COMMISSION ON GENDER EQUALITY

RESPONSE TO THE AD HOC COMMITTEE REVIEW OF CHAPTER 9 AND ASSOCIATED INSTITUTIONS

FOREWORD

The Commission on Gender Equality respects the constitutional power to review and welcomes this initiative from the Ad Hoc Committee to review Chapter Nine State Institutions Supporting Constitutional Democracy.

Institutionalising the constitutional values of human dignity, equality and freedom for all remains a challenge in our deeply divided and diverse society. A decade of democracy is a relatively short period of time to erode the legacy of colonialism, apartheid and patriarchy and for a nation to internalize the values on non-racism and non-sexism.

The Commission on Gender Equality is aware of many different expectations of civil society and government alike as to the “ideal” role of the Chapter Nines often times to serve the particular interests of particular groups and individuals. The constitutional mandate of the CGE, however, has always been our source of direction.

The CGE consistently applies effective, creative and innovative ways of raising public awareness of gender equality issues, of exposing gender-based discrimination and abuse and securing redress, and of monitoring the transformation of gender relations on all levels of society. The most challenging part thereof is to bring about change in the real life experiences, social behaviour and psyches of women and men, girls and boys. The eradication of prejudice, stereotypes and gender-based discrimination is central thereto.

We hope that the Committee will receive and consider our submission in a constructive manner, and that the Committee will ensure the independence, impartiality, and dignity and effectiveness of the Commission on Gender Equality to exercise its powers and perform its function without fear, favour or prejudice.

Along with other Chapter Nines, the Commission on Gender Equality would like to be given the opportunity to make a formal oral submission to the Ad Hoc Review Committee.

Joyce Piliso-Seroke

Chairperson: Commission on Gender Equality

AD HOC COMMITTEE REVIEW OF CHAPTER 9 AND ASSOCIATED INSTITUTIONS

SECTION A

ROLE AND FUNCTIONS OF INSTITUTION

QUESTION 1

How do you view your institution’s constitutional/legal mandate? In other words, provide a description of your understanding of your institution’s constitutional/legal mandate.

The Commission on Gender Equality is an independent statutory body, established in terms of Section 187, Chapter 9 of the Constitution of South Africa, Act 108 of 1996.

Our mandate is to promote respect for gender equality and the protection, development and attainment of gender equality. The powers and functions of the CGE are detailed in the Commission on Gender Equality Act 39 of 1996. In terms of Section 11(1), the CGE must:

· Monitor and evaluate policies and practices of state organs, state agencies, public bodies and authorities 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 equality;

· Develop, conduct and manage education and information programmes to foster public understanding of matters pertaining to gender equality and the role and activities of the Commission;

· Evaluate any act of parliament, system of personal and /or family law, custom and/or customary practices, system of indigenous law or any other law, and may recommend to Parliament or any other legislature the adoption of new legislation which would promote gender equality and the status of women;

· Investigate gender-related complaints from members of the public or on its own initiative to resolve any dispute or rectify any act or omission by mediation, conciliation or negotiation;

· Maintain close liaison with institutions, bodies or authorities with similar objectives to the Commission;

· Liaise and interact with any organisation which actively promotes gender equality and other sectors of civil society to further the object of the Commission;

· Monitor and report on compliance with relevant international conventions, international covenants and international charters;

· Conduct research or cause research to be conducted to further the object of the Commission; and

· Consider recommendations, suggestions and requests from any source regarding the promotion of gender equality.

QUESTION 2

What role or function does your institution perform that is not carried out by other institutions, whether in government or in civil society?

The CGE operation as a Chapter 9 organisation and as part of the Institutional mechanism set up by Government in terms of its commitment to international instruments binding at international law which impact on women and gender equality.

These include the convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) 1979, the Beijing Declaration and Platform for Action (BPFA) 1995, and the Solemn Declaration on Gender Equality in Africa (2004).

The CGE participates in the national gender machinery established to advance gender equality and the status of women according to the national adoption of gender mainstreaming as its enabling mechanism.

	Complementarity
Office on the Status of Women (OSW) and Special Programmes Directorates ( SPD)	The OSW and SPDs focus exclusively on the implementation of the National Gender Policy Framework within government structures; it does not have a mandate beyond government departments and it has no mandate to investigate complaints by the public or by government officials; the CGE is mandated to monitor and evaluate all sectors of society, including government and the private sector. The OSW and SPDs are audited for implementation of the Policy Framework by the CGE.
Joint Monitoring Committee on the Improvement of the Quality of Life and Status of Women	The JMC focuses exclusively on Parliamentary structures; it has no mandate to investigate complaints by the public or by parliamentary officials. The CGE assesses all legislation in terms of its impact or potential impact on gender equality and the status of women, and make submissions to Parliament on existing or proposed legislation.
The Judiciary	The Courts rule on lawful and unlawful gender-based discrimination based on the legislative framework, but they are not responsible to the implementation of rulings; the CGE investigates the implementation of rulings to see if private and public entities can be held in contempt
Civil Society	Civil society organisations use Chapter 9 organisations such as the CGE to function, e.g. to do research, to monitor gender discrimination in society, to litigate, to investigate etc

QUESTION 3

In what way, if any, does the role and function of your institution overlap or potentially overlap with other Chapter 9 organizations?

