Parliamentary Secretary to GOSA -Session.

Items of historical interest.

Moderator: GenMod

Parliamentary Secretary to GOSA -Session.

Postby Martin_tu » Tue, 2006-06-20 14:58

No 64—2006] THIRD SESSION, THIRD PARLIAMENT, PARLIAMENT
OF THE REPUBLIC OF SOUTH AFRICA
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ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

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TUESDAY, 6 JUNE 2006
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TABLE OF CONTENTS

ANNOUNCEMENTS National Assembly and National Council of Provinces
1. 1. Classification of Bills by JTM ...................................... 1179

2. 2. Introduction of Bills ................................................. 1180



National Assembly
1. Referral to Committees of papers tabled .......................... 1180


TABLINGS National Assembly and National Council of Provinces
1. 1. Minister of Education................................................ 1181

2. 2. Minister of Environmental Affairs and Tourism .................. 1182



COMMITTEE REPORTS National Assembly and National Council of Provinces
1. 1. JMC on Improvement of Quality of Life and Status of Women. 1183
2. 2. JMC on Improvement of Quality of Life and Status of Women 1187



ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Classification of Bills by Joint Tagging Mechanism (JTM)
(1) The JTM on 6 June 2006 in terms of Joint Rule 160(3) classified the following Bills as section 75 Bills:
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS NO 64—2006
(a) South African Institute for Drug-Free Sport Amendment Bill [B 7—2006] (National Assembly—sec 75)
(b) Sectional Titles Amendment Bill [B 8—2006] (National Assem-bly—sec 75).

2. Introduction of Bills
(1) The Minister of Safety and Security
(a) Firearms Control Amendment Bill [B 12—2006] (National Assembly—sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 28843 of 19 May 2006.]
Introduction and referral to the Portfolio Committee on Safety and Security of the National Assembly, as well as referral to the JTM for classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification of the Bill may be submitted to the JTM within three parliamentary working days.

(2) The Minister of Sport and Recreation
(a) 2010 FIFA World Cup South Africa Special Measures Bill [B 13—2006] (National Assembly—sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 28593 of 10 March 2006.]
Introduction and referral to the Portfolio Committee on Sport and Recreation of the National Assembly, as well as referral to the JTM for classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification of the Bill may be submitted to the JTM within three parliamentary working days.



National Assembly
1. Referral to Committees of papers tabled
.1. The following paper is referred to the Portfolio Committee on Provincial and Local Government for consideration and report. The Report of the Auditor-General on the Financial Statements is referred to the Standing Committee on Public Accounts for consideration:
.(a) Report and Financial Statements of the South African Local Government Association (SALGA) for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005 [RP 21-2006].
.2. The following paper is referred to the Portfolio Committee on Provincial and Local Government and the Standing Committee on Public Accounts for consideration:
.(a) Letter from the Minister for Provincial and Local Government dated 11 May 2006 to the Speaker of the National Assembly, in terms of section 65(2)(a) of the Public Finance Management Act, 1999 (Act No 1 of 1999), explaining the delay in the tabling of the Annual Report of the South African Local Government Association (SALGA) for 2004-2005.
.3. The following papers are referred to the Portfolio Committee on Justice and Constitutional Development:
.(a) Letter from the Minister for Justice and Constitutional Development to the Speaker of the National Assembly, dated 9 May 2006, informing her of the resignation of Magistrate, R Ameer an Additional Magistrate at Pinetown.
.(b) Letter from the Minister for Justice and Constitutional Development to the Speaker of the National Assembly, dated 25 April 2006, informing her of the upliftment of the provisional suspension of MagistrateMSE Khumalo from Amsterdam.
.4. The following paper is referred to the Portfolio Committee on Arts and Culture for consideration:
.(a) Strategic Plan of the Department of Arts and Culture for 1 April 2006 to 31 March 2009.
.5. The following paper is referred to the Portfolio Committee on Safety and Security for consideration:
.(a) Strategic Plan of the South African Police Service (SAPS) for 2006 to 2007 [RP 42-2006].
.6. The following paper is referred to the Portfolio Committee on Transport for consideration:
.(a) Strategic Plan of the Department of Transport for 2006 to 2009.
.7. The following papers are referred to the Portfolio Committee on Public Service and Administration for consideration:
.(a) Medium Term Strategic Plan of the Department of Public Service and Administration for 2006 to 2011.
.(b) Medium Term Strategic Plan of the Public Service Commission for 2006/07 to 2008/08.
2. 8. The following paper is referred to the Portfolio Committee on Home Affairs for consideration:

(a) Strategic Plan of the Department of Home Affairs for 2006/07 to 2008/09.
TABLINGS
National Assembly and National Council of Provinces
.1. The Minister of Education
.(a) Government Notice No 540 published in Government Gazette No 28719 dated 10 April 2006: Call for written submissions from stakeholder bodies and members of the public on the draft policy document: An addendum to the policy document, the National Certificate: A qualification at Level 4 on the National Qualifications Framework (NQF), regarding learners with special needs, in terms of the National Education Policy Act, 1996 (Act No 27 of 1996).
.(b) Government Notice No 603 published in Government Gazette No 28806 dated 8 May 2006: Call for comment on the Further Education and Training Colleges Bill, 2006.
.(c) Government Notice No 265 published in Government Gazette No 28657 dated 24 March 2006: Calling for the nomination of persons to serve as members on the Second Umalusi Council for General and Further Education and Training Quality Assurance for the period 8 June 2006 until 7 June 2010, in terms of the Act, 2001 (Act No 58 of 2001).
.(d) Government Notice No 593 published in Government Gazette No 28790 dated 3 May 2006: National policy regarding further education and training programmes: Approval of Modern Greek as an additional subject to be listed in the National Curriculum Statement: Grades 10-12 (General), in terms of the National Policy Act, 1996 (Act No 27 of 1996) and the South African Schools Act, 1996 (Act No 84 of 1996).
.2. The Minister of Environmental Affairs and Tourism
.(a) Government Notice No 385 published in Government Gazette No 28753 dated 21 April 2006: Regulations in terms of Chapter 5, made in terms of the National Environmental Management Act, 1998 (Act No 107 of 1998).
.(b) Government Notice No 597 published in Government Gazette No 28803 dated 5 May 2006: Draft Regulations relating to listed threatened or protected species, made in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004).
.(c) Government Notice No 598 published in Government Gazette No 28803 dated 5 May 2006: Draft national norms and standards for the regulation of the hunting industry in South Africa, made in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004).

COMMITTEE REPORTS National Assembly and National Council of Provinces
1. Joint Monitoring Committee on Improvement of Quality of Life and Status of Women on Appropriation Bill [B 2-2006], dated 2 June 2006:
Introduction
The Joint Monitoring Committee on the Improvement of the Quality of Life and Status of Women, having considered the Appropriation Bill and the associated budget votes, reports that it has concluded its deliberations.
The Joint Monitoring Committee has over the years consistently focused its attention on the three issues of poverty, gender-based violence, and HIV/AIDS. The Committee has done so because these are all issues that affect large numbers of South African women, and – in particular – tend to affect those who are most disadvantaged.
We can all be proud of what South Africa has achieved in respect of gender equality at the top end of the political and economic arenas in our country. In both the public and private spheres, South Africa does much better than average in having women in powerful positions. Indeed, we have reached the point where it is no longer something to remark on that a chief executive officer or a Minister or a director-general is a woman. At the bottom end of these arenas, however, there is still much room for improvement. The Committee’s comments therefore focus on what the 2006/07 Budget of national Government says in the areas of poverty, gender-based violence and HIV/AIDS. Each of these issues is a major topic in itself, and our comments can therefore not cover all aspects. However, we highlight some of the aspects about which we have concerns.
Before going on to the three topics, we must commend the Treasury and the individual departments on the amount of information that is provided in our Budget books. We are fortunate compared to many other countries in having a programme-by-programme narrative alongside the Budget figures. We are fortunate in having Budget estimates for seven years, allowing us to see patterns over time. We are also fortunate in having information on objectives and targets and indicators. Perhaps unfortunately for Government, this information makes us hungry for more! It is the Committee’s opinion that the potential of this Budget format is currently not being fully utilised. In particular, we would like to see better use made of the targets and indicators as these are a concrete tool that Parliament and civil society can use to monitor Government’s achievements.
Poverty
The Expanded Public Works Programme (EPWP) is a flagship programme for South Africa in terms of directly addressing poverty. The EPWP was introduced in 2003, as an expansion of activities previously funded through poverty alleviation funding. One of the changes announced in 2003 was that the scope of the activities covered by Public Works would be expanded. In particular, EPWP would now also include the social sector activities of home- and community-based care (HCBC) and early childhood development (ECD), alongside physical infrastructure activities on which Public Works traditionally focus.
Having public works in home- and community-based care (HCBC) and early childhood development (ECD) is an extremely innovative idea. Perhaps South Africa is the first country to attempt to do this. It is an idea that is welcome from a gender perspective.
Firstly, it is innovative to recognise that caring services can also produce a type of infrastructure – an infrastructure that is called healthier people. Secondly, HCBC and ECD are areas of work in which women traditionally predominate, unlike the building of physical infrastructure which is the traditional focus of Public Works. In the latter area, South Africa instituted a quota to ensure that women – who predominate among the poor
– could benefit in proportion to their relative need. This quota has not, however, always been observed. Thirdly, HCBC and ECD are types of work that are often done for no pay, and their inclusion in the Expanded Public Works Programme (EPWP) affords some recognition that these activities constitute real, productive work.
We nevertheless have several concerns about the social sector EPWP programme. Firstly, we understand that the programme will focus on learnerships rather than on payment to people who are doing this work in an ongoing way. If this is the case, the programme will not be especially useful to the many poor women who already have the necessary skills for this work, but are providing the services for free both in their own homes and to others in the community. A focus on learnerships also does not acknowledge that there is a huge ongoing need for both types of services – and a need that is growing in respect of home- and community-based care (HCBC). We cannot expect women to continue to provide these services for free simply because they are given a few months training during which time they receive a limited stipend.
Secondly – and even more importantly – it seems that implementation of the social sector EPWP has not yet happened. As noted, the EPWP was introduced in early 2003. It is now early 2006, three years later. Yet it seems that the home- and community-based care (HCBC) and early childhood development (ECD) are still only at the planning stage.
In his budget vote speech on 17 May the honourable Minister of Social Development stated that R4,2 billion had been set aside for the social sector EPWP programme. He added that, with the support of the Business Trust, the sector had ‘identified the critical path for implementation’ and ‘begun to address the capacity and project management deficits’ which had been identified. The Committee is very concerned that three years after the social sector EPWP was announced, this important activity is still only at the planning stage. The Estimates of National Expenditure state that the Department of Social Development plans to train 5 800 caregivers during this budget year. This is too little too late.
Another poverty-related issue revolves around divorce and maintenance. When marriages split up, women are often left in a precarious position economically. This is so because men tend to earn more than women, because men are more likely to be employed than women, and because women’s household responsibilities limit the time and energy they can devote to income earning. In addition, the dwelling in which families live is generally registered in the man’s name despite the fact that after divorce the children generally stay with the woman. This places even greater burdens on the woman’s time and greatly limits on her ability to earn income. The many women in South Africa who bear children outside marriage face the same impossible burden as those who are divorced and separated.
Yet research commissioned two years ago by the Commission on Gender Equality (CGE) found that the average amount of maintenance per child awarded to women who were persistent and lucky enough to get such an award was only R200 per month. Meanwhile the men concerned were earning an average of nearly R3 000 per month. The Department of Justice and Constitutional Development’s Annual Report for 2004/05 acknowledges that even the specialist Family Courts are not able to deliver a satisfactory service in respect of maintenance. The situation in ordinary courts will be even worse.
Given these difficulties, the Committee is pleased to see in the Department’s Annual Report for 2004/05 that Child Maintenance is regarded as one of the Department’s flagship projects. The Committee is pleased to see in the pages of this year’s Estimates of National Expenditure relating to the Department of Justice that the Legal Aid Board has named women involved in divorces, maintenance and domestic violence as a priority group. We hope in future reports to see the actual numbers of women in this situation who have been assisted by the Board. This would be a useful way to utilise the potential of the targets and indicators of our performance budgeting format. Also promising is the restructuring of the Office of the Master of the High Court so that the rulings in the Moseneke and Bhe judgements on Black deceased estates can be properly implemented. The Moseneke issue is also one of the Department’s flagship projects, and we therefore hope to see good progress on this, and that this progress will be reflected in the budget documents and annual reports.
The Committee is, however, concerned that this year’s Budget does not seem to say anything about maintenance investigators and prosecutors. Last year’s Budget reported that the appointment of 82 investigators and 100 clerks for maintenance and domestic violence courts had helped improve the system. Despite these improvements, the Committee is well aware that women who approach the courts are still facing major obstacles. The Department of Justice’s Annual Report for 2004/05 says that 140 investigators would be in place by the end of 2004/05, and that they would be employed as permanent civil servants rather than – as in the past – as contract staff. The Annual Report also says that the Department has ‘prioritised funds’ for the appointment of maintenance investigators at the ordinary and Family Courts. The Committee is concerned that the 2006/07 Budget book does not say anything about maintenance investigators. Without this information it is difficult to monitor if commitments are being carried through.
Violence against women
The Department of Justice and Constitutional Development has a major role to play in respect of gender-based violence. Unfortunately, the Department’s Vote in the Estimates of National Expenditure says almost nothing on this topic.
The one area related to gender-based violence in which there is an exact number relates to the sexual offences courts. This year’s Estimates of National Expenditure state that 70 such courts had been established by August 2005, and another 30 would have been established by March 2006. This is welcomed. However, we need more information. Last year’s Budget book said that 52 sexual offences courts had been established, but only 52 of these met minimum requirements. Do all 70 courts established by August 2005 meet the minimum requirements? And will the 30 established by March 2006 also meet them?
We would also like more information about the sexual offences courts. In particular, we need to know how many cases they are dealing with in respect of children, and how many cases in respect of adult women. The Committee notes that the Department has set itself a target of a 70% conviction rate in sexual offences courts. This is lower than the target set for all other courts. The Annual Report for 2004/05 states that the conviction rate for the sexual offences courts was 63%. The conviction rate for sexual offences in other courts was only 47%. This means that more than half of cases of the women and children who are not fortunate enough to land up in a specialised court do not result in conviction. These rates are very worrying as we know that there are many more women and children who do not report the violence that they experience in the first place. Low conviction rates increase the chances that they will not consider it worth the trouble to report in the first place.
The significant difference in conviction rates for the sexual offences courts is particularly worrying given recent announcements that the specialist courts are to be abandoned. The Committee is concerned that when available indicators provide strong evidence of the effectiveness of a particular strategy, Government is planning to abandon that strategy. We urge that this decision be reconsidered.
HIV/AIDS
Our third special area of interest is HIV/AIDS. This issue is particularly burdensome for women for a number of reasons. Firstly, because of both biological and sociological reasons, women are more vulnerable than men to infection, and are likely to be infected at a young age. Secondly, women and girls tend to predominate among those who care for others in the household and community who are ill. Women are thus both more infected and more affected by HIV/AIDS than men.
In terms of HIV/AIDS, the Committee must again refer to the issue of HCBC. Until now, there has been a national conditional grant that has provided money to provinces in respect of home- and community-based care (HCBC). That grant has now come to an end, and provinces are expected to provide for these services in their own budgets. The Committee is not confident that this will happen across all provinces. We have twice in the past had a bad experience in terms of conditional grants in respect of early childhood development (ECD) which, when they came to an end, were not adequately replaced by funding from the provinces. The Committee fears that this will again happen in respect of HCBC. The Committee would therefore like information on what the national Government is planning to do to ensure that the carers and those for whom they provide care will not suffer. Our concern is especially acute given the lack of progress in implementing the EPWP in the social sector mentioned above.
There are many other issues that the Committee could raise in respect of the three issues of poverty, gender-based violence and HIV/AIDS. The Committee offers these examples in the hope that they will assist Government departments in understanding what is required by Parliament. If these and similar improvements can be effected, it will also assist Parliament in better fulfilling its mandate of oversight.
2. REPORT OF THE JOINT MONITORING COMMITTEE ON IMPROVEMENT OF QUALITY OF LIFE AND STATUS

Tuesday, 6 June 2006]
1187

OF WOMEN
January – April 2006
1. NAME OF COMMITTEE:
Joint Monitoring Committee on Improvement of Quality of Life and Status of Women.
Chairperson: Mrs M R MorutoaDeputy Chairperson: Mrs E S Mabe
2. MANDATE OF THE COMMITTEE:
2.1 Mission: To monitor and evaluate progress with regard to the improvement in the quality of life and
status of women in South Africa, with specific reference to the Government’s commitments -

(i) to the Beijing Platform for Action; and (ii) with regard to the implementation of the Convention on the Elimination of Discriminationagainst Women; and (iii) to any other applicable international instruments
e.g. SADC Declaration on Gender and Development
2.2 Vision: Achieving improved quality of life and status of women and gender equality across the social and racial spectrum in South Africa
2.3 Objectives:
-Monitor and ensure that gender sensitive policