.
That the relevant Committees of Parliament engage with the Department of Provincial and Local Government on the manner in which the national gender machinery has been put into operation.
That the relevant Committees of Parliament avail themselves of additional information from stakeholders in order to facilitate a comprehensive, more accurate assessment of the national and provincial situation as it pertains to gender.
1. Introduction
South Africa's definition of and goals towards achieving equality are guided by the principle of human rights, which incorporates the acceptance of the inalienable right of all persons to equality. This principle is a fundamental tenet under the Bill of Rights of the Constitution of the Republic of South Africa (Act No. 108 of 1996). It emerged .from a long period of struggle for a democratic society that respects and promotes the rights of all its citizens irrespective of race, gender, class, age, disability, -;etc.1-. Section 9 of the Constitution provides for the enactment of national legislation to prevent and prohibit unfair discrimination, and to promote the achievement of equality. The Promotion of Equality and Prevention of Unfair Discrimination Act (No. 4 of 2000), also known as the 'Equality Act', was passed to give effect to this constitutional requirement.

The Equality Act seeks to facilitate the transition to a democratic society that is united in its diversity and guided by the principles of equality, fairness, equity, social progress, justice, human dignity and freedom. The Act recognises the existence of systemic inequalities and unfair discrimination that remains deeply embedded in social structures, practices and attitudes, which undermines the aspirations of South Africa's constitutional democracy. The Equality Act seeks to prohibit such practices, and provide measures to promote equality in all spheres in order for, amongst others, women and people with disabilities to take their rightful place in society.

Recognising that this year marks the tenth anniversary of the passing of the Constitution, Parliament embarked on a process to review the impact of the Equality Act on the lives of women and people with disabilities. The Equality Review Campaign was conducted in two phases. Phase one was initiated during February 2006, resulting in a draft report that was tabled at the People's Assembly in Oudtshoorn on 15 September 2006. The Draft Report provides an overview and analysis of the key themes pertaining to the Equality Act and emerging from a desktop study conducted by the Parliamentary Research Unit, written submissions as well as the public hearings. It should be noted that the written submissions as well as the public hearings covered areas broader than the Equality Act. However, for the purposes of this review and this report, only those aspects pertaining to the review of the Equality Act were extracted.

The following activities were undertaken during the first phase of the Equality Review Campaign:
A desktop study aimed at consolidating the results of existing research and literature on the impact of the Equality Act on the lives of women and people with disabilities.
A call for written submissions on the Domestic Violence Act (No. 116 of 1998). In reviewing the submissions received, the .Report only highlights key concerns as they spec;;ifically relate to issues of equality.
Public hearings hosted by the two Joint Monitoring Committees (JMCs):

o The JMC on Improvement of Quality of Life and Status of Women held public hearings on the Equality' Act and the Domestic Violence Act (Act No 116, 1998).

o The Joint Monitoring Committee on Improvement of Quality of Life and Status of Children, Youth and Disabled Persons conducted hearings on the work done by Office on the Status of Disabled Persons (OSDP) and Office on the Rights of a Child (ORC) in promoting people with disabilities and children's rights.

The second phase of the Equality Review Campaign commenced during September 2006, and unlike the process followed in phase one, had a more narrow focus on the Equality Act. Phase two involved the following activities:

The two Joint Monitoring Committees, as well as the Portfolio Committee on Justice and Constitutional Development held further public hearings in Parliament on the impact of the Equality Act on women and "people with disabilities.
The JMC on Improvement of Quality of Life and Status of Women conducted oversight visits in Mpumalanga and Limpopo during October 2006. In addition, the two JMCs, together with the Portfolio Committee on Justice and Constitutional Development held joint public hearings, with submissions from Chapter Nine Institutions during October 2006.