There is no overlap between the role and functions of the CGE and of other Chapter 9s; in stead, the roles are complementary, as indicated below:

	Complementarity
Human Rights Commission	Reporting on Promotion of Equality and Prevention of Unfair Discrimination Act no 2 of 2000 (PEPUDA) and Equality Courts with the CGE being an alternate forum in terms of the Act
Office of the Public Protector	Investigation of gender-related complaints . in relation to abuse of power within state institutions with the CGE being an alternating forum in terms of the Act
With CRL	Public education and information programmes, as well as research, on gender and issues of culture and religion
Auditor-General	Monitoring and evaluation of gender budgets of the public organs
Electoral Commission	Monitoring and evaluation of gender mainstreaming within political parties and gender equality in electoral systems and during elections
Broadcasting Authority	Investigation of gender-related complaints and monitoring and evaluation of gender equality and gender awareness in the media

QUESTION 4

What outcomes do you strive for in order to realise the constitutional/legal mandate set out in 1 above?

Vision:

A society free from unlawful unfair gender-based discrimination and oppression.

Mission:

The Commission on Gender Equality strives to fulfill its statutory mandate as an independent constitutional body by:

· Promoting, protecting, monitoring and evaluating gender equality in all social structures;

· Continuously engaging in cooperative and visible partnerships with all stakeholders at large; and

· Supporting democratic processes by facilitating gender equality in society as a whole.

Outcomes:

· Gender awareness in all legislation, policies and budgets, and removal of all discriminatory aspects in existing legislation, policies and budgets;

· Gender awareness in matters of culture, religion and tradition, and removal of all discriminatory aspects in existing cultural, religious and traditional practices;

· Partnerships with stakeholders on an international, regional, sub-regional and national level to promote gender equality in South Africa and beyond its borders; and

· Removal of sexism and promotion of non-sexism in society at large, on a policy level, organisational and institutional level, as well as on the level of everyday life experiences of women and men.

Impact:

· Increased understanding of the perceptions on the ground on issues of gender;

· Increased public awareness on issues of gender;

· Reduction of gender based violence brought about by education programmes and legislation;

· Improved maintenance system;

· Sensitized government departments towards issues of gender;

· Improved representation of women in decision-making structures;

· Increased gender sensitivity in the school curricula;

· Participated in gender-related precedent setting processes through cases litigated in the Constitutional Court;

· Successfully handled complaints of discrimination based on gender;

· Participated in including a gender perspective in national, sub-regional, regional and international processes;

· Together with Advertising Standards Authority of South Africa (ASASA) dealt with cases of derogative advertising which promotes negative stereotypes about women; and

· Strengthening civil society through partnerships with CSOs.

Achievements

· Developed Gender Training and resources material for public sensitization on gender;

· Annually conducting campaigns on gender sensitization;

· Participated in processes of developing a number of gender related policies within governments and public sector;

· Thousand of cases that are related to discrimination on the basis of gender were reported, arbitrated and mediated;

· Successfully managed to make inputs regionally and internationally to the development of gender related human rights instrument;

· Monitor gender mainstreaming in government departments and the private sector;

· Launching and implementing of the 50/50 campaign in local government election; and

· Impacting law reform, particularly the Children’s Bill in relation to virginity testing and circumcision.

QUESTION 5

Does the empowering legislation governing your institution provide a clear, workable and comprehensive legal framework that supports and empowers the institution to successfully fulfill its core mandate?

Yes. However, discrepancies exist between different aspects of the various equality laws, and hence the mandate of the CGE is broad in terms of the constraints on resources since its inception. The previous submission to the South African Parliamentary National Assembly Joint Constitutional Review Committee on “Equality and Institutions That Promote Democracy” dated 1 June 2006 refers: the following aspects were cited in the aforementioned submissions:

· changes to section 181; 184 and 187(2) of the Constitution;

· changes to section 3(1); 3(4), section 11, section 17 of the CGE ACT; and

· framework of the Equality Courts.

In response to the question the collective view of Chapter 9 institutions is that the issues raised are interlinked and the independence of Chapter 9 institutions cannot be achieved if they cannot control and determine our budgets. Quoting a judgment by Judge Pius Langa in the matter between the New National Party vs the Government of the Republic of South Africa:

“On the other hand, the South African state institutions, with constitutionally guaranteed independence are for their very existence and freedom of action, dependent upon each other. The legislature, the executive, the courts of justice and the chapter 9 institutions are all creatures of the same constitution. They owe allegiance to the same constitutional ideals, declarations, guarantees and responsibilities and the same Bill of Rights. In the performance of their own particular functions these institutions must act independently, but in pursuance of the ideals of good governance and a democratic society they need to recognize their own particular functions. These institutions must act independently, but in pursuance of the ideals of good governance and a democratic society they need to recognize their inter-dependence and to co-operate and support one another”. As the CGE we support the spirit of the aforementioned judgment.

QUESTION 6

What mechanisms do you have in place to measure the outcomes set out in 4 above, and how do you assess the effectiveness and impact of your work?

The CGE uses the following management tools to measure outcomes and assess effectiveness and impact of work:

· Annual national strategic plan with measurable targets and timeframes;

· Annual provincial workplans with measurable targets and timeframes;

· Balanced Scorecard with measurable targets for effectiveness, impact and measurement;

· Risk management plans for tracking of progress;

· Internal and external auditing; and

· Periodically evaluating the general operations of the institution e.g. a National Gender Opinion Survey was conducted.

