South Africa’s Second CEDAW Report
Consultation on Penultimate DraftNOT FOR CIRCULATION.
Prepared for the Office on the Status of Women
Professor Zuby Saloojee
For the JMC May 16th 2008
Objectives and Process
Provide a realistic appraisal of legislative, judicial,
administrative measures, implementation & challenges
for 1998-2008
Literature review and consolidated inputs from
Departments, NGM and NGO’s
Report follows CEDAW Framework and Guidelines
Engage in consultations on Draft Report
Consolidate Draft for Cabinet Submission by mid May
Present to CEDAW Committee June 30 2008
TOR for Consultations
provide representative inputs into CEDAW Report
engage in a consultation meeting
determine nature of subsequent contact
ensure your mandate is addressed in CEDAW articles
cross reference to Beijing platform/other where critical
Provide input into CEDAW Report framework/recommendation
identify other stakeholders for input into the report
ensure that the report assesses the status of women &
implementation in relation to the CEDAW articles
best practice, landmark cases, case stories & challenges
promote awareness of CEDAW obligations & HR commitments
Consultations for CEDAW Report
National Departments - March 18th
CGE, VAW Conference - March 19th
DPLG, SALGA & Traditional Leaders – April 2
NGM - March 28th
CGE – April 16
Consultations on Draft Report- May 7th
JMC – May 16th
Executive Summary .………………………………………………………………3
Part I…….………………………………………….………………………………...15
Article 1: Definition of Discrimination……………………………………………..
Article 2: Obligations to Eliminate Discrimination…………………………………
Article 3: Development and Advancement of Women ……………………………
Article 4: Acceleration of Equality between Women and Men…………………..
Article 5: Sex Roles and Stereotyping………………………….……………………
Article 6: Suppressing of Trafficking and Exploitation of Women………………..
Part II…….…………………………………………………………………………….82
Article 7: Political and Public Life………………………………………………….
Article 8: International Representation and Participation……………………….
Article 9: Nationality…………………………………………………………………
Part III…….……………………………………………………………………………93
Article 10: Education…………………………………………………………………
Article 11: Employment……………………………………………………………..
Article 12: Equality in Access to Health Care……………………………………..
Article 13: Economic and Social Life………………………………………………
Article 14: Rural Women……………………………………………………………
Part IV…………………………………………………………………………………150
Article 15: Equality before the Law and Civil Matters……………………………
Article 16: Equality in Marriage and Family Life………………………………….
Part V………………………………………………………………………………….158
CEDAW Recommendations 12&19: Violence Against Women
Concluding Comments and Recommendations..……………………………..180
Article 1: Definition of Discrimination
The Constitution (1996)seeks to “…..establish a society based on
democratic values, social justice and fundamental human rights”
with commitment to achieving equality between men and women
and people of all races.
The Equality Act defines discrimination as: “any act or omission,
including a policy, law, rule, practice, condition or situation which
directly or indirectly:
(a) imposes burdens, obligations or disadvantage on;
(b) withholds benefits, opportunities or advantages from any
person on one or more of the prohibited grounds”: race, sex,
pregnancy, marital status, ethnic or social origin, sexual
orientation, age, disability, religion, conscience, belief, culture,
language and birth; etc
The Promotion of Equality and Prevention of Unfair
Discrimination Act, (the Equality Act)
Agreement that the Constitution and Equality Act
provide the protection & advancement of the rights of
women & the girl-child & case examples provided.
Recognises & protects equality between women and
men re conflicting claims eg. customary and religious
Key court decisions advanced women’s rights and
freedoms, eg. customary and inheritance laws,
violence against women, protection of motherhood,
measures aimed at accelerating women’s access to
land, basic services, resources and economic
Equality Act and Role of SAHRC and CGE
institute legal proceedings in the Equality Court in
own or public interest or on behalf of a person not
acting in their name
request State or any person to provide information on
measures taken relating to the achievement of
monitor and assess unfair discrimination on race,
gender, disability & its effect; and how best to
address the problem.
Conduct investigations, research, and participate with
other stakeholder to address equality issues
Article 1 address some of the following:
Instruments SA signatory to like BPA, SADC
Prevention & Elimination of VAW; Update on
Legislative changes since 1998; priority to sexual
offenses & domestic violence, victim empowerment &
best practices
VAW- changed definition of rape, sexual offences act,
(SOA) submissions by civil society working group re
amendments needed to the SOA and Children’s Actvibrant role of civil society in making legislation
Landmark cases that inform revisions to
discrimination Masiya case makes clear rape in all
forms is VAW & ‘male rape’; S v Baloyi DVA upheld &
abusive husband not granted immunity;
Article 2: Obligations to Eliminate Discrimination
Mainstreaming Principle of Equality & Eliminating Discrimination:
Local Govt Municipal Systems Act: mechanisms in system & to address
economic upliftment : DPLG-gender links training on gender to 46
municipalities; Women in local Govt Summit;Traditional Leaders
Governance requirements e.g. representation & succession;
Women & employment & different legislation e.g. for domestic workers,
income differentials,EEA; to address inequality -Blacks & disability;
Other laws & measures: Preferential Procurement, Skills Development,
Basic Conditions of Employment, Labour Relations, White Paper on
Affirmative Action, BBBEE, UIC, pregnancy discrimination; Minerals &
Petroleum: women owning mines; National Gender Responsive
Landmark Court case Bhe & Others, African primogeniture re estate
succession of oldest male descendant overturned as discriminatory to
the women as successors. VAW: periodic imprisonment and
maintenance payment for defrauding husband
Article 2: Discrimination-Public Authorities &
SAHRC & CGE; Public Prosecutor & Pan S African Languages
Board- Monitoring, enforcement & training role & assisting
Role of Ordinary courts, Equality Court & Alternative Forums to
enforce anti-discrimination & dispute resolution; Labour Courts,
Land Court, Electoral Court, Independent Broadcasting,
Litigation success for Ms Zandele Mapanza,KZN & CGE in the
Equality Court: assault and damage to property as a result of
her non compliance to a stipulation that women are not allowed
to wear trousers in T-section of the hostel. The CGE and Ms
Mapanza sought an order restraining unfair discriminatory
practices against women in T-section and sought to eradicate a
ban on women wearing trousers and harassment of women who
did wear trousers.