In addition to conducting a review, Parliament has also initiated a process to popularise the Equality Act. This final report on the Impact of the Equality Act will be tabled and debated at the 'start of 2007. "

2. Key themes emanating from the review

In terms of the Equality Act, equality is defined to include equality both in law and the achievement of equal outcomes. The Act is therefore committed to ensuring equal outcomes for disadvantaged groups, namely "substantive equality" as opposed to requiring that privileged and disadvantaged groups be treated in an identical manner in all circumstances. The broad definition of discrimination in the Act encompasses unequal socio-economic conditions arising from prohibited discrimination. Discrimination in the Act includes any act or omission, including a policy, law, rule, practice, condition or situation that either imposes disadvantages or withholds benefits and opportunities from any person on one or more of the prohibited grounds. The Act seeks to prevent the perpetuation of systemic disadvantage, the undermining of human dignity and all actions that adversely affect the equal enjoyment of a person's rights and freedoms.

A number of submissions made during the review attest to the fact that discrimination and inequity remain common in South African society. One of the submissions to the review process argued, for example, that women's. continuing inequality is attested to by the very high levels of gender-based violence in South Africa, and the fact that women constitute "the majority of the poor, the homeless, the jobless and the dispossessed".3 While there are a number of benefits associated with related institutional mechanisms and practical initiatives that have been established to achieve both the,.pravention and elimination of unfair discrimination and the promotion of equality, it has become clear through the review process that these initiatives have not sufficed in eliminating the scourge of inequity from South African. society. According to a submission by the South African Human Rights Commission (SAHRC), this problem is particularly exacerbated in rural areas due to a lack of resources and infrastructure. The SAHRC noted that women in farming areas are often not taken seriously by police when they complain about gender based, violence, while access to health care services remains limited due to long distances that farm workers have to travel to clinics, and due to restrictions on their movements imposed by employers.

2.1. Inequality on the basis of gender
The Equality Act prohibits unfair discrimination by either the State or any person on the basis of gender, which includes:

Gender-based violence.
Female genital mutilation.
The system of preventing women from inheriting family property.
Any practice, including traditional customary or religious practice, which impairs the dignity of women and undermines equality between women and men, including undermining the dignity and well-being of the girl child.
Any policy or conduct that unfairly limits access of women to land rights, finance, and other resources.
Discrimination on the grounds of pregnancy.
Limiting women's access to social services or benefit, such as health, education and social security.
The denial of access to opportunities, including access to services or contractual opportunities for rendering services for consideration, or failing to take steps to reasonably accommodate the needs of such people.
Systematic inequality of access to opportunities for women as a result of the sexual division of labour.

The review highlighted the fact that a number of challenges still exist that prevent women from being equal with men in the political, economic and social realms of life. Although many submissions pertain to other pieces of legislation such as the Domestic Violence' Act, the Maintenance Act and the Customary Marriages Act, it is important to note that the submissions made in this regard have critical implications for gender equity and therefore do relate to equality more holistically. In reviewing the status of equality in South Africa, it is therefore important to engage with these related pieces of legislation.

2.1.1. Income inequality
In the South African context, the promotion of equality is still plagued by significant challenges. Income inequality, for example, is still a key feature of South African society because of the trend towards employing more skilled labour, job shedding in the formal economy and the low employment capacity of the economy. The South African society is therefore characterised by inequalities and disadvantages that arise as a direct result of poverty. The South African economic landscape is characterised by the fact that many employees earn less than R1000 per month. For example, almost a quarter of formal sector workers, approximately 76.3% of informal sector workers and 90% of domestic workers fit into this income category.

The unemployment problem is coupled with the fact that amongst. the ranks of those who are employed, there is great disparity and inequity in how people are remunerated. This problem also has gendered dimensions in that women are often located in low-paying jobs. This is largely because the gendered roles traditionally ascribed to women by society, are not socially valued and rewarded in monetary terms. It is important to note that although women are not a homogenous group, the majority of women in South Africa, particularly black women, are poor. The submissions reveal how poor women, such as women living on farms and elderly women, are rendered particularly vulnerable. Once again, the submission by the SAHRC indicated that, during workshops hosted to discuss the Older Persons Bill, the Commission was told of instances where older women in rural areas are attacked because they are believed to be witches.

Significant indicators of employment inequity have been revealed in the course of the equality review. Census 2001 statistics, for example, show that in South Africa, more males are employed as permanent workers. In 2000, the percentage difference between males permanently employed as compared to women in the same category was 2.8%. In 2002, this figure increased to 3.6%.7 In addition, the proportion of female workers employed as temporary workers is higher than that for male workers. At least 14.3% women in South Africa are employed as temporary workers as compared to 11.1 % in 2002. Women are poorly represented in the "craft and related trades" category of employees. There are 14.76% women as compared to 85% men employed in this category. Of the total 515 390 persons (5.37% of the total work force) employed as "legislators, senior officers and managers", 29.55% are women, as compared to "70.44% males. This is slightly lower than the 30% national minimum standard for women in decision-making positions.

One of the major challenges in assessing progress with regard to the advancement of women in the employment sector is that some companies do not submit employment equity reports to the Department of Labour. This makes it difficult to obtain a true reflection of the impact of government policies and legislation in terms of equal opportunities in the workplace. Despite many initiatives, women's position in the economy remains weak. Job insecurity and low employment levels affect women. As was documented in the desktop study that formed part of the review of the Equality Act, more women are still employed as casual, seasonal and temporary workers. Also the majority of women in South Africa enter the labour force at the lowest positions. This contributes in part to the low representation of women in management.

Women have not fully entered traditionally male dominated spheres of employment. Ten years after the promulgation of the Employment Equity Act (Act No. 55 of 1998), the top positions in the private sector are still male dominated, proving that intervention is still required to change the situation. According to the report by the Commission on Employment Equity for 2002/3, a review of employment reports received and information gathering through site visits show that there is slow progress in the implementation of the Employment Equity Act (EEA). However, a gradual increase of women in top and senior management positions has been noted. The Department of Labour will provide awards of excellence for companies who have successfully implemented Employment Equity in order to provide incentives for other companies to follow suit.

Some companies appoint women in top positions just for window dressing and are not involved in decision-making. This implies that there is a need for monitoring and support mechanism provided for promotions of women in order to refute notions of tokenism and window dressing. There is a risk that EEA will empower an elite group of blacks and women, further entrenching class inequalities in South Africa. The challenge is to ensure that empowerment benefits the majority of black women. Shortage of skills among women makes it difficult to get enough suitable women to fill top positions in companies. It is hoped that Skills Development Act of 1998 will facilitate the implementation of the EEA.

Chapter 5 of the Equality Act provides that Ministers must ensure that legislation and policies for which they are responsible do not perpetuate inequality.10 It further provides that appropriate laws and policies be put in place with a view to eliminating unfair discrimination.11 As far as employment equity is concerned, the legislation and policies envisaged in Chapter 5 of the Equality Act are in place. The mechanisms for monitoring progress in this regard have also been put in place, although the Department of Labour is experiencing difficulties in getting companies to comply with equity targets, and to comply with reporting requirements.

2.1.2. Equal access to land and property
While there is formal commitment in South Africa to gender equity in land reform, which has created an opportunity for women to own land in their own right, implementation of land reform programmes remains a problem. Due to lack of data that disaggregates land reform in terms of gender; it is difficult to assess the rate of women getting access to land. However, there is movement towards addressing women's access to land in South Africa as shown by the increase in the number of women benefiting from the Land Redistribution for Agricultural Development Policy (LRAD). 2 In addition, in 1999, a landmark judgment handed down by the Land Claims Court confirmed that a woman living on a farm had independent rights of occupation in terms of the Extension of Security of Tenure Act (ESTA, Act No. 62 of 1997) and could not summarily be evicted as a consequence of the lawful eviction of her husband.13 These developments show the enabling space created by the Constitution and legislation for furthering women's rights.

However, the review revealed that the pace of land delivery to the previously disadvantaged South Africans is relatively low when one considers the fact that approximately 4% of land has been delivered to black people since 1995.14 It has further been argued that the level of mobilisation among rural women in support of their rights is very low.15 The absence of a strong lobby for land rights among rural women and strength of patriarchal attitudes and practices in society meant that implementation of land rights for women received far less attention. In addition there is lack of knowledge among rural women of their rights to land in terms of the land reform programme.

The fact that many women are unable to own land and housing also emerged as key impediments to enhancing the quality of their lives, and negatively impacts on their economic status and on equality in general. The feminisation of poverty has significantly impacted upon women's lack of access to land and housing. A submission from the Department of Land Affairs brings to the fore substantive challenges that urgently need to be addressed in order to change this situation. These include the skilling of land reform implementers, the appointment of dedicated staff with gender skills, the development of gender sensitive grant and credit systems, provision for the development of women commercial farmers in the capital budget, and the development of gender sensitive education strategies and information dissemination systems.

