REPORT OF THE PORTFOLIO COMMITTEE ON WOMEN, CHILDREN, YOUTH AND PEOPLE WITH DISABILTIES ON BUDGET VOTE 7: Women, Children and People with Disabilities, dated 08 APRIL 2010

1. Introduction

The Portfolio Committee on Women, Youth, Children and People with Disabilities received three briefings from the Department of Women, Children and Persons with Disabilities on the strategic plan and budget for the financial period 2010/11 to 2012/13. The Committee engaged extensively with the Department on 17^th, 24^th March 2010 where several concerns were raised. The Department was requested to address those issues of concern. The final deliberations were held on the 8^th April 2010.

The following attended the committee meetings on behalf of the Department:

Hon N Mayende – Sibiya: Minister of Women, Children and Persons with Disabilities.

Mr S Mabasa – Chief of Staff: Ministry of Women, Children and Persons with Disabilities.

Ms Q Delwa – Director: Department of Women, Children and Persons with Disabilities.

Ms U Bongco – Director: Department of Women, Children and Persons with Disabilities.

Dr E Kornegay – Acting Director General: Department of Women, Children and Persons with Disabilities.

Ms N Memani – Adviser to the Minister: Minister of Women, Children and Persons with Disabilities

Ms S Mbatsha – Adviser to the Minister: Minister of Women, Children and Persons with Disabilities.

Mandate, Vision and Mission

Mandate: To drive the government’s equity, equality and empowerment agenda of marginalised groups and holistically disadvantaged communities in each of the sectors (women, children and persons with disabilities) through mainstreaming, empowerment and oversight.

Vision: A non sexist, non–racial, equity and gender equality oriented and inclusive society that cares, protects and develops the human potential of its women, children and persons with disabilities.

Mission: To create an enabling environment to assure the translation of Constitutional obligations.

Strategic objectives

• To create an enabling policy environment for translating government’s mandate towards the empowerment, advancement and socio-economic development of the three vulnerable groups.
• To facilitate the mainstreaming of Gender, Disability and Children (GDC) programmes through the establishment of relevant structures, mechanisms and projects.
• To ensure compliance and comprehensive reporting on implementation of national, continental an international commitments on the GDC considerations through the development of an effective and efficient monitoring and evaluation system.
• To facilitate planning, implementation progress tracking and agreement on strategies for continuous improvement in the three sectors.
• To lead on behalf of the Government of South Africa in women, children’s rights and disabilities initiatives at national, continental and international levels.

Broad Departmental 5 year Priorities

2009/14 National Priorities: Economic growth and sustainable livelihoods Education Health Rural development Fight against crime

Related Priorities of the Department of Women, Children and Persons with Disabilities. Set a gender, disability and children’s agenda (GDC). Develop a Green Paper Develop GDC programme of action · Mainstreaming of Women Empowerment and Gender Equality (WEGE), Children Rights and Responsibilities (CRR) and disability considerations into key programmes of relevant lead departments. Leadership in development of related implementation national standards, rights/responsibility, targets, transformation, M&E and coordination indicators. Facilitation of integrated action to advance WEGE, Children’s Rights and Responsibilities (CRnR) and Rights for people with Disabilities.

Mandate implementation improvement plan

• Strengthening of family life.
• Alignment of understanding in government on mandate of the department of women, children and persons with disabilities.
• Maximisation of invaluable experience of The Presidency over the years on gender equality, children’s rights and empowerment of persons with disabilities.
• Strengthening of strategic public private partnership to advance the rights of women, children and persons with disabilities.
• Alignment of the Office on the Status of Women, Office on the Rights of the Child and Office on the Status of Disabled Persons programmes at three spheres of government with strategic thrust of the Department of Women, Children and Persons with Disabilities.

Key national achievements to date

• Human rights based national constitutions.
• South African ratification of key gender equality, children’s rights and disabilities continental and international instruments.
• Public private partnership.
• Submission of sector specific African Union and United Nation reports and emerging concern.
• Observance of key annual sector specific days.
• South African visibility at international level in the three sectors.

3. Branch mandate implementation plans

The following are the key national achievements in the gender equality, children’s rights and disability sector:

• A constitution that enshrines human rights in the Bill of Rights.
• Ratification of key continental and international instruments on the rights of women, children and persons with disabilities.
• Establishment of public private partnership for a women/gender equality, children and persons with disabilities sectors.
• Submission of reports on South Africa’s performance in the three sectors to relevant committees at the AU and UN. Performance in this area has since become unacceptable and the intended departmental monitoring and evaluation and disaggregated data – base strategy for the three sectors seeks to strengthen national efficiencies.
• Annual observance of key national days in the women, children and disabilities sectors.
• Continuous improvement on public awareness regarding the rights of women, children and persons with disabilities.
• Public private partnership to advance delivery on the rights of women, children and persons with disabilities.
• SA visibility at international level in the three sectors.
• Establishment of the Department for Women, Children and Persons with Disabilities.

Anticipated departmental outputs into 2014

• Women/gender equality, children’s rights and disabilities considerations mainstreamed in programmes of government priorities and respective lead departments.
• Alignment on the understanding, interpretation and application of the national programmes for women empowerment/gender equality, children’s rights and responsibilities and equalisation of development opportunities for persons with disabilities across the three spheres of government.
• Significant improvement in delivery on the constitutional and international gender equality, children’s rights and disabilities mandates.
• Strategic and sustainable public private partnership for acceleration of delivery on the rights of women, children and persons with disabilities.
• Monitoring and evaluation that serve to:

- highlight early warning signals for remedial action;

- ensure continuous improvement;

- create and continuously update South Africa’s database on national compliance with the constitutional and international imperatives in the three sectors.

Programme 1: Administration

The purpose of the programme is to provide effective leadership, management and administrative support services to the Minister and other branches in the Department. This programme includes an allocation to Corporate Services (55 per cent) and Management (28 per cent) whilst the rest of the activities in the programme will be primarily used to set up the new Department, which includes expenditure on recruitment of staff, capital expenditure for the renovation of premises, information technology infrastructure, operating and support systems for the new Minister and mandate implementation costs. However, it is indicated that for the periods 2011/12 and 2012/13 this programme still receives approximately 23 per cent of the Department’s annual budget. In addition, an allocation has also been assigned for Ministerial Special Programmes which the Minister intends using to undertake activities such as imbizos.

Programme 2: Women Empowerment and Gender Equality

The purpose of the programme is to facilitate the translation of national and international instruments into empowerment and socioeconomic development programmes as well as to oversee and report comprehensively on the national realisation of women’s rights and the progressive realisation of equality.

Sub-programme: Policy and planning for Gender Equality

Strategic objective:

The strategic objective is to create an enabling policy environment for empowerment, advancement and socio economic development.

Performance Measures and targets: 2010/2011

• Refined and reviewed national policy.
• Analysis report of gaps in the implementation of Domestic Violence Act produced.
• Gender equality bill drafted.
• Increased awareness of WEGE through the commemoration of National and international days.
• Implementation frameworks for mainstreaming for each department developed.

Performance Measures and targets: 2011/2012

• Policy guidelines and directives and implementation plan developed.
• Implementation plan of the findings of 2010/2011 developed.
• Analysis report of gaps in the implementation of existing legislation produced.
• Report on consultation on draft bill produced.
• Ongoing increased awareness of WEGE through the commemoration of national and international days.
• Review report on implementation frameworks of 2010/2011 produced.
• Ongoing implementation frameworks developed for 2011/2012.

Performance Measures and targets: 2012/2013

• Progress report on the ongoing implementation of policy developed.
• Progress report on the ongoing implementation of the findings of 2010/2011 and 2011/2012.
• Analysis report of gaps in existing legislation produced.
• Policy directives and implementation plan developed.
• Ongoing increased awareness of WEGE through the commemoration of national and international days.
• Impact assessment report produced.
• Review report on implementation frameworks of 2011/2012 produced.
• Ongoing implementation frameworks developed for 2012/2013.

Sub-programme: Mainstreaming and capacity development for Gender Equality

Strategic objective:

The strategic objective is to facilitate mainstreaming of WEGE considerations into all spheres of government.

Performance Measures and targets: 2010/2011

• Strategy for mainstreaming into each department developed.
• Implementation plan for mainstreaming developed.
• Plan for activation of a consolidated women’s empowerment fund established.
• Report of consultations on developing women owned cooperatives produced.

Performance Measures and targets: 2011/2012

• Assessment report of mainstreaming in 2010/2011.
• Review of 2010/2011 implementation plan conducted.
• Ongoing implementation plans for 2011/2012.
• Report on the number of beneficiaries, programmes instituted and cooperatives established.