Fundamental questions on rights &
accessibility of justice for women…
Especially for large numbers women & rural- unaware of their
rights who experince violence daily
S.A to learn from where Austrian government’s failure to
exercise due diligence for the protection of 2 women citizens
against domestic violence that lead to death.Sahide Goekee v
Austria (5/2005) & Fatma Yilirim v Austria (6/2005) Austria in
violation of the right to life and physical and mental integrity,
under Article 2 a, c through f & Article 3 in conjunction with
Article 1 and General recommendation 19 on violence against
women, in both cases. This was the first case for the CEDAW
Committee on the concept of due diligence concerning
prevention, investigation, punishment & compensation or
redress by the State where Austria is held accountable for failing
to exercise due diligence to protect the 2 women from violence
resulting in death.
Article 3: Development and Advancement of Women
Commission for Gender Equality to oversee gender equality in public & private sphere
Office on the Status of Women ensures objectives met through Gender Focal Points at
Nat & Pro Gov; its facilitative structures & functions; coordination with other
stakholders/civil society has had impact in promoting awareness and action
National Gender Policy framework provides the focus for the NGM in achieving gender
equality & mainstreaming in integrated governance sstem & cluster approach to:
Promote gender perspective into all govt. policies, programmes and plans of action
Analytical lens for women’s empowerment & equality e.g. feminization of poverty
Level the playing field to eradicate poverty & gendered poverty in particular
Reduce inequality of women based: sex, race, disability, age, class, rural/urban, etc, &
Eliminate barriers for women’s full participation in society & economy as equals
PSC Report critique: lack clearly difined institutional framework; review role of GFP &
competence assessed; authority, enforcement and M&E; GFP need to be in SMS.
2006 PSC audit found Knowledge of Mainstraming lacking in departments & SMS not
able to go from policy to action; women with disabilites not adequately represented in
SMS;environment generally nt enabling for gender empowerment & mainstreaming
DPSA’s 8 Princliple Plan for DG and Executive Manager’s a response to this
Article 3: Some Examples of Gender Mainstreaming(GM) in
GM Institutionalization is happening through a range of strategies:
* SAPS has a woman’s network to advocate for gender equity
* NIA has a set of regulations for gender equity
* Department of Correctional Services did an audit & acceleratee the
appointment of staff
*The SA Defence Force has employed woman at all levels of its
structures, including at command posts.
*Dept of Transport: DTI codes of good practice has gender adjustment
factor in programs & scorecard for companies to ensure women’s
empowerment. It is finalizing the review of the existing Transport
Sector BEE Charter aimed at empowering women to secure more
BEE deals; & for rural women for job creation & poverty alleviation.
Women encouraged to form co-operatives for available economic
opportunities. SANWIT & Women in Transport conferences in 2006 &
2007 discussed interventions to deal with employment barriers in
various industries.
Some Best Practices In SA
Mainstreaming for gender equality in the public service; a
training programme for Public Servants was developed by
SAMDI for training across the Public Service; facilitated by
CIDA funding; SAMDI has management skills development &
for women managers; skills for 50/50 representation in PS by
2009.The OSW has a complementary resource manual for the
training targeted for rollout with 15,000 PS employees for 2008
NGPF places emphasis on research & gender disaggregated
statistics on all key aspects of life, including births, deaths,
health, education, poverty, and the economy. Statistics South
Africa (STATS SA) and for example, the Human Sciences
Research Council have allowed gender sensitive sex
disaggregated data. There is improvement in the availability of
gender sensitive and sex disaggregated data and qualitative
studies on health, education, employment, income, personal
crime, land and housing.
Government targets 50% representation
of women in PS by March 2009
The PS is doing better than the private sector
PSC review(2007): the percentage of women in the
public service in senior positions is not proportionate
to the overall number of women in department.
Women are manly in lower positions. This is evident
in both the Western Cape and Limpopo.
Female representivity at SMS is at 30.3%, with the
national average at 31.2%, and provincial average at
almost 30%(29.8);
The 30% target that South Africa had set for women
at senior management level by 2005 was achieved in
the Public Service. The new target is for 50%
representation by 2009.
Article 4: Acceleration of Equality between Women and
South Africa has developed a very comprehensive policy framework that
provides for the implementation of special measures to accelerate de
facto equality between women and men in various spheres of life. The key
were finalised after June 1998 and include the Employment Equity Act
No55 of 1998; White Paper on Affirmative Action in the Public Service;
Broad Based Black Economic Empowerment Act No 53 of 2003;
Promotion of Equality and Prevention of Unfair Discrimination Act of
2000; Preferential Procurement Policy Framework Act No5 of 2000 ; and
the Media Development and Diversity Agency Act No14 of 2002. This was
largely discussed in the preceeding sections
The corporte sector still lags behind in terms of employment of women
compared to the public sector; and for representation on Boards. Mines
have Fewest Women Directors according to Business Day National 26 April 2006
Article 5: Sex Roles and Stereotyping
Gender-based stereotyping and prejudice is rooted in the gender
discourses of masculinity and femininity
With prescribed behaviours, norms and attitudes, which ultimately
lead to discrimination and gender-based violence.
It is an articulation of, or an enforcement of, power hierarchies
and structural inequalities that are informed by belief systems,
cultural norms and socialization processes.
A number of recent situations show that dress code has become
the focus for gender based violations (e.g. Mpansa)
Nwbisa Nguukana was stripped, beaten, sexually assaulted and
had alcohol poured on her by taxi drivers at the Noord Street
taxi Rank for wearing a mini skirt, women’s group came out in
public marches to protest this while singing songs to say that
they will fight for their dignity.