QUESTION 7

Have you carried out any evaluation looking at the success or otherwise of your functions, especially in relation to recommendations sent to government, parliament or other public institutions?

The CGE has over a period of time contracted a number of organisations to assess the effectiveness of our operations and functions – these include:

· The DFID evaluation;

· The Canada best practice model report;

· The CSAP on outreach;

· The HSRC study on relations with stakeholders; and

· Training and development needs assessment was conducted by EU/CSAP

The CGE conducts its programmes in a systematic manner (gender and poverty; gender and governance; gender and citizenship; gender, culture, religion and tradition; and gender-based violence). This approach enables the CGE to monitor and evaluate systems, structures and procedures of on ongoing basis, which is cognisant of the response of parliament, government and other public institutions to the recommendations and interventions of the CGE.

For example, the CGE has been promoting gender equality in elections and governance since its establishment. The inclusion of the 50/50 principle as well as recent gains in women’s representation and political participation on national, provincial and local government level is a clear indication of the CGE’s success and the partners in this sector.

Similar examples are to be found in all the other reports of the CGE, such as Gender Equality in Local Governance 2006.

QUESTION 8

What have been/are the major constraints facing your institution and how have these impacted on its ability to achieve its mandate?

The CGE has reported to Parliament over a period of time the following constraints have impacted on the ability to achieve its mandate:

Legislative framework

With reference to the submission to the Parliamentary Joint Monitoring Committees on the Quality of Life and Status of Women on “Impact of the Promotion of Equality and the Prevention of Unfair Discrimination Act 4 of 2000”, dated 22 September 2006.

· Section 187(2) of the Constitution fails to empower the CGE to take steps to secure appropriate redress where gender discrimination occurs;

· Section 11 of the CGE Act fails to accord the CGE any express powers to litigate in its own name or on behalf of any other person;

· Section 17 of the CGE Act does not expressly indemnify the CGE from a cost order in respect of litigation; and

· Section 28 of PEPUDA compels the CGE to monitor gender discrimination, but fails to task the CGE with the legislative responsibility of reporting to Parliament on the extent of gender transformation in relation to Equality Courts outcomes on gender related matters. In stead, it compels the CGE to report to the Equality Review Committee;

Reporting lines

Due to the encompassing nature of the CGE’s mandate as noted in the Constitution Act 108 of 1996. We need to ensure gender issues are extended throughout the total government sphere impacting on South African communities. The current arrangement of reporting to the Portfolio Committee or Department of Justice and Constitutional Development is constraining the efficiency of our service delivery. Therefore it is important that the CGE rather report to the separate Standing Committee for Chapter 9 Institutions and be afforded the opportunity to present its report to Parliament twice a year.

Financial resources

Although Treasury’s allocation has increased over a period of time this has not been remotely enough to put the programs of magnitude in place and to give effect to the CGE’s mandate.

Another complicating factor that impact on our service delivery is the uncertainty created by the funding via the Department of Justice and Constitutional Development. This method creates a situation whereby the CGE always competes with the Departmental priorities. Recently it became evident when the CGE could not even be afforded the opportunity to present its MTEF as mentioned in question 23.

This compromises the underlying principle of independence of Chapter 9 Institutions as embedded in the Constitution of the Republic of South Africa.

The notion of gender equality

Equality is a difficult and deeply controversial idea. Gender equality, even more so, is at its most basic and abstract, a moral idea which challenges the traditions, religion and culture of many people and in different manners. In addition, determining what constitutes “unlawful” and “unfair” gender-based discrimination is a complex process. While a significant number of people overtly object to the notion of gender equality, the majority of people continue to harbour gender stereotypes and prejudice (including entities who would actively promote “other” aspects of constitutional democracy) and in general find it impossible to distinguish between gender parity, gender equality and gender equity; fair and unfair gender-based discrimination; and women’s rights, human rights, the right to gender equality and non-sexism. This poses a particular challenge to the Commission on Gender Equality in these early days of our democracy.

SECTION B.

RELATIONSHIPS WITH OTHER BODIES

QUESTION 9

How do you view the Commission on Gender Equality (CGE)’s relationship with the executive and Parliament, given its constitutionally guaranteed independence and impartiality and the constitutional requirement to be accountable to the National Assembly? In particular please address the following issues: What legal and other mechanisms are in place to ensure and strengthen CGE’s independence;

(i) The Republic of South Africa Constitution Act 108 of 1996 which establishes the chapter nine institutions;

(ii) Commission on Gender Equality Act no 39 of 1996, which gives powers to the commission;

(iii) Promotion of Equality and Prevention of Unfair Discrimination Act no 2 of 2000;

(iv) National Gender Policy Frame Work; and

(v) National, Regional and international instruments which have bearing on the mandate of the CGE as the institution mandate to promote, protect , attainment of gender equality and making sure that government does comply with the resolution of the treaties that it has ratified/signed in order to promote gender equality. These include, Convention on the Elimination of all forms of Discrimination Against Women, Beijing platform for Action, AU protocol on, the Rights of Women, Solemn Declaration on Gender Equality in Africa, SADC Declaration on Gender based Violence etc.