Performance Measures and targets: 2012/2013

• Assessment report of mainstreaming in 2011/2012.
• Review of 2011/2012 implementation plan conducted.
• Ongoing implementation plans for 2012/2013 developed.
• Case study and a consolidated report on empowerment and return on investment in beneficiaries developed

Sub – programme: Monitoring, evaluation and research for Gender Equality

Strategic objective:

The strategic objective is to ensure compliance and reporting on national, regional and international obligations.

Performance Measures and targets: 2010/2011

• Monitoring and evaluation system developed with gender responsive indicators with the production of disaggregated data available to inform planning.
• Periodic national gender audit undertaken to establish baseline data.
• Oversight report based on quarterly reports from all spheres of government developed.
• Strategies for intersectoral collaborations and coordination developed through machinery consultations.
• Research protocol produced.
• AU, SADC and UN CSW report developed on progress made on implementation of the instruments.

Performance Measures and targets: 2011/2012

• Database with disaggregated information readily available to inform planning and reporting.
• Report on the progress made on the implementation of the recommendation of the national audit.
• Use of developed quarterly reports from all spheres of government to assess progress and trends.
• Progress report on the implementation of intersectoral plan of action.
• Reports produced on research findings in 2011/2012.
• 5^th CEDAW, AU, SADC on the progress made in the implementation of the instruments.

Performance Measures and targets: 2012/2013

• Continuous performance tracking using disaggregated data to determine gaps and challenges and inform planning.
• Review of monitoring and evaluation framework and indicators.
• Research report on emerging issues resulting from the audit.
• Ongoing use of developed quarterly reports from all spheres of government to assess progress and trends.
• Impact assessment report of strategies for intersectoral collaboration and coordination.
• Assessment report on the implementation of 2011/2012 findings. Report on second research undertaken in 2012/2013.
• AU and SADC reports on progress made in the implementation of the instruments.

Programme 3: Children’s rights and responsibilities

The purpose of programme 3 is to consolidate the children’s rights agenda and alignment of conceptual frameworks and strategies across the three spheres of government to advance delivery against constitutional and international instruments.

Sub-programme: Policy and planning for the promotion and protection of children’s rights

Strategic Objective:

The strategic objective is to create an enabling policy environment for the development and protection of children’s rights and responsibilities.

Performance measures and targets: 2010/2011

• Refined and reviewed national policy.
• Increased awareness of children’s rights through the commemoration of the Day of the African Child and the National Children’s Day.
• Implementation frameworks for mainstreaming for each department developed.

Performance measures and targets: 2011/2012

• Policy guidelines and directives developed and implementation plan developed.
• Implementation plan of the findings of 2010/2011 developed.
• Report of consultation on draft policy produced.
• Ongoing increased awareness of children’s rights and responsibilities through the commemoration of national and international days.
• Review report on implementation frameworks of 2010/2011 produced.
• Ongoing implementation frameworks developed for 2011/2012.

Performance measures and targets: 2012/2013

• Progress report on the ongoing implementation of policy developed.
• Progress report on the ongoing implementation of the findings of 2010/2011 and 2011/2012.
• Policy directives and implementation plan developed.
• Ongoing increased awareness through the commemoration and celebration of the Day of the African Child and National Children’s Day.
• Review report on implementation frameworks of 2011/2012 produced.
• Ongoing implementation frameworks developed for 2012/2013.

Sub – programme: Mainstreaming and capacity development for the promotion and protection of children’s rights

Strategic Objective:

The strategic objective is to facilitate the mainstreaming of children’s considerations into all spheres of government.

Performance measures and targets: 2010/2011

• Strategy for mainstreaming into each department developed.
• Implementation plan for mainstreaming developed.
• Activation of a consolidated plan of catalytic projects.

Performance measures and targets: 2011/2012

• Assessments report of mainstreaming in 2010/2011.
• Review of 2010/2011 implementation plan conducted.
• Ongoing implementation plans for 2011/2012 developed.
• Report on the number of beneficiaries in terms of reintegrating street children and each one raise one child initiatives.

Performance measures and targets: 2012/2013

• Assessment report of mainstreaming in 2011/2012.
• Review of 2011/2012 implementation plan conducted.
• Ongoing implementation plans for 2012/2013 developed.
• Case study and a consolidated report on catalytic programmes.

Sub-programme: Monitoring and evaluation and research for the promotion and protection of children’s rights

Strategic Objective:

The strategic objective is to ensure compliance and reporting on national, regional and international obligations.

Performance measures and targets: 2010/2011

• Monitoring and evaluation system developed with children’s rights responsive indicators with the production of disaggregated data available to inform planning.
• Periodic national children’s audit undertaken to establish baseline data.
• Oversight report based on quarterly reports from all spheres of government developed.
• Strategies for intersectoral collaboration and coordination developed through National Children’s Rights Advisory Council.
• Strategies for intersectoral collaboration and coordination developed through machinery consultations.
• Research protocol produced.
• AU and UNCRC report developed on progress made on implementation of the instruments.

Performance measures and targets: 2011/2012

• Database with disaggregated information readily to inform planning and reporting.
• Report on the progress made on the implementation of the recommendation of the national audit.
• Use of developed quarterly reports from all spheres of government to assess progress and trends.
• Progress report on the implementation of intersectoral plan of action.
• Report produced on research findings in 2011/2012.
• Report on AU and UNCRC on progress made in the implementation of the instruments.

Performance measures and targets: 2012/2013

• Continuous performance tracking using disaggregated data to determine gaps and challenges and inform planning.
• Review of monitoring and evaluation framework and indicators.
• Research report on emerging issues resulting from the audit.
• Ongoing use of developed quarterly reports from all spheres of government to assess progress and trends.
• Impact assessment report of strategies for intersectoral collaboration and coordination.
• Assessment report on the implementation of 2011/2012 findings.
• Report on second research undertaken in 2012/2013.
• AU and UNCRC reports on progress made in the implementation of the instruments.

Programme 4: Rights of Persons with Disabilities

The purpose of programme 4 is to strengthen strategic leadership and management of the national and international instruments for the realisation of the rights of people with disabilities.

Sub-programme: Policy and planning for equalisation of opportunities for persons with disabilities

Strategic objective:

The objective is to create an enabling policy environment for empowerment, advancement and socio economic development.

Performance measures and targets: 2010/2011

• Refined and review national policy.
• Analysis report of gaps in the implementation of Mental Health Act produced.
• Increased awareness of disability through the commemoration of national and international days.
• Implementation framework for mainstreaming for each department developed.

Performance measures and targets: 2011/2012

• Policy guidelines and directives developed and implementation plan developed.
• Implementation plan of the findings of 2010/2011 developed.
• Analysis report of gaps in the implementation of existing legislation produced.
• Ongoing increased awareness of disability through the commemoration of national and international days.
• Review report on implementation frameworks of 2010/2011 produced.
• Ongoing implementation frameworks developed for 2011/2012.

Performance measures and targets: 2012/2013

• Progress report on the ongoing implementation of policy developed.
• Progress report on the ongoing implementation of the findings of 2010/2011 and 2011/2012.
• Analysis report of gaps of third existing legislation produced.
• Review report on implementation frameworks of 2011/2012 produced.
• Ongoing implementation frameworks developed for 2012/2013.

Sub-programme: Mainstreaming and capacity development for equalisation of opportunities for persons with disabilities

Strategy objective:

The objective is to facilitate mainstreaming of disability considerations into all spheres of government.

Performance measures and targets: 2010/2011

• Strategy for mainstreaming into each department developed.
• Implementation plan for mainstreaming developed.
• Plan for activation of a consolidated fund established.
• Report of consultations on developing rural owned cooperatives produced.

Performance measures and targets: 2011/2012

• Assessment report of mainstreaming in 2010/2011.
• Review of 2010/2011 implementation plan conducted.
• Ongoing implementation plans for 2011/2012 developed.
• Report on the number of beneficiaries, programmes instituted and cooperatives established.

Performance measures and targets: 2012/2013

• Assessment report of mainstreaming in 2011/2012.
• Review of 2011/2012 implementation plan conducted.
• Ongoing implementation plans for 2012/2013 developed.
• Case study and a consolidated report on empowerment and return on investment in beneficiaries developed.

Sub-programme: Monitoring and evaluation and research for equalisation of opportunities for persons with disabilities

Strategic objective:

The objective is to ensure compliance and reporting on national, regional and international obligations.