Meanwhile taxi drivers retaliated by saying they will continue to
strip women who wore mini-skits because it offended their
culture (Mail and Guardian, March 7-13, 2008)
Customary and cultural practices are subject to
the right to equality
The above is a core principle of the National Gender Policy
Framework on Women’s Empowerment and Gender Equality
It recognises the right of persons to practice their cultural and
religious beliefs but emphasises that these practices should not
discriminate on the basis of gender
The CGE has pursued a study on widowhood and found that
women are severely discriminated against
Issues of virginity testing, FGM, witchcraft, forced marriages and
impact on women’s lives
Public educaton, awareness and enforcement to address VAW
SA has made gains in access to land (13% women owned),
transforming education; customary marriages, and inheritance
laws amongst others.
Constitutional ideals for a non-racist non sexist
society and public discourse is reflected in…
Constitutional rights vis-à-vis discriminatory cultural
practices, leading to public scrutiny of gender-based
discrimination and violence in the name of culture,
and ultimately to revision of legislation to ensure
increased protection of victims and perpetrators
Exposing and taking disciplinary action to protect
women on all levels of society and to eradicate
collaborative effort, reflecting political will to eradicate
discrimination against women. In the Ntsabo case
example used under employment and mentioned in
previous article, it shows the legal obligation of
employers to take steps against sexual harassment
Public Discourse on Women’s Rights as Human
Changes to customary law have opened up opportunities for
women and girls to chieftaincy and to inherit property (Shilubane
chieftaincy matter and Bhe case in article 16), which may have
positive effects for rural women, especially women in traditional
 An organised civil society response; notably the One in Nine
Campaign launched during the Zuma rape trial; and collaboration
by the national and provincial gender machinery, for example, in
response to the above Mpanza case and the sugarcane killings in
Civil Society, CGE and SAHRC research, submissions and cases
Article 6: Suppressing of trafficking and exploitation of
Since the presentation of the First Report and particularly is
response to the Committee’s Concluding Comments, South
Africa strengthened its measures aimed at combating
trafficking of women and children.
The UN Convention against Trans-national Organized Crime
was ratified by SA in 2004; the Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and
Children in 2000; and the Palermo Protocol to combat
trafficking in women and children.
Studies on trafficking in South Africa point to South Africa
being both a key destination as well as a country of origin and
transit point for individuals trafficked to and from Africa and
Europe as well as globally.
Modern-day slavery? The scope of
trafficking in persons in Africa
Published in African Security Review Vol 12 No 1, 2003
Trafficking of foreign women into South Africa for
commercial sexual exploitation from other areas of
Africa, Europe and Southeast Asia is not only
growing but appears to be controlled by organised
criminal gangs from Bulgaria, Russia, Thailand,
China and Nigeria (The trafficking of women into the
South African sex industry, A report by Molo Songolo,
Cape Town, South Africa, 2000, p1). Molo Songololo,
organisation (NGO), estimated that there are at least
28,000 children in commercial sexual exploitation in
South Africa’s urban centres.
South Africa’s strategic response to trafficking in
women and the girl child is 3 prong:
1.Strengthen international relations & with neighbouring states to fight against
organised and other forms of trafficking; include trafficking for sexual
exploitation; and traficking for pornography prostitution and sex tourism.
2. Involves prosecuting traffickers using existing legal provisions and
administrative mechanisms, including the asset forfeiture unit. Legislation
dealing with organised crime provides for effective handling of the syndicates.
3. Involves a law reform process aimed at creating an integrated and holistic
legal framework that facilitates the fight against trafficking.
A 2003 report by the International Organisation for Migration (IOM) on the
trafficking of women and children for sexual exploitation in South and Southern
“8 Sex Workers Held” by Kuben Chetty, in
Daily News Edition 2, March 07, 2005.
… to clear Durban's city centre of drugs and prostitution, more
than 250 police raided several suspected hotspots today.
Among those arrested in an early morning raid were 18 Thai
and Taiwanese women, who are allegedly being employed as
sex workers in the Morningside area and in Prince Alfred Street.
Some of the foreign women were virtually held hostage by the
brothel owner and, according to police, had been locked in a
house and not allowed to leave the premises. Police believe
most of the women are in the country illegally. Spokesman Supt
Vish Naidoo said while some of the women worked willingly as
sex workers, others had to do so to pay off the brothel owners.
"Apart from the fact that some of these women are alleged to
have contravened the Immigration Act 13 of 2002, detectives will
be consulting with prosecutors to possibly consider having the
owners of these agencies charged for human trafficking.
Article 7: Political and public life
South Africa is signatory to the 1997 SADC Heads of State
Declaration on Gender and Development, which has a minimum
target of at least 30% women in political and decision-making
positions by 2005. As a member of the AU, South Africa played
a significant role in the 2002 Durban decision of 50% women in
the Commission of the AU, which was later extended to all
components of the AU in 2004.
SA’s new PS target is that of 50/50 representation of women by
March 2009
All reports indicate that SA is doing well on meeting numerical
Representation of Women in Political
positions in 2007
% of women representation
Deputy President
Deputy Ministers
Members of National
Members of National
Council of Provinces
MPs in Provincial
Sources: Figures obtained from Information Services Section: Research Unit: Parliament of SA and Permanent Delegate27Contact
List, National Parliament.
Progress: manage Push-pull factors…
The database of the Municipalities of South Africa from
November 2007 indicates that from a total of 283 Municipal
Managers only 26 (8.48 %) are females and that out of a total of
7968 Councillors only 3122 (39.18 %) are females.
According to the gender audits carried out by SALGA in 2004
and 2006, the representation of women in Local Government
was 29% in 2004 and 42% in 2006.
Despite impressive increases in numbers, women councillors
continue to experience marginalization and withholding of
resources by male colleagues who do not approve of women in
leadership positions, according to a study by the CGE ( Gender
equity in Local Government, 2006)
Article 8: International Representation and Participation
Role of women in peace missions abroad & GM in missions for SA
SA has put in place a programme of action as follows:
* To ensure that each government department appoints a focal point
to support coordination of the Interdepartmental Working Group
Consult, inform and seek partnership with the national women’s
machinery and relevant civil society organisations
Negotiate and secure resources to facilitate implementation
* Elaborate a National Action Plan on the implementation of UN
Security Council Resolution 1325 (2000)
* Hold regular meetings with stakeholders to monitor and evaluate
the implementation of the action plan
*Prepare a progress report on the implementation of the Action Plan
by February 2008 for submission to the United Nations Department of
Peace Keeping Operations.
Increasing deployment of women in
In January 2005, the South African
Government approved the deployment of
South African Police Service members in
Sudan as part of the AU Civilian Police.
The members deployed consisted of both
males and females. Equity targets for this
deployment were maintained at the ratio of
60% males and 40% females.
One of the objectives of the deployment was
to provide assistance to women and children,
i.e. “internally displaced people”.
Article 9: Nationality
Extracted from Meer, S. & Sever, C. 2004. Re-framing Citizenship in
Gender and Development in Brief, No. 14. 2004.
Including the Excluded …..
‘In the late 1990s, activists and researchers in South Africa
conducted a campaign to intervene in reform of customary laws
concerning marriages where a man was able to take more than
one wife (polygamy).At one meeting a researcher noted a
section of woman sat silently watching the mass of dancing
members chanting ‘one man one woman’. She asked these
woman why they were silent. They replied that they lived in
polygamous marriages and that their livelihoods would be
threatened if polygamy was not recognised. Ultimately the
intervention made by the campaign in the reform process
framed the law in a way that would make polygaymy expensive
(eventually leading to its disappearance), while safeguarding
woman’s rights to marital property.”
Article 10: Education: Access and basic compulsory education
has greater impetus.
In 2006, the No fee schools were introduced for the
poorest communities in South Africa. Qualifying
categories are set out in the Government Gazette
19347, October 1998.
In 2007, there were 13 912 schools for 4 995 473 no
fee learners; and in 2008, it is anticipated that there
will be 14 262 schools for 5, 020 554 learners.
Automatic exemptions from school fees continue to
apply in instances where learners are orphans or
linked to the social development grant system.
Achievement of the MDG on
universal access to education
2001- the figures for the girl and boy child
between 0-17 years in the education system
was equal
2007 -95.8% of primary school-going learners
aged 7-13 years were in school
2007 - slightly higher proportion of females, at
96% compared to males at 95.6%; close to
universal primary school enrolment
1999- females under 19 years in school went up
from 21.33% in 1995, to 65.53% in 1999
South Africa’s Ten Year Review- significant
increase in literacy & continues…
In 2001- literacy went up from 83% to 89% for
the general population & for the 15-24 year
olds it increased from 83% to 96%
2007- Gender parity indices for primary,
secondary and tertiary education in South
Africa were 0.99, 0.97 & 1.16 respectively
2001, 56% of all university qualifications were
obtained by women, still under-represented in
engineering sciences and technology fields
2007- At tertiary level, there were more
females enrolled than males
SA has done well with Access,
Equity & Redress in Education
*2004-Black students account for 75% of contact and
distance education enrolments in higher education
*The increase in the number of black and women
graduates is significant
*Girls drop out at a lower rate than boys. Resons
may be women are largely sole providers and need
education; need matric and further training for better
jobs; brings higher Labola to have educated daughter
(AGDI).Girls Drop out
for pregnancy despite
legislation and programs for retention
*The Measures for the Prevention and Management
of Learner Pregnancy” provides support to educators
addressing pregnancy in school & for pregnant girl
Sex Role Stereotyping, Gender Equity and
some School Support Initiatives include:
*Curriculum looks at prevention of pregnancy & STI & lifestyle
choices in Life Orientation Learning: grade 1 to 12.
*Girls’ Education Movement (GEM)- empowers girls in science
and technology. Techno-girl provides career guidance & life skills
support for rural girls 18 to 27 in secondary & tertiary levels. Two
week science camp targeted 347 females in 2002.
*Training module for educators re VAW & sexual harassment; &
links between GBV and HIV and AIDS; & school safety - needs to
be fully rolled out.
*In 2001 the DoE & SAPS completed a workbook on Signposts for
Safe Schools & valuable resource to educators
Manifesto on Values, Education and Democracy
promotes democracy, equity, non-racism and non-sexism
*The number of public schools without water decreased from 8
823 in 1996 to 3 152 in 2006, and the number of schools without
on-site toilets decreased from 3 265 in 1996 to 1 532 in 2006.
* 585 schools are prioritised to become models of safe schools
and the Education Department officials and School Governing
Bodies are partnering to develop safe school policies
*New legislation introduced in 2007 has given schools stronger
powers to search pupils for weapons and drugs.
 2007- 156 days in year healthy meal for 6054 000 learners in 18
039 primary schools- National School Nutrition Programme
* Transport initiatives to support rural children with greater access and
more time for educational engagement
Science Engineering and Technology
(SET) & Gender Equality
The Science, Engineering and Technology for
Women (SET4W) advises the Minister re Women in
Since 2003 spent R 3 150 000 on Awards &
The department collaborated in the production of a
TV series on Women in Science; screened on SABC
2 in 2007.
Series educate young girls on careers in SET &
highlights the impact of women scientists in South
Women in Science Awards features in a newspaper
supplement to promte women in non-traditional fields.
Violence in Schools:
The National Schools Violence Study
by the Centre for Justice and Crime Prevention, April 24,2008
About 12 million children are registered for school. Information gathered from
12794 pupils, 264 principals and 521 teachers from public and private schools.
The study revealed that:
*Violence in primary schools is most common in the Eastern Cape.
*The highest recorded rates of violence were for secondary schools in Gauteng
and Limpopo;
* One in 10 pupils say it is relatively easy for them to get hold of a gun;
*Alcohol and drugs are readily available, and; More than one in 10 (14.7
percent) secondary school learners and slightly fewer (10.5 percent ) primary
school learners reported that it was easy to get alcohol and dagga at school;
*Between 83 and 90 percent of pupils are exposed to some sexual assault;
Sexual assault was prevalent in both primary and secondary schools;
*Up to 90 percent of pupils said they had experienced some sort of assault.
*31.2 percent of high school pupils said that it was easy to get a knife at school
*1821054 pupils having been exposed to crime at school
Responses from Education Officials…
Violence stalks millions of kids at schoolboy Sashni Pather, in The Times April 24, 2008; ‘Crime
is now a way of life’
“Children exposed to violence and victimisation likely to become perpetrators of
anti- social behaviour”:
“pupils still felt safe in the school environment. “This is because of the
normalisation of crime in society. The country has high levels of violence and
crime has become a way of life”;
“department was looking at initiatives to improve school security and also called
for more community involvement”;
“need to take safety at schools to a "new level", principals of violent and underperforming schools could be replaced, mentored or face incapacity hearings”;
“after a damning report by the Human Rights Commission (HRC) on violence at
schools and a review of the Safe Schools programme, an improved safety
strategy would be presented to the provincial executive committee in little less
than two months. 'Antisocial behaviour needs to be nipped in the bud‘”
Article 11: Employment: Increase in Women in South
Africa in the Labour Force between 1995-2005 (DoL)
Women suffer discrimination in the labour market- lower quality
employment and lower remuneration. African women remain the most
vulnerable in the labour force. Progress made but challenges remain.
Some of the findings are as follows:
1. The inreased participation of women in the labour force in South Africa
between 1995 and 2005- African women entering the labour force post
apartheid in larger numbers. Women are 6 in 10 of new labour force
2. Educational of women has improved: GET, Matric and tertiary education
3. The largest % increase was in the two oldest groups, 45-54 and 5565years; lowest for 15-34
4. Women over-represented in low-income, less secure employment.
Majority unskilled and low paid elementary workers, more than a
quarter of all new jobs created in the wholesale and retail trade.
5. Unemployment rates still increased for all groups of women with
significant numbers for Black women and female entrants into the
labour market
Women in the South African Labour Market, 1995-2005,
Department of Labour
6. In 2005 the rate of unemployment for African women was 53% in
contrast to the aggregate rate of 39% and the aggregate female
unemployment rate of 47%
7. In 2005, 7-10 job seekers, age 15-34 were unable to find jobs.
8. Across all levels of education, women have higher levels of
unemployment than men counterparts
9. Discrimination by gender, age and race continues
10. Women of all groups earned less than men in 2001 and in 2005
with the exception of so-called Coloureds in 2005.
11. White women earned higher than Black women with the same
level of education, with the exception of African women with
degrees in 2005, and mangers & professionals (only 2005) and
operators and assemblers.
Landmark case & Laws passed to protect women
against violence in the workplace
 *
EEA,1998, recognises harassment as unfair discrimination;*The
Employment of Educators Act &The South African Schools Act, where sexual
harassment constitutes misconduct
 * Ntsabo v Real Security case makes employers liable for the harassment of
their employees and employers will no longer be able to turn a blind eye to
sexual harassment at the workplace. They will need to take pro-active steps to
eliminate and investigate sexual harassment at the workplace. The fact that the
harasser is not authorised by the company to harass fellow employees will
henceforth be irrelevant, as the action of the employer after being notified
thereof will be the subject of the enquiry. A court will determine whether
reasonable steps have been taken to protect women who have been sexually
harassed in the workplace. The duties and obligations of employers and the
recognition of sexual harassment as a form of discrimination is
significant in this regard.
Landmark Victory for Women’s Rights
In the above case, the court recognised the reporting of incidents
of sexual harassment should occur within a reasonable time and
that what is reasonable will depend on the “trauma and
circumstances” of the individual complainant. In future women will
have recourse where sexually harassed in circumstances where
the employer fails to take reasonable steps to address such
harassment. Previously, women would often have proceeded in
terms of constructive dismissal after resigning due to the
intolerable conditions endured, alternatively, unfair labour practice
provisions would have been utilised by women. Now sexual
harassment has also been brought within the confines
44 of
The People’s Agenda…
Markinor Opinion Poll on Government
Performance 2005 compared to 2004 (2006)
Peoples Agenda: reducing unemployment and
Other issues: poverty and HIV&AIDS.
Government’s Highest Scores: welfare payments,
gender equality & basic services delivery
Doing well: on Gender Equality Initiatives
Article 12: Equality in Access to Health Care
Universal access has been a marked increase in access to health
facilities & high levels of utilization of primary health care
Gender Policy Guidelines for the Public Health Sector, 2002 were
developed to ensure that an effective framework to develop, implement
and monitor laws, policies, programmes, procedures and practices for
women’s health.
The National Health Act, 2004 No. 61 of 2003 further entrenches
principles for promotion of women’s health
SA signatory declarations and agreements on HIV/AIDS: Abuja
Declaration, UNGASS, Maseru Declaration, the UNAIDS; and
promotion of Sexual & Reproductive Health & Rights (SRHR).
Disability and impaired functioning are preventable when
caused by violence; poverty; lack of accurate information about
prevention and management of disability; failure of medical
services; unhealthy lifestyles; environmental factors such as
epidemics, natural disasters, pollution and trauma. Women and
children in SA are victims to high levels of crime and violence
Access to health care
1.Geographic access –improved through clinics building
2. Physical Access- wheelchairs and assistive devices
more available
3. Access to drugs - pharmaceutical policy - drugs more
4. Plan of Action for the Continental Policy Framework
for Sexual and Reproductive Health and Rights, 20072010. Integrating Sexually Transmitted Infections (STI),
HIV/AIDS, and SRHR programmes and services,
including reproductive cancers; Repositioning Family
Planning as an essential part of the MDG’s;
5.National Adolescent Youth Friendly Clinic Initiative
(NAFCI) with NGOs; Addressing Unsafe Abortion; SRH;
Delivery of Quality services for safe motherhood, child
survival, maternal, newborn and child health
*HIV and AIDS is one of the main challenges facing South Africa
*About 39.5 million people living with HIV worldwide in 2006, more
than 63% were from sub-Saharan Africa.
*In 2005 about 5.54 million people were estimated to be
living with HIV in South Africa, with 18.8% adult pop 15-49
years & about 12% of the general population affected.