Again drawing an inference from judgment by Judge Pius Langa in the New National Party vs the Government of the Republic of South Africa as follows:

“On the other hand, the South African state institutions, with constitutionally guaranteed independence are for their very existence and freedom of action, dependent upon each other. The legislature, the executive, the courts of justice and the chapter 9 institutions are all creatures of the same constitution. They owe allegiance to the same constitutional ideals, declarations, guarantees and responsibilities and the same Bill of Rights. In the performance of their own particular functions these institutions must act independently, but in pursuance of the ideals of good governance and a democratic society they need to recognize their own particular functions. These institutions must act independently, but in pursuance of the ideals of good governance and a democratic society they need to recognize their inter-dependence and to co-operate and support one another”.

The independence of Chapter 9 institutions cannot be achieved if they cannot control and determine their budgets

(a) What mechanisms are in place to facilitate reporting to (and being accountable to) the National Assembly;

Through the annual report the CGE is able to account to parliament on the work that the CGE is doing. Moreover through interaction with the Ad Hoc Committee on Justice and Constitutional Development is not the ideal situation, the CGE is able to report on progress in terms of its mandate. There has been instances in the past where the CGE was requested to report to the two houses of Parliament as mentioned before, notably this is the desired situation.

(b) How do you view CGE’s relationship with the executive and under what circumstances does CGE engage the executive.

The relationship that CGE has with the executive is ad hoc. Since Chapter 9 institutions are independent statutory bodies

(i) From its side the Gender Commission will pursue a cooperative and supporting relationship with all independent state institutions, including the executive and the legislature. The principles of co-operative government and inter-governmental relations set out in chapter 3 of the Constitution seem to provide appropriate guidelines also for this situation and the Commission endorses section 41 (1), (2),(3) and (4) of the Constitution.

QUESTION 10

Is Parliament currently effectively fulfilling its oversight role over CGE?

If not, how can this be improved?

Yes, the CGE does report to parliament on its work through annual report. During the annual budget sessions Parliament scrutinizes the reports and suggests where improvements are needed. However, there is no clear mechanism on the side of Parliament to ensure that the CGE recommendations are implemented. Of great concern is lack of interest to the aforementioned CGE recommendations which happen to be central to the monitoring function of the CGE. As a result, we propose a Parliamentary Standing Committee for Chapter Nine Institutions to be put in place.

The rationale to have a Parliamentary Standing Committee is supported by the view that the involvement and engagement of different portfolio committees for reporting mechanisms lacks a holistic understanding of the work of the Chapter 9 Institutions. As they are viewed to be overlapping and yet it is not the case.

QUESTION 11

What was the intended relationship of accountability between CGE and other institutions supporting constitutional democracy and the different branches of government?

In terms of the CGE Act no 39 of 1996 Section 11 (e) to (g) the CGE may at any stage refer any matter to South African Human Rights Commission, Office of the Public Protector, and any other authority bodies or authorities with similar objectives to the Commission in order to foster common policies practices and to promote co-operation in relation to the handling of complaints in cases of overlapping jurisdiction or other appropriate instances. Furthermore, CGE liaises and interacts with any organization which actively promotes gender equality as well as other sectors of civil society to further the objectives of the Commission’s mandate. To this point this is done satisfactorily.

Through EU funded Civil Society Advocacy Program, the CGE, South African Human Rights Commission and the Office of the Public Protector have formed a partnership through a Project Steering Committee that has civil society represented on it to look into capacity issues within the three Chapter Nine Institutions and how to deal with areas of work that complement each other.

To what extent have these relationships been realized?

The CGE continues to maintain close working relationship with civil society organizations through public awareness programmes on gender and complaints that are referred to the CGE, generally this has been satisfactory.

QUESTION 12

Does CGE have any official or informal relationship with Chapter 9 institutions or institutions of a similar nature? If yes, describe the nature of this relationship and the outcomes envisaged and generated by this relationship.

Currently we have a Chapter Nine Forum, which collaborates on the human rights calendar events, that seek to raise awareness about the mandate of the Chapter Nines and work that we do, to take complaints from the communities we visited for further investigation and raise awareness about the Section 9 of the Bill of Rights which promotes equality that is protected by these Institutions. Furthermore the Civil Society Advocacy Programme (CSAP) has strengthen the relationship of the three Chapter Nine Institutions.

QUESTION 13

What is the extent of collaboration and coordination of the work carried out by CGE and similar / related work carried out by other Chapter 9 institutions or similar institutions of a similar nature? Give examples of successful initiatives in this regard.

To mention a few:-

(i) Collaborative events on the human rights calendar events .e.g.

a. Human Rights day 21 March,

b. 9 August Women’s’ day,

c. 27 April Freedom day,

d. 25 November 2006 – 10 December Sixteen Days of Activism etc.

(ii) Referral of Complaints for litigation;

(iii) Joint awareness programmes and projects. (Human Rights Awards)

· Education Institutions e.g. the “ girl child” programme;

· Civil Society /SAPS / NPA e.g. Domestic Violence Awareness Programme;

· Men’s Forum e.g. Gender Based Violence Programme;

· CBO’s / NGO’s close relationship with SANGOGO; and

· Local Government and Provincial Government – women’s participation in elections.

When partnering on activities from time to time, Chapter Nine Institutions construct a Memorandum of Understanding that clearly identifies areas of responsibility and financial commitment for each Chapter Nine Institution.

SECTION C

INSTITUTIONAL GOVERNANCE

QUESTION 14

What are the institutional arrangements in your institution? Are these arrangements clearly set out and do they allow for a smooth running of the institution? Is there a clear, logical and workable division between the members of your institution appointed by the President on advice of the National Assembly and the secretariat? What suggestions do you have to improve the institutional governance arrangements?