A submission made by the Women's Legal Centre noted that customary law and traditional practices could impact negatively on women's equality. The submission pointed out that while the Recognition of Customary Marriages Act is meant to protect women who are married in these terms, many women are not aware of the protective measures offered by the legislation. In some cases, institutions such as banks do not recognise the contracts entered into on the basis of a customary marriage, which suggests that women in customary or religious marriages still experience discrimination. A further submission suggested that the obstacles that impede upon women's right to inherit land and property and women's rights in the context of polygamous relationships emerged as issues that warrant monitoring and intervention where necessary.

The review further suggests that the implementation of legislation has been weak because there is lack of enforcement mechanisms, especially in the area of evictions. The Department of Land Affairs has reviewed EST A and the Land Reform (Labour Tenants) Act (Act NO.3 of 1996) in order to remove loopholes in the legislation and to ensure that the rights of people on farms are protected. According to the programme of the Department, a new Bill was meant to be introduced to the cabinet before the end of 2006. Finally, it must be noted that the gross numerical indicators presented as measures of delivery say nothing about the quality of land that has been transferred and what benefits people may be gaining from this land. If the land transferred to women is not suitable for agricultural purposes, for example, then gendered poverty, as a manifestation of inequality, has not been addressed. During hearings held by the JMCs in August 2006, it was pointed out that unless women have access to support that will enable them to utilise land transferred to them, including training and credit, the transfer runs the risk of becoming meaningless.

2.1.3. Gender-based violence
Violence against women and gender-based violence (including rape, domestic violence, female genital mutilation, murder and sexual abuse) is a common phenomenon in South Africa. South African women of all races and income levels face abuse from their partners. However, because police statistics do not distinguish domestic violence cases from other assaults, the exact levels of domestic violence are not known. A study published by the Medical Research Council in 2004 indicated that every six hours, a South African woman is killed by her intimate partner.

The difficulty in determining the extent of the problem of domestic violence is increased by the fact that most women abused by their partners do not seek help outside network of family and friends.18 The reluctance of women to report domestic violence stems from a number of reasons, including, distrust of the legal and law enforcement system, economic dependence, fear of retaliation, self-blame, children or even love.

A number of provisions in the Constitution aim to protect women's rights either expressly or by implication. For example, section 9 states that "everyone is equal before the law and has the right to equal protection and benefit of the law". Sections 10 and 11 guarantees to everyone the right to life and the right to have their dignity respected and protected. Section 12 states that "everyone has the right to bodily and psychological integrity", including the right "to be free from all forms of violence from either public or private sources".

The most important legislative measures aimed at combating gender-based violence are the Domestic Violence Act (Act No. 116 of 1998) and the Criminal Procedure Second Amendment Act (Act NO.85 of 1997). The Domestic Violence Act recognises that domestic violence is a serious obstacle to achieving gender equality. The Act offers protection to any victim of domestic violence (Le. physical or mental abuse) who is or was in a domestic relationship with an abuser. It also places a duty on members of the South African Police Service (SAPS) to inform a victim of his or her rights at the scene of the violence and requires the National Commissioner of the SAPS to issue national guidelines, which must be observed when dealing with domestic violence. The Criminal Procedure Second Amendment Act effected further amendments to the bail laws to ensure that persons who are accused of committing serious offences are not released on bail. This relates to offences where women and children are the victims.

South Africa has recognised violence as a health and human rights issue, and has instituted a number of programmes to combat the scourge. Additional programmes have been put in place following the release of the World Report on Violence and Health, a report that came about as a result of a motion tabled by South Africa in 1996 at the World Health Assembly.

Critical to the successful implementation of this legislation is the integration of services provided by the participating departments (including Justice, SAPS, Social Development). The cluster approach to cross-sectoral matters has proven a useful tool in managing the rigorous demands of this legislation. Non-governmental organisations (NGOs) have also played an important role in both monitoring the implementation of legislation and providing essential services to survivors of violence.