•Women are disproportionately affected; accounting for
approximately 55% of HIV-positive people. Women in the age
group 25-29 are the worst affected with prevalence rates of up to
With an estimated 5.5 + million South Africans infected with HIV and only a
minority aware of their status, prevention remains a huge challenge.
 In 2006, domestic and international spending on HIV and AIDS by categories
and financing sources was R4 270 716 447, of which R2 976 695 000 (69.7%)
came from the South African government and the remaining from international
sources. The figures for 2007 was R4 530 175 220 of which R 3 356 707 000
(74%) came from the government of South Africa.
 Investment in information and educational programmes. The Khomanani
Campaign have shifted their prevention focus to school leavers and young
adults while the school life skills and LoveLife work with adolescents. The
Khomanani campaign has a community mobilization strategy with trained
Antiretroviral treatment for AIDS became available in government facilities in
49 120
2004 and within two years, more than 200 facilities were treating more than
2007-2009 Department of Health Priorities
•Strengthen management of Tuberculosis;
•Implement the Nat Strat Plan for HIV & AIDS 2007-2011;
•Expansion of the implementation of the Comprehensive Plan for
HIV & AIDS Care, Treatment and Management (CCMT);
•Strengthen TB and HIV collaborative efforts;
•Strengthen the implementation of key strategies for effective
malaria control in South Africa;
•Strengthen inter-country & cross-border malaria control efforts
•Improve the management of childhood illnesses;
•Achieve measles elimination;
•Ensure polio outbreak and importation preparedness;
Health priorities to 2009
10. Improve maternal, child, & women’s health & nutrition
11. Improve micronutrient control
12 Facilitate preparedness to prevent & respond to
diseases and outbreaks for FIFA World Cup in 2010
13.Contribute to poverty alleviation through EPWP by
appointing unemployed matriculants as Data Capturers
14. Contribute to poverty alleviation: expand & strengthen
the delivery of PHC through the Partnerships for the delivery
of Primary Health Care Project (PDPHCP)- EU funded
15.Contribute to poverty alleviation: expand & strengthen role
O of NGOs & CBOs in curbing the impact of HIV and AIDS.
Women’s Health
*SA is Integrating HIV/AIDS responses & related infections & SRH
* National immunisation coverage went up from 82% in 2004/05, to 84% in
2006/07- protection of SA children for vaccine preventable diseases
*Reproductive health and peer education- focus on access; family planning
access to contraceptives; & choice on termination of pregnancy.
** South Africa ranks 61 of 68 high priority countries in Countdown to
2015: Maternal, Newborn & Child Survival Report. 2008. The 68
countries combined accounted for 97% of all maternal, newborn and
infant deaths worldwide. Maternal Mortality Ratio (per 100 000) live
births 400 (2005) is classified as high with 1:110 lifetime chance of a
woman dying during pregnancy or childbirth.
*As a result of the promulgation of the Choice of Termination of Pregnancy
Act (No 92 of 1996), abortion-related deaths dropped by 91 percent
between 1994 and 2001. The CTP Amendment Act (No 38 of 2004)
increases access to safe termination of pregnancy & SRH rights
* 216 718 safe terminations in the first four years of the Act being passed.
Maternal, Child and Women’s Health
*Many of the successes in reducing child and maternal mortality
were eroded by the impact of the HIV and AIDS epidemic
*Health Plan 2007/08 requires that: at least 50% of health districts
implement the Reach Every District (RED) strategy; that 70% of
Annual Nationalhave
Health Plan (ANHP)
than 90% immunisation coverage, that the 10
recommendations of the Confidential Enquiry into Maternal
Deaths are implemented;
*National and Provincial also expected to achieve the following:
improve the management of childhood illnesses through IMCI;
achieve measles elimination; ensure Polio outbreak and
importation preparedness and improve micronutrient malnutrition
Article 13: Economic and Social Like
The measures to address extreme poverty and hunger include:
Cash transfers in the form of social assistance grants whose expenditure
increased 3.7 fold between 1994 and 2004 - from R10 billion to R55 billion in
2005, and the number of beneficiaries grew from 2.6 million in 1994 to 10.5
million in 2005 (this allocation exceeds 3% of GDP);
Extension of the Child support grant to children under the age of 14, the total
number of children accessing the grants since 1997 is over 7 million (this
exceeds the target government set in 2004) of registering 2.4 million children);
The social wage (monetary value of accessed basic services) which amounted
to about R88 billion in 2003[1].
The establishment of the Agricultural Starter Pack Programme and The
Comprehensive Agricultural Support Programme are some programs that
assist rural women.
Access to funding support for SMME’s and housing fund; access
to land and sustainable development projects
Poverty eradication & social grants
*Government sees need for eradication of poverty & policies aimed at poverty alleviation. In this
regard government has instituted a number of social programs and social income programs
*Social security system is success in alleviating poverty. Social insurance is used to protect those
in formal employment while social assistance aims to protect those left unprotected by social
*The Expanded Public Works Programme-in first nine months- R2.4 billion was spent on 1 890
projects to create 144 056 gross job opportunities.
*The EPWP is on course to reach its target of 1 million job opportunities in five years.
*By September 2005, 223 400 work opportunities have been created from 3400 EPWP projects.
*EPWP in first yearr paid R823m in total.
*Of those who benefited from the programme in the first year, 38% were women, 41% were youth
and 0.5% were disabled.
*The establishment of the Agricultural Starter Pack Programme and The Comprehensive
Agricultural Support Programme assist with sustainable development.
Women and Children in Poverty
*In recognition of gendered and racial dimension of poverty, the government
has measures to deal with inequities. The social grants include: an old-age
grant, disability grant, war veterans’ grant, grant-in-aid, foster child grant, child
support grant, care dependency grant and social relief of distress that mostly
benefit women.