When the CGE Act No 39 of 1996 was promulgated, it did not have supporting regulations as happened in the case of some of our sister constitutional bodies. This was both a disadvantage and an advantage in that over the course of a year, after its establishment, the CGE had the space to define itself as a new and dynamic institution. This process was followed by development of enabling regulations for the CGE in a form of a document called “Principles, Policies, Rules and Regulations of the CGE” (PPR&R) which covers the following areas (i) functions, compositions, decision making and accountability; (ii) human resources policy; (iii) performance management; (iv) operations and procurement; (v) public image, public queries media and publications; (vi) submissions regarding monitoring ;lobbying and advocacy.

One of the first questions, which confronted us, was whether or not the staff of the Commission is Public Servants. At that stage CGE Plenary has concluded in this regard, that the staff of the CGE is Public Servants and, the CGE Act stipulates that the remuneration of Commissioners and staff must be determined in consultation with the Minister of Finance and the Public Service Commission. Commissioners and staff are paid according to Public Service pay scales. The CGE is audited by the Office of the Auditor General that base its assessment also on Internal Audit Reports for audits conducted annually.

In the Principles, Policies, Rules and Regulations of the CGE document, the CGE has opted to use the Public Service Act and its regulations as basic framework; deviating from it only where principles of equity and values fundamental to the CGE justify such a course of action. Examples are provisions for paid maternity leave; paternity leave and childcare. Such policies are made with due regard to the CGE's financial constraints. .Other documents that have been consulted in the preparation of this document (PPR&R) are:

The Commission on Gender Equality Act;

The Public Finance & Management Act;

Treasury Regulations;

The SA Human Rights Commission and Youth Commission regulations;

The Labour Relations Act, & The Basic Conditions of Employment Act;

The National Disability Policy;

Public Service Rules and Regulations;

While every effort has been made to ensure that all areas of the CGE's operations are covered in this document such an exercise can never be complete. The Commission thus reviews the document on annual basis; and on an ad hoc basis as required; to make necessary additions and errata as warranted.

The biggest challenges the CGE has ever experienced in terms of corporate governance are as follows:

· Harmonizing the requirements of the CGE Act with that of the PFMA and Treasury Regulations. For instance the treasury Regulations identifies the Chairperson as the executive authority. On the other the CGE Act omits to define / identify the executive authority. To prevent any confusion and having regard to the interpretation of statutes, the CGE Act must clearly define the executive authority as the Chairperson of the Commission as opposed to referring to the regulations for clarity;

· Not having a budget vote for Chapter 9 Institutions in the Speakers Office compromises the independence of the Institutions; and

· Terms of Reference for Commissioners of the CGE.

o Accountability Mechanism for Commissioners in a form of a Standing Committee in Parliament.

o Performance Management system for Commissioners

o Conditions of Services for Commissioners

o Reporting structure of Commissioners (un -clarified)

o Salary disparities with other Chapter Nine Institutions’ Commissioners

o There are delays in salary reviews for Commissioners

All CGE personnel including the Chief Executive Officer have Employment Contracts, Job Descriptions and Performance Contracts. These challenges above were addressed in a seminar that comprised of the Chairperson of the CGE, Senior Management and representatives of all three previous groups of Commissioners. The following public inputs were recommended and forwarded to the Parliamentary Constitutional Review Committee:

• Section 3(2) and Section 3(3) of the CGE Act be amended to provide for an external panel, which shall include, but not limited to the following: one must be a judge or former judge of the Constitutional Court of South Africa, plus a former chairperson of a Chapter 9 Institution, and at least four members of Parliament (both National Assembly, and National Council of Provinces), and other appropriate persons;

• The word “Member” in the CGE Act is to be clearly defined;

• That Section 3 (1) be amended to include a subsection (c) which states that Commissioners must have no less than fifteen years experience and “at least one of whom should have a legal background;

• Section 3(4) should be amended to provide for a non-renewable term of office for Commissioners. In addition, the Act should stipulate a minimum term for Commissioners, which should not be less than two years;
• The CGE Act should be amended to include the following provision: “The CGE may bring proceedings in a competent court or tribunal in its own name, or on behalf of a person or a group or class of persons;

• The act must state that the executive authority of the CGE is the Chairperson;
• The CGE have two Commissioners in addition to the Chairperson of the Commission;
• That PEPUDA be amended to compel the CGE to report to Parliament annually, on the status of gender discrimination, as well as measures taken to address gender imbalance in society; and
• The CGE has developed a Corporate Governance Charter which attempts to spell out how the Commission should be governed at operational level.

QUESTION 15

Does your institution have mechanisms in place to deal with internal conflict in your institution? If yes, what are these mechanisms and are they effective?

• Annually, the CGE conducts team building workshops to promote good interpersonal and working relationship between CGE personnel including Commissioners. Grievance Procedure is in the Principles, Policies, Rules and Regulations (PPR&R) of the CGE;
• The grievance procedures in the PPR&R can be effectively applied to CGE personnel except in the case of Commissioners due to unclear accountability mechanism that the CGE Submission to Parliament is trying to address;
• Internal and External Communication Strategy is used as a tool to promote CGE protocol as a way of avoiding situation that may lead to conflict; and
• Corporate Governance Charter

QUESTION 16

What mechanisms are in place for Chief Executive Officer, Chairperson and Commissioners to disclose and/or seek permission for private commercial / financial interests or involvement? Are mechanisms effective or sufficient to ensure transparency and avoid conflict of interest?