Attempts have also been made to make justice more accessible to survivors of gender-based violence, and to provide protective infrastructure for such women and their children. Family Court Centres, for example, deal with maintenance cases, children's cases and domestic violence issues. These Courts have been designed primarily to make them accessible and sensitive to the needs of the community. They operate according to simple, appropriate procedures; offer counselling and mediation support services and provide quality service in a pleasant, user-friendly environment. .

Pilot family courts have been established in Port Elizabeth, Johannesburg, Durban, Cape Town,8Rd Lebowakgomo. The pilot sites are monitored on a regular basis. In its 2004/05 budget, the Department of Justice and Constitutional Development undertook to use some of the additional funds received for vulnerable groups to legislate the family court concept in 2004 and to extend the five pilot sites to other sites.

The Department of Social Development has established a number of one-stop service centres for the protection of survivors of gender-based violence. The aim is to ensure that all services required by - victims of domestic violence would be offered in one building. These include special trained police, health care, courts, counselling and support from government social workers and NGOs, shelter and other secondary services like training in employment skills from the Department of Labour. In its 2005 Annual report, the Department indicated that one-stop service centres had been established in the Eastern Cape, Mpumalanga and Northern Cape; the 2006 Annual report does not indicate the establishment of any additional centres.

The implementation of the provisions of the Domestic Violence Act has proved to be challenging. The JMC on the Improvement of Quality of Life and Status of Women in Parliament undertook study tours to all the nine Provinces between 2000 and 2003 as part of its oversight function. The tours were specifically geared towards collecting and collating information from roleplayers such as magistrates, prosecutors, non-governmental organisations and police officers on problems they have experienced with the implementation of the Domestic Violence Act.

Among the challenges that have been identified by stakeholders is the fact that there is a lack of dedicated resources for combating gender-based violence and for the protection of survivors of such violence. Furthermore, Parliament has received reports that problematic attitudes on the side of police officials and court personnel present a major challenge for persons reporting gender-based violence, as these officials often see gender-based violence not as a criminal matter, but a domestic issue. In addition, it has been reported that many women are not aware of their rights in terms of the Act, and that they are prevented from applying for protection orders because application forms are only available in English and Afrikaans. Another submission highlighted the fact that limited literacy, especially among rural women, made it more difficult for these women to make use of the protective measures provided for in the Domestic Violence Act.

In August 2004, the Sexual Offences and Community Affairs (SaCA) Unit in the office of the National Director of Public Prosecutions made a presentation to the Portfolio Committee on Justice and Constitutional Development.19 The presentation partly focused on challenges experienced with the implementation of the Domestic Violence Act. These challenges largely mirror those raised by role-players during the domestic violence hearings held by the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women.

One of the findings from research done by the Commission on Gender Equality (CGE) was that whereas domestic violence was more tolerated in the past, since the passing of DV A there are indications that this behaviour is no longer perceived as acceptable and therefore normative.2o However, during the hearings held in August, one of the submissions indicated that where physical violence from a partner has abated, it has often been accompanied by an increase in emotional abuse.21 This gives rise to further complications, according to another submission, as magistrates do not appear to apply the definitions of concepts such as emotional and economic abuse consistently.

Beside injury, disability and death, violence against women is also increasingly being associated with the risk of physical and mental health problems. These include the risk of pregnancy, depression, anxiety disorders, substance abuse, chronic pain, miscarriage and teenage pregnancy, as well as contracting HIV or other Sexually Transmitted Diseases (STDs). When the number of cases 01\1 domestic violence has drop it will mean reduction in the above physical and psychological consequences associated with domestic violence.

Theorists on gender-based violence have long argued that violence against women is inextricably linked to women's unequal status in society. Addressing issues of equality, therefore, should impact on public perceptions of gender-based violence as well as the resources made available to combat this scourge. It has not been possible, through this review, to determine exactly what the impact of the Equality Act has been on the incidence of gender based violence in South Africa. However, comments relating to the nature and impact of public awareness campaigns around equality would apply: as recently as November 2006, a South African working in the field of domestic violence suggested that short-lived campaigns such as the "16 Days of Activism Against Violence Against Women" were not effective in reducing the incidence of such violence.23 A number of the submissions made to the JMCs during June have highlighted the fact that the implementation of protective legislation falls short of the mark. Calls were made for more sustained campaigns to raise awareness on gender-based violence. In addition, submissions recommended that police officials and magistrates be given further training on the application of laws such as the Domestic Violence Act in order to ensure that when women seek protection against abuse, they are, in fact, protected.