Children of the Valley…Woza Moya, is an HIV&AIDs Community Care and Support Programme that
was filmed by SABC 3’s Special Assignment whilst working in the Ufafa Valley, near Ixopo KZN
… ‘It is estimated that 12 million children in South Africa are living in deep poverty and
child support grants have become a meal ticket but access to child support grants can
be a problem because many caregivers do not have bar-coded ID documents. The
community workers pointed to a grand-mother with eleven orphans who was trying to
secure a new ID book, without which she could not access any form of social assistance
form the government. This is part of the daily routine of the Woza Moya TEAM as they
struggle to help families apply for IDs or grants. Rural dwellers often have to travel lon
distances to reach Department of Home Affairs Offices and they often do not have
money to pay for taxis or for the documentation or photos that may be required. The
56 to
web-site reports impending legal action by child rights activists to get government
Women are the backbone of the second economy- a
multi-faceted approach to address disparities in SA:
1)Micro financing arrangements where the major financial institutions
are provided with incentives to provide loans to women entrepreneurs;
2) A legislative environment for service industry partnerships
between economic actors in the first & 2nd economies;
3) Skills development and training directed at potential women
entrepreneurs in both the urban and rural areas;
4) Providing mentorship and learnership opportunities for women
seeking to become entrepreneurs;
5) Encouraging young female learners to take business courses in
high school and in tertiary education.
6) A communications campaign to profile successful women
entrepreneurs in both the first and the second economies.
7) Access to the wealth of data that government has regarding future
growth points in the South African economy;
8) Gearing women entrepreneurs for success & providing a safety
net in the event they more time to succeed;
9) Encouraging the private sector to direct and target their spending
Article 14: Rural women
Key national legislation that has an impact on
rural women include:
The Land Reform Act of 1996
The Housing Act 107 of 1997
The Restitution of Land Rights Act No. 22 of
1994 as amended
The Water Services Act
The Land Bank Amendment Act 21 of 1998
Development Programme
Land restitution & Grants:
From 1994 to December 2007
across provinces:13.29% of women own land in SA
*The Grants and Services Policy of the Department of Land Affairs outlines how
women can benefit from access to land and grants: “eligible applicants-landless
people or people who have limited access to land especially women who wish
to gain access to land and settlement opportunities in rural areas”.
*Settlement and development grants assist with restoring land, sustainable
planning and security of the land.
*94,166 female headed households were awarded land restitution and
[1] Department of land Affairs CEDAW Report Input, April 2008
*In a recent land handover celebration in KZN (Ndumu & Tembe) communities,
there were 142 female headed households that were beneficiaries out of the
total of 562 that received settlement
*challenges remain for women in rural areas: Attitudes and stereotypes re
acces to resources; women are not allowed to discuss or make decisions
during meetings; or congregate with men in the same meeting, e.g. during the
options workshop where the community has to decide on suitable form of
ISRD & Free Basic Services
The Integrated Sustainable Rural Development Strategy was developed
(ISRDP) in 2000. The DPLG is the national coordinator, through the Integrated
Rural Development Programme.
The programme addresses rural poverty and underdevelopment, bringing in the
resources of all three spheres of government in a coordinated manner. Target
women, youth, and the disabled.
The programme currently focuses on 21 nodal areas- acute poverty. The nodal
areas are in the Eastern Cape, Mpumalanga, Kwazulu-Natal, Free State,
Limpopo and the Northern Cape.
The Free Basic Services Programme contributes towards poverty relief
The indigent policy requires each municipality to develop and adopt an indigent
policy with criteria to determine who will qualify as an indigent and to ensure
that indigents who are unable to afford basic services have access to the
package of services included in the FBS Programme (water, sanitation,
Article 15: Equality before the Law and Civil Matters
2004, in the landmark decision S v Ferreira, the Supreme
Court of Appeal began acknowledging the grim complexities of
battered women's choices and grappled with how this context
needed to be incorporated into legal decision-making.
Recognising how misunderstood domestic violence is, the
judges acknowledged the need for a court to "place itself as far
as it can in the position of the woman concerned, with a fully
detailed account of the abusive relationship and the assistance
of expert evidence."
When this particular bench did indeed place itself in Ms
Ferreira's shoes, they overturned her life sentence and
substituted it with a six year suspended sentence. Courts in
Gauteng have certainly taken note of this decision, using it as a
basis to hand down just and appropriate sentences to
Annemarie Engelbrecht and Zelanga Mandulo
Staying in an abusive relationship is not a crime, by Lisa Vetten, Centre for the Study of Violence and
Women’s Rights & Equality
Black women now have full legal capacity when
married under customary law and thus equalising
their legal status and contractual capacity with that of
men and other women
Inheritance and intestate succession discussed
Government measures aimed at equalising women
and men’s rights in respect of access to ownership
and control of land and resources such as housing
have contributed to women’s de facto enjoyment
equality of freedom of movement and domicile.
Challenges remain with patriarchal and traditional
practices that have to be mitigated through
multisector appraoches; rights ed and enforcement62
Article 16: Equality in Marriage and Family Law
South Africa retains the combination of marital regimes which
include civil, customary and religious laws.
The Recognition of Customary Marriages Act of 1998(RCMA)
brought about equality between women and men married under
customary law.
The courts have interpreted the Constitutional guarantee to
include the right to choose a marital regime in recognition of
cultural diversity and the right for same sex partners to be
recognises polygamy and as such men may have more than
one wife. The only protection for women is a provision for a
contract between the existing wife or wives if she or they accept
the new arrangement and which divides the matrimonial estate
and effects a compulsory change of the proprietary regime to
“out of community” for all the marriages.
High levels of gender-based violence deny South Africans the
realisation and enjoyment of full citizenship rights as set out in
the Constitution.
The 365 Day National Action Plan appended with this report
provides comprehensive data and an approach to addressing this
issue; and responds to the multi-faceted and multi-sectoral
approach required by the CEDAW convention.