Upon appointment employees of the CGE sign an employment contract that dictates that the employee will not, directly or indirectly, use for her own benefit or the benefit of any other person, and will keep confidential and not disclose, any trade secrets or confidential information of:

· The CGE; or

· any joint venture partners, suppliers, clients and donors of the CGE

These restraints apply to all CGE’s policy and strategic resolutions which pertain to legal disputes with employees or fellow employees.

Upon the employee entering the services of the CGE, he/she is expected devote his/her time and attention to the affairs of the CGE as would reasonably be expected of an employee, and will not be entitled to enter into any other employment whether full-time or part-time or be engaged in any other business directly or indirectly without the prior written consent of the CGE. The prior written consent will be obtained prior to him/her entering directly or indirectly into any business or commercial transactions with any other organization.

SECTION D

INTERACTION WITH THE PUBLIC

QUESTION 17

What was the intended relationship between CGE and the public? To what extent has this relationship been realized?

Part of the CGE mandate is to promote public awareness and sensitization on issues of gender in that regard we have the Public Education and Information Department.

Public awareness at the CGE is done through the development of resource materials to sensitize the public such as: pamphlets; posters; manuals; banners; flyers; Billboards etc.

These awareness programmes at the CGE are carried out through workshops, seminars, dialogues, conferences, colloquium, radio programmes and campaigns that stimulates discussions and debates to encourage South African not only to understand what gender and gender transformation is all about, but to also give their opinion as to how they want change in South Africa to take place.

These are the ideas that are considered by other processes within the CGE such as participation in Law Reform. The level of sensitization on gender issues in South Africa tells of the extent of work carried out by institutions such as the CGE. There are still some sectors and areas that still needs to be targeted to increase the awareness, such as the House of Traditional Leaders in matters such as a succession in Chieftancy of Women, negative custom in the practice of virginity testing, religious institutions, customary marriages etc.

What is encouraging is to see how gender issues are advocated for and promoted today in South Africa not only by institutions such as the CGE but also other CSOs. It tells about the level of awareness among South Africans which is beginning to take shape in the society.

QUESTION 18

Does CGE have mechanisms in place to deal with complaints by the public about the work done by CGE of failure to attend to issues?

The CGE does not have mechanisms in place to deal with the complaints made by the public about the CGE, however the public do resort to other means such as media to some extent approaching the Office of the Public Protector for assistance. It will be good to have an institution that will handle the complaints by the public for all the Chapter Nine Institutions.

QUESTION 19

If you deal with public complaints, what mechanisms are in place to deal with such complaints, to follow through on such complaints and to successfully resolve them?

The CGE has a complaints management system through the complaints manual This is a process carried out in the CGE Legal Service Department which is managed by , an admitted attorneys in all the provinces. The CGE addresses complaints from the Public and can investigate on its own accord in terms of the Act.

In addition, the CGE keeps track of legislation in Parliament to make sure that it meets the international and domestic obligations in terms of women's rights and gender equality.

The Parliamentary submission process also helps us to get the voices of communities that Parliament doesn't necessarily see or hear, into a submission. So, we do that by holding workshops on draft legislation in communities, educating the communities on the daft legislation through that we obtain public opinion, which forms part of the submissions to Parliament.

It is our position as the CGE that public relationship should be enhanced through public education and information, monitoring and advocacy. In addition to holding public events, the CGE engages specific communities in both rural and urban environments, in order to promote, protect, and monitor gender equality.

Revisiting the question at hand, once the complaint has been received from the public, CGE has to acknowledge receipt of the complaint and advise the complainant the steps that will be taken to resolve the matter. The relevant official has to investigate the complaint, upon finalization of the investigation the complainant/s will be informed of the outcomes. The CGE has developed complaints manual which sets out the procedure very succinctly and with clarity on the manner in which complaints should be dealt with. 

For instance strict time lines to acknowledge receipt of a complaint must be effected within five (5) working days.  Thereafter a second response must be forwarded to the complainant within 30 days of the acknowledgement of receipt correspondence.  Complainants’ files are duly diarized and worked on very systematically with regular updates being provided to the complainants about the progress of their cases. 

Collaborations with other institutions, organizations and partners on the ground usually ensure that these matters are resolved and that the complainant obtains the relevant feedback pertaining to the complaint.  The CGE has powers of mediation and conciliation which goes can ensure resolution of cases. In addition to this, matters being referred to the Equality Court for adjudication are always one way to ensure that the complainant’s matter is canvassed at a higher level should the internal processes within the CGE fail to resolve the issue sufficiently. It should be noted that, the CGE is in the process of gazetting the Complaints Manual.

Of great concern, the CGE Act does not give the CGE powers to litigate, something that the CGE tried to address though the submission to the Constitutional Review Committee. This inability to litigate is found to be debilitating in terms of the manner and style the CGE would want to address cases of gender discrimination. Currently the CGE only litigates amicus urea (as friend of the court) in mostly precedent setting kind of cases.

Lastly, we conduct research in order to address the problematic areas. The research would emanate either because we see a pattern of systemic problems coming through from the individual complaints or we've identified that there's a lacuna in the law, or members of the public has brought the concern or a problem to our attention.