2.1.4. Institutional mechanisms aimed at promoting qender equality
All the phases of the review examined the manner in which institutional mechanisms established to promote equality have contributed to greater equality. The establishment of Gender Focal Points (GFPs) in line with the provisions of the National Policy Framework for Women's Empowerment and Gender Equality continues to generate cause for concern. Although the GFPs are not established in terms of the provisions of the Equality Act but in terms of the National Policy Framework, this policy could serve as an important tool for giving effect to the provisions of the Act. The JMC on Improvement of Quality of Life and Status of Women has recognised the importance of reviewing and monitoring the establishment of GFPs in all government departments. The JMC has regularly exercised its monitoring responsibility in this regard, with the most recent hearings in Parliament taking place in August 2005. The JMC also undertook an oversight visit to Limpopo Province in October 2006 with the purpose of monitoring the implementation of the National Gender Policy Framework.

The hearings held by the JMC in 2005 revealed that the Department of Provincial and Local Government has exceeded the employment equity target set in relation to women. By June 2005, 36.4% of its employees were women. At the South African Local Government Association, on the other hand, only one out of nine Deputy CEOs is a woman, while three out of 14 members of the Executive Management Team are women. The 2004 Local Government Gender Audit, undertaken by the SALGA, revealed that there were 54 (or 19.01%) women mayors, 77 (or 27.11%) women speakers and 18 (or 6.34%) women municipal mangers in the country.

The Western Cape and Gauteng did not have an Office on the Status of Women (OSW), but indicated that various departments and directorates were doing the work of an OSW. The JMC further heard that, according to the National OSW June 2006 survey conducted amongst national departments, all 30 responding departments/government agencies had appointed GFPs, albeit at different management levels. It was also told that the National OSW Audit Report of 2003 had indicated that 31.03% (Le. 9) departments had appointed GFPs at the mandated levels in 2003. There was thus a 7.7% drop (from 31.03% to 23.33%) in the number of government departments complying with the mandate of the gender policy document and Cabinet Memo of 1997. The Limpopo Province indicated that at most municipalities, gender focal points did not exist, while Mpumalanga OSW reported that GFP coordinators had been appointed in all 10 departments of the Province.

Participants at the hearings noted that GFPs are being made responsible for work on HIV, disability, children and the elderly, which was not in keeping with the National Gender Policy Framework. They therefore argued that, if this was to continue, departments and local government must allocate adequate funds for the programmes that GFP.s are expected to manage.

During the August 2005 hearings, the JMC found that the overall quality of information provided by Provincial OSWS ',and Provincial GFPs for Local Government to the hearings was often misdirected and did not contain the depth of detail that the JMC required. Similarly, when the JMC conducted its oversight visit in October 2006, it was found that presentations from officials often did not contain the information that the JMC needed to carry out its mandate.

The oversight visit further revealed that the level at which GFPs are appointed impacts negatively on the skills these positions are able to attract, and on the effectiveness of this work at provincial and local level. Emphasis was also put on the importance of ensuring that gender machinery structures are established in line with the National Gender Policy Framework. "

What has emanated from different processes during the equality review therefore suggests that, while structures are in place in many provinces, the national gender machinery is not functioning as effectively as envisaged. It also became clear that the monitoring process has been hampered by insufficient and inappropriate information being provided by officials. The JMC recognised that it might have to be much more prescriptive in the manner in which it seeks information from government departments.

2.1.5. Women in decision-makinq positions
Globally, the participation and representation of women in decision-making is very poor. Of the total 43 945 Members of Parliament (MP's), only about 6 953 (16.1 %) are women.25 Only 27 of them preside over one of the Houses of the 187 existing Parliaments across the globe, 73 of which are bicameral.