The document states that, “In 2004, the government set targets of
reducing contact crime such as murder and rape by 7-10 percent
per year until 2009, with a major focus on social crime prevention,
integrated law enforcement operations, and reduction of repeat
offending. According to the South African police Statistics released
in September 2006, murder is down by 2%, that is 18,793 to
18,545 and rape by a mere 0.3%, which is a fractional decrease
from 55, 114 to 54,926”
VAW a serious problem
South Africa also has amongst the world’s highest levels of sexual
and domestic violence. Research conducted by the Medical
Research Council in 2004 shows that “a woman is killed by her
intimate partner in South Africa every six hours. A recent study of
over 1,500 women in South Africa also indicates that “women with
violent or controlling male partners are at increased risk of HIV
infection”. South Africa has the largest number of people living
with HIV, with an estimated 5.5 to 6.5 million people living with the
disease. An estimated 500 000 South Africans are infected each
year. The HIV/AIDS epidemic disproportionately affects women’s
lives both in terms of rates of infection and the burden of care and
support they carry for those with AIDS related illnesses
Integrated VAW Response
*A 2006 Medical Research Council survey of 1370 male
volunteers recruited from 70 rural South African villages indicated
that “16.3% had raped a non-partner, or participated in a form of
gang rape; 8.4% had been sexually violent towards an intimate
partner; and 79.1% had done neither”
*The Justice and Crime Prevention Strategy an excellent multi
prong approach in SA with best practices like Thuthuzela one stop
centres & victim empowerment program.
A situational analysis on sexual assault service for victims;
highlights poor quality medical care; need for standardized clinical
management, training, & multi-sector coordination for
Legal & Multi-sectoral actions
to eradicate VAW
*Exposing and taking disciplinary action to protect women on all
levels of society and to eradicate discrimination systemically has
become a collaborative effort, reflecting political will to eradicate
discrimination against women (viz. disciplinary action against
sexual harassment charges as demonstrated by cases), legal
obligation of employers to take steps against sexual harassment
(Ntsabo case) as well as an organised civil society response,
and collaboration by the national and provincial gender
machinery (for example in response to the Mpanza case and the
sugarcane killings).
*Strides have been made in improved awareness raising and
understanding of the exploitation of women through trafficking
and sex work, and the need for improved protection, for example
through the work of civil society organisations (such as Molo
Shongololo and SWEAT).
VAW a Human Rights Violation
The SA Government and the courts treat violence
against women as a human rights violation and a
violation of CEDAW and all other international human
rights agreements that South Africa has ratified. A
variety of case examples have been discussed
throughout this report to highlight the South African
reality and specifically the following are selected to
show the types of Violence Against Women and to
identify both the use of and the implications for the
equality sections of the Constitution, in meeting the
women’s rights based agenda
Some examples of mechanisms that are in place to
address VAW are as follows:
•Legislative framework and administrative measures and
programmes have come a long way
•The Justice and Crime Prevention Strategy
•Governments cluster approach for greater coordination across
departments and with relevant stakeholders (civil society)
•The National 365 Day Campaign to End Gender Violence
•Sonke Gender Justice Advocacy& Men as Partners
•APRM POA Multi-Sectoral Approach
Best Practices in CEDAW report re
Advancement of Women…
Constitution, Equality Act & Employment Equity Act
Commitment gender parity in the SMS in PS;
High representation in Cabinet (Minister and D.M);
Increased labour participation from 1994(Black older women)
Landmark rulings by the Constitutional Court
Gender parity in education;
Commitment to meeting the MDG targets (#3 etc)
Violence against women is a human rights violation.
The 365 Day National Plan to End Gender Violence
Men as partners in the fight against VAW
Best Practices from the report…
Empowerment Program; Thutuzela Care Centres- 24 hour
with police, counselling, doctors, court preparation and
Partnerships with media for VAW, HIV and AIDS; to affect prosocial norms
Strong NGM at high levelse.g. OSW in the Presidency; Impact
of work of CGE, etc
The Local Government Gender Policy Framework & DPSA 8
Principle Action Plan in Public Service
A strong civil society network active in research, advocacy &
NGPF and Gender focal points
Recognition of Customary Marriages Act & rights for women
Best Practices from CEDAW Report…
*Public Works: integrated poverty reduction & job
Programme)-create 1million jobs 40% women, 30%
youth and 2% disabled for 2004 to 2009.
*Basic Conditions of Employment Act (BCEA):
pregnancy & parental rights & for Domestic & Parttime workers.
*Social Grants and benefits for elderly persons, people
with disabilities and care givers.
*Women and Land Reform Act of 1996; Housing Act
107 of 1997; Water Services Act; the Land bank
Amendment Act No21 of 1998 and the Integrated
Sustainable Development Programme.
*Impact of the Free Basic Services socio-economic
Challenges from CEDAW Report
Reduce violence and crimes against women & children
Increase the work for women: Black women & 15-34 age
Decrease unemployment & underemployments rates
Increase higer levels of work in PS/other job categories
Address wage disparities & equal pay for men & women
Eradicate poverty & racialized and gendered poverty;
Promote access to funding and women SMMEs
Increased hiring of women with disabilities;
Promote NGM institutional framework- PSC Report, 2007
Promote enabling culture & environment for women in the PS
Increase politicians & leaders fight to end VAW and speak out
Increase faith-based/traditional leaders role & action on VAW
Challenge from CEDAW report…
Improve GM compliance & M&E in Private and PS
Address high HIV and AIDS among young women;
Gender parity in the private sector:SMS & Boards;
Education: stereotyping, prejudice& discrimination
Sustainable resources for multi-sectoral campaigns
More know your rights etc campaigns in rural areas
Address violence in schools & criminal educators.
Access, services, training: victims of sexual assault
Grants: rural poor, elderly and disabled women
Consultations & representation in all SA initiatives
Cross cutting Issues in Report
Improve socio-economic conditions of women:
poverty, unemployment & numbers in second and
informal economy;
Decrease violence against women & address
attitudes & practices that perpetuate this evil
Vigilance and action to address human rights
multi-sectoral alliances, campaigns,
clear targets, impact assessment and allocated
sustainable resources.
Removing barriers in the public and private in
fighting prejudice, bias, and discriminatory
We want to thank you for your time and
engagement with the CEDAW Report
The consultations and distribution of the
report further advance the CEDAW Provisions
We dedicate ourselves to women’s rights as
human rights and in advancing this agenda
We are excited about SA meeting its legal
obligation for 2001 and 2005 by submitting
this consolidated report covering 1998-2008

Paris Declaration.