Performance measures and targets: 2010/2011

• Monitoring and evaluation system developed with disability responsive indicators with the production of disaggregated data available to inform planning.
• Periodic national disability audit undertaken to establish baseline data.
• Oversight report based on quarterly reports from all spheres of government developed.
• Develop strategy based on failure of government to reach 2% target in the public service produced.
• First UN report on the progress made on the implementation of the convention on the rights of persons with disabilities developed.

Performance measures and targets: 2011/2012

• Database with disaggregated information readily available to inform planning and reporting.
• Report on the progress made on the implementation of the recommendations of the national audit.
• Use of developed quarterly reports from all spheres of government to assess progress and trends.
• Report produced on implementation of the recommendations of the research findings in 2011/2012.
• Recommendations of the country reports on the UN convention developed.

Performance measures and targets: 2012/2013

• Continuous performance tracking using disaggregated data to determine gaps and challenges and inform planning.
• Review of monitoring and evaluation framework and disability specific indicators.
• Research report on emerging issues resulting from the audit.
• Ongoing use of developed quarterly reports from all spheres of government to assess progress and trends.
• Assessment report on the implementation of 2011/2012 findings.
• Progress report on recommendations of the country report on the UN convention developed.

4. Budget Allocation

The department was allocated R321 million for the financial year 2010 – 2013 including allocation to the Commission on Gender Equality. The Commission for Gender Equality was allocated R165 million for the period 2010 – 2013. The final allocation to the department is R156 million for financial year 2010 – 2013. The department is in the process of motivating for a review of the allocation because the current allocation is going to make it difficult for the department to achieve critical capabilities and to deliver on its mandate.

5. Observations

Having met with the Department to scrutinize the budget and strategic plans, the Committee made the following observations:

5.1 In terms of the Department’s mandate the Committee was concerned that matters relating to that needed to be clarified in terms of what is meant by the Department’s role as an implementing department that would also be responsible for monitoring and evaluation amidst other key functions.

5.2In terms of the location of the Ministry, the Committee noted that the role of the Department for Women, Children and Persons with Disabilities in relation to other Departments should be clarified in terms of the authority vested in this Department when monitoring the policies and programmes of other Departments in relation to women, children and persons with disabilities.

5.3 The current allocation of a mere R156 million for programmes related to women, children and persons with disabilities is of great concern as this will not enable the Department to effectively implement its mandate at the scale that was envisaged.

5.4 The Committee noted with concern the allocation to the Department which decreases over the MTEF period with particular reference to incremental increase to human resource compensation at the expense of budgetary cuts to programme implementation.

5.5 The Department’s lack of knowledge concerning the Commission for Gender Equality’s programmes, role and budgetary allocation.

5.6 The handover report of the programmes previously located in the Presidency and the audited financial statements have as yet not been provided to the Committee. As such it is difficult for the Committee to ascertain whether there were any debts inherited by the department from the former Offices. The same would apply to the financial matters pertaining to the Commission for Gender Equality (CGE).

5.7 The Committee observed that the Department allocated substantive funds to develop strategic and annual reports.

5.8 The Committee observed that though the Department will not be able to effectively implement its mandate due to financial constraints, it has chosen to fund catalytic projects which are already implemented by other departments.

5.9 The outcome indicators and related outputs for the related programmes are still too broad and require more specificity to ensure that an objective can be measured effectively in order to determine whether an impact has been made.

6. Recommendations

Having considered the budget and strategic plans, the Committee recommends as follows:

6.1 The Committee would raise concerns with National Treasury around the allocation to the Department for financial year 2010 – 2013 and on decreasing of allocation on a yearly basis.

6.2 The Department should provide the handover reports and audited financial statements of the former Offices within the Presidency to the Committee.

6.3 The awareness-raising initiatives within each of the Department’s branches should be ongoing throughout the year and not be limited to only commemorative days.

6.4 The Department should revisit the catalytic projects listed in the strategic plan and determine the feasibility of undertaking these projects.

6.5 The Department should make use of the government National Empowerment Funds rather than establishing funds for economic development of women and persons with disabilities.

6.6 The Department should relook at the allocation of funds for the development of strategic and annual reports.

6.7 The Department and the committee would hold a workshop to clarify matters related to the mandate and location.

7. Conclusion

Having deliberated on the strategic plans and budget, the Committee concluded that further discussions would be held with the Department to clarify matters related to how the Department would give effect to its mandate. In addition, it would be important to establish the feasibility of the current location of the Department and the authority vested in it.

The Committee recommends that the House passes budget vote 7.

Report to be considered.