However, South Africa has made significant strides in increasing the numbers of women in decision-making, particularly in government and Parliament. Over the past eleven years of democracy, the numbers of women elected int,O public office at national and provincial levels have inGreased significantly. In terms of rankings determined by the Inter-Parliamentary Union, South Africa ranked 13th in the world in relation to the number of woman Members of Parliament.26 There are currently 131 woman Members in the National Assembly, and 19 woman Members in the National Council of Provinces.

Since 1994, a number of positive changes have taken place to ensure gender equality and the improvement of the lives of women in Parliament. These include changes in parliamentary procedures that have a direct effect on women. Such changes include recess being aligned with school holidays; an increase in the basic infrastructure facilities for women; gender-sensitive language used in legislation; and Parliamentary sessions commencing and ending earlier than before 1994 to allow Members of Parliament to spend more quality time with their families.

In addition, various forums have been established within Parliament to deal with gender issues. These include:

The Women's Parliamentary Caucus - This is a multi-party caucus whose functions include creating forums in which women in Parliament can discuss and debate gender issues and provides capacity building initiatives for women in Parliament. It furthermore creates an access point for advocacy by civil society and provides a focal point for women Parliamentarians to communicate with women's organisations in civil society.
Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women and other Parliamentary committees - The functions are related to formulating sp~cific legislation on gender issues and legislation that is gender sensitive and encouraging the public and women in particular to participate in the law making process.
Women's Budget Initiative - Some of the new women Parliamentarians became members of the Finance Committee after the 1994 elections. The women recognised that the budget could be an important tool for addressing gender equality. In light of these considerations, the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women, together with the Community Agency for Social Enquiry (CASE) and the Institute for Democracy in South Africa (IDASA), started the Women's Budget Initiative (WBI). The WBI is no longer active in Parliament, although IDASA continues to analyse budgets annually from a women's budget perspective.
The Women's Empowerment Unit (WEU) - The WEU is located in the Speakers' Forum, a structure that brings together speakers from the national and provincial legislatures. The WEU identifies areas that hinder women's full participation in the lawmaking process. Its main focus is on training and skills development for women lawmakers.

In relation to government departments, the review indicated that a number of departments are doing relatively well in terms of its ratio of women to men both in positions of leadership and in departments generally. However, the organisational profile of most State structures and private sector organisations is skewed in favour of men, particularly in positions of decision-making. For example, in the South Africa private sector, women comprise 41 % of the South African paid labour force but only 14.7% of executive managers and 7.1 % of directors in the country. Focusing more holistically on equality issues in the workplace, there are still a number of obstacles that impede upon women's participation and well-being in their places of work. Sexual harassment remains a critical issue, as is the development of a gender sensitive organisation ethos, culture and practices.

3. Conclusion
Twelve years into democracy, South Africa still faces a number of challenges in ensuring the prevention of unfair discrimination and promoting equality, thereby achieving the consolidation of democracy in our country. The Promotion of Equality and Prevention of Unfair Discrimination Act seeks the realisation of a vision of equality, which should result in the consolidation of our democracy. The Act requires action both to prevent unfair discrimination and to promote substantive equality. The Report on the Impact of the Equality Act on the lives of Women and People with Disabilities identifies, and gives recognition to key legislation that, in addition to the Equality Act, has made significant contributions to improving the quality of lives of women and people with disabilities. Such legislation includes, amongst others, the Domestic Violence Act, the Employment Equity Act and the Extension of Security of Tenure Act. However, the detailed Annexures to the Report also recognise that in some instances this legislation needs to be strengthened, while others such as the Film and Publications Act, are regarded as providing an antithesis to the Equality Act. In respect of this, the argument suggests that the legalisation of certain material of pornographic nature, detract from women's right to dignity and respect. This issue obviously raises a significant challenge facing South African legislators, i.e. how to reconcile the individual's right to freedom of expression with the Constitutional obligation to prevent unfair discrimination and promoting equality.

The review process also highlights a critical, yet often unstated reality, i.e. that women are not a homogeneous group, and that while the current review process seeks to determine the impact of the Equality Act on all women, some women are more vulnerable than others. Submissions reveal that public officials and service providers often treat women on farms, the elderly, and people with disabilities in a disrespectful manner. Furthermore, some of the submissions suggest that the justice system appears to be unfriendly towards the elderly and people with disabilities. In the case of farm workers, the intolerance and lack of service they experience appear to stem from their socio-economic status. Section 33 of the Equality Act clearly articulates that special consideration should be given to, amongst other, socio-economic status, as prohibited grounds for discrimination.

It is important to note that Chapter 5 of the Equality Act places a duty on all government departments to develop and implement equality plans, and for the Minister for Justice and Constitutional Development to pass regulations requiring similar equality plans from private institutions. While some of the legislation discussed in the Report was promulgated before the Equality Act, it can be interpreted against the background of the provisions of the latter Act. The assessment of these legislative measures carried out through the review process, therefore, sheds light on the manner in which the Equality Act has contributed to mainstreaming issues of equality on the basis of gender and disability in their work. It becomes evident through the submissions to the two Joint Monitoring Committees that the appropriation of adequate government resources for related initiatives continues to be a significant challenge. Furthermore, the lack of internal systems and appropriate structures in government departments for channelling this work remains a serious constraint. The fact that Regulations to the Equality Act have not been passed has also meant that departments have not been compelled to comply with the requirements set out in Chapter 5 of the Act. The result of these shortcomings is reflected in the inability of many government departments to achieve equality targets in terms of training and employment of women and persons with disabilities.

While the utilisation of mechanisms such as the Equality Court has been limited, the cases already brought before the "court, and the remedies available to complainants, suggest that if the Court is fully functional, and if the barriers to accessing justice are removed, it could be a crucial tool with which to express ordinary South Africans' right to equality. The existence of designated Equality Courts is not necessarily a measure of their effective functioning. It is critical that there is public awareness of the court's existence, and it is critically important that ordinary people have access to the court through the appropriate legal assistance.

The Equality Act provides for the development of plans and programmes that will promote equality through all government departments and public institutions; it also provides for similar measures to be applied to private institutions. Once again, these could be powerful mechanism through which to advance substantive equality. It is crucial therefore, that the entire Act is implemented, and that Parliament ensures that it is informed regularly on the implementation of the provisions contained in Chapter 5. Finally, the South African Human Rights Commission and the Commission on Gender Equality must play their role fully as watchdog bodies over the realisation of the right to equality. In addition, these constitutional institutions can raise public awareness on progress made by both the public and private sectors with regard to practical plans for achieving greater equality in South Africa.

4. Recommendations
In light of the insights emanating from the review process, the JMC makes certain recommendations. These recommendations are as follows:

That, in light of the fact that Parliament is sometimes provided with misdirected and meaningless information with regards to the functioning of the national gender machinery, the relevant Committees of Parliament are explicit and specific with regard to information requested from government departments. This is in order to ensure that the quality of information provided to Parliament enables Members to exercise their oversight function effectively.
That Parliamentary Committees play a proactive role in interrogating departmental equality plans as envisaged in section 25 of the Equality Act. If issues related to disability and gender are fully mainstreamed, such equality plans should be integral to the strategic 'Plans of each government department, and should form part of the measurable objectives developed for each department.
That the legislation governing customary marriages be reviewed with a view to ensuring that women married in terms of this legislation are offered adequate protection in terms of owning land, inheriting from spouses, and obtaining security of tenure.
That the relevant Committees of Parliament engage with the Department of Provincial and Local Government on the manner in which the national gender machinery has' been put into operation. Attention must be paid to the level at which Gender Focal Points are appointed so as to ensure that they are able to carry out their functions effectively.
That the Department of Provincial and Local Government be requested to ensure that election registration records are kept accurately for gender auditing purposes.
That the relevant Committees of Parliament avail themselves of additional information from stakeholders in order to facilitate a comprehensive, more accurate assessment of the national and provincial situation as it pertains to gender.
That the relevant Committees of Parliament engage with the Department of Land Affairs and the Department of Agriculture on the transfer of land to women, as well as the quality of support provided to women when awarded agricultural land.
That the relevant Committees of Parliament engage with the Departments of Safety and Security and of Justice and Constitutional Development with a view to ensuring that police officials and magistrates be given further training on the application of laws such as the Domestic Violence Act.

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i Note that this report (focusing on gender) forms part of a comprehensive report on the Impact of the Equality Act on the lives of women and people with disabilities.

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