SECTION E

FINANCIAL AND OTHER RESOURCE MATTERS

QUESTION 20

Give an indication of your budget allocation, additional funding and expenditure over the past five years.

	2001/2002	2002/2003	2003/2004	2004/2005	2005/2006
Treasury allocation	R13,4m	R14,9m	R17,33m	R21.4m	R26,5m
Donor funds	R0,45m	R1,1m	R1,7m	R1m	R1,5m
Total income	R13,85m	R16m	R19,03	R22,4m	R28m
Requested budget	R30m	R34m	R39m	R44m	R40m
Budget (shortfall)	(R16,15m)	(R18,5m)	(R20,1m)	(R18m)	(R12m)
Actual Expenditure	R14.2m	R16m	R19m	R20.7m	R25,8m
Actual surplus / (shortfall)	(R0.35m)	R0.047m	R0.142m	R1.7m	R2,2m

QUESTION 21

Please provide detailed information of the remuneration packages for office bearers and Commissioners.

Commisioners	Remuneration 2005/2006 Rands	Remuneration 2006/2007 Rands	Remuneration 2006/ 2008 Rands
Chairperson	565818	622 010	659 331
Deputy Chair	480363	528 079	559 764
Fulltime Commissioners	255914	496 028	519 644
Part time Commissioners	R221 per hour	R260 per hour	R271 per hour

Secretariat	Remuneration 2005/2006 Rands	Remuneration 2006/2007 Rands	Remuneration 2007/2008 Rands
CEO -	558 136	583 810	618 336
COO	N/A	520 000	552 227
CFO	496 850	473 991	502 725
HOD – PEI	466 838	488 313	517 806
HOD – Research	N/A	473 991	502 725
HOD – Legal	459 942	473 991	502 725

Please note that the adjustment for Commissioners’ remuneration takes place annually in April, however the approval for the 2006 financial year is still pending.

There is a great concern that the CGE is the only Chapter 9 institution whose senior managers are the lowest paid and cannot compare with salaries of similar institutions like the SA Human Rights Commission, the Public Protector, The Independent Electoral Commission etc who are also the formation of the Constitution.

Following the meeting of the Parliamentary Committee on Justice and Constitutional Development held on 12 April 2005, a recommendation was made to the effect that the CGE’s salaries be reviewed to avoid high staff turnover. As a measure to rectify the negative trend as well as to provide the necessary support for the CGE to implement its mandate, the CGE embarked on an exercise of job weighing by Deloitte and Touche for senior managers to comply with Public Service Rules and Regulations pertaining to salary review process.

The report and the recommendations were submitted to the Department of Justice, the Public Service Commission, the Chairperson of the CGE for consideration and approval. However the finalization of this submission has not been concluded.

QUESTION 22

Please illustrate the budget process followed by your institution, including the process of allocation of funds.

Process	Timeframe
CGE holds a strategic planning session in order to identify all activities for the forthcoming year.	July
A draft strategic plan is drawn up and reviewed by management and Commissioners.	July
The strategic plan is costed and a draft budget is prepared.	End July
4. Draft budget is reviewed by secretariat and commissioners	August
5. MTEF budget is prepared by making use of strategic plan and draft budget, reviewed and submitted to Justice for inclusion in the Department of Justice (DOJ) MTEF budget.	August
6. Traditionally we are invited to present our MTEF budget to Treasury, however this process was amended this year and we were not provided an opportunity to present our requirements.	September
7. DOJ – MTEF is included in the Minister of Finance’s MTEF budget in October.	October
8. MTEF allocation is provided to CGE	November
9. Detailed budget is prepared for each Provincial Office, and each department within CGE.	December
10. Detailed budget is reviewed and adjustments are made by Plenary.

QUESTION 23

Are the current budgetary and administrative arrangements sufficient to ensure autonomy of Chapter 9 institutions?

No, the current process does not provide autonomy to us, since it makes the CGE dependent on the Department of Justice for funding. For the 2007:2010 MTEF budgets, The CGE was not given an opportunity to present and motivate its budget and requirements for the forthcomings years to Treasury. The decisions taken and motivations for allocation or non allocation of funding is also not transparent.

QUESTION 24

To what extent are the resources allocated to your institution directly spent on meeting its key responsibilities?

Within the current financial year we plan to spend 68% of resources directly on our core functions. The Commission will at all times spend the money allocated to it as frugally and as closely as possible in conformance with the state’s statutory and regulatory financial regime, Within 2005/2006 the percentage spend on non core activities was 32% higher than normal since we had certain cost with regards to establishing new offices and recruitment of new personnel. A detailed breakdown is below:

For the 2006/2007 the budget breakdown is as follows:

Core functions percentile of budget
Legal services	18%
Public Education and information	17%
Research and monitoring	17%
Commissioners office	16%
Total core function	68%
Non –Core functions percentile of budget
Strategy, Administration and Management	32%

For the 2004/2005 and 2005/2006 the actual expenditure breakdown is as follows:

Core functions percentile of budget	2005/2006	2004/2005
Legal services	14%	15%
Public Education and information	22%	23%
Research and monitoring	9%	9%
Commissioners office	11%	15%
Total core function	56%	62%
Non –Core functions percentile of budget	2005/2006	2004/2005
Strategy, Administration and Management	44%	38%

QUESTION 25

Please tabulate the full staff complement of your institution, including all executive and non-executive staff. Please separate staff in the head office from regional offices, where applicable.

Head office staff

	Chairpersons’ office	Level	Reporting line
A	Chairperson		Parliament
A.2	Deputy Chair		Chairperson
A.3	Full time Commissioners		Chairperson
A.4	Part time Commissioners		Chairperson
	CEO's office	Level	Reporting line
1	Chief Executive Officer (SM)	14	Chairperson
2	Personal Assistant to the CEO	8	CEO
3	Personal Assistant to Chair	8	Chair
4	Personal Assistant to Deputy Chair	8	Deputy Chair
5	Chief Operations Officer (SM)	13.5	CEO
6	HR manager	11	CEO
7	HR Administrator	6	HR Manager
8	Communications Director (SM)	13	CEO
9	Communications Officer	10	Communications Director
	Legal	Level	Reporting line
10	HOD - legal (SM)	13	CEO
11	Parliamentary Officer	11	HOD - Legal
12	Senior Complaints Officer	11	HOD - Legal
13	Administrative Officer	6	HOD - Legal
14	Complaints Administrator	7	HOD - Legal
15	Legal Researcher	10	HOD - Legal
	PEI	Level	Reporting line
16	HOD - PEI (SM)	13	CEO
17	Senior Education Officer	11	HOD - PEI
18	IT Officer	9	HOD - PEI
19	Deputy Director Finance	11	HOD - PEI
20	Administrator	6	HOD - PEI
21	Resource Administrator	7	HOD - PEI

	Research	Level	Reporting line
22	HOD - Research (SM)	13	CEO
23	Deputy Director	11	HOD - Research
24	Administrative Officer	6	HOD - Research
25	Researcher Officer	9	HOD - Research
26	Researcher Officer	9	HOD - Research
	Finance	Level	Reporting line
27	Chief Financial Officer (SM)	13	CEO
28	Deputy Director	11	CFO
29	Assistant Director	9	DD - finance
30	Accounts assistant	5	DD - finance
31	Administrative Officer	6	CFO
32	Receptionist/ Secretary	6	CFO
33	Registry Clerk/Driver	4	DD - finance
34	Office Assistant	3	DD - finance

Provincial staff

	Western Cape	Level	Reporting line
35	Provincial Co-ordinator	10	COO
36	Legal Officer	10	Prov co & HOD - Legal
37	Education officer	9	Prov co & HOD - PEI
38	Researcher	9	Prov co & HOD - Research
39	Provincial Administrator	6	Prov Coordinator
40	Office Assistant	3	Prov Coordinator
	Northern Cape	Level	Reporting line
41	Provincial Co-ordinator	10	COO
42	Legal Officer	10	Prov co & HOD - Legal
43	Education officer	9	Prov co & HOD - PEI
44	Researcher	9	Prov co & HOD - Research
45	Provincial Administrator	6	Prov Coordinator
46	Office Assistant	3	Prov Coordinator
	Eastern Cape	Level	Reporting line
47	Provincial Co-ordinator	10	COO
48	Legal Officer	10	Prov co & HOD - Legal
49	Education officer	9	Prov co & HOD - PEI
50	Researcher	9	Prov co & HOD - Research
51	Provincial Administrator	6	Prov co
52	Office Assistant	3	Prov co
	Limpopo	Level	Reporting line
53	Provincial Co-ordinator	10	COO
54	Legal Officer	10	Prov co & HOD - Legal
55	Education officer	9	Prov co & HOD - PEI
56	Researcher	9	Prov co & HOD - Research
57	Provincial Administrator	6	Prov co
58	Office Assistant	3	Prov co
	Mpumalanga	Level	Reporting line
59	Provincial Co-ordinator	10	COO
60	Legal Officer	10	Prov co & HOD - Legal
61	Education officer	9	Prov co & HOD - PEI
62	Researcher	9	Prov co & HOD - Research
63	Provincial Administrator	6	Prov co
64	Office Assistant	3	Prov co
	Gauteng	Level	Reporting line
65	Provincial Co-ordinator	10	COO
66	Legal Officer	10	Prov co & HOD - Legal
67	Education officer	9	Prov co & HOD - PEI
68	Researcher	9	Prov co & HOD - Research
69	Provincial Administrator	6	Prov co
70	Office Assistant	3	Prov co
	KZN	Level	Reporting line
71	Provincial Co-ordinator	10	COO
72	Legal Officer	10	Prov co & HOD - Legal
73	Education officer	9	Prov co & HOD - PEI
74	Researcher	9	Prov co & HOD - Research
75	Provincial Administrator	6	Prov co
76	Office Assistant	3	Prov co
	North West Province	Level	Reporting line
77	Provincial Co-ordinator	10	COO
78	Legal Officer	10	Prov co & HOD - Legal
79	Education officer	9	Prov co & HOD - PEI
80	Researcher	9	Prov co & HOD - Research
81	Provincial Administrator	6	Prov co
82	Office Assistant	3	Prov co
	Free State	Level	Reporting line
83	Provincial Co-ordinator	10	COO
84	Legal Officer	10	Prov co & HOD - Legal
85	Education officer	9	Prov co & HOD - PEI
86	Researcher	9	Prov co & HOD - Research
87	Provincial Administrator	6	Prov co
88	Office Assistant	3	Prov co

“GENDER EQUALITY ENSURES A BETTER LIFE FOR ALL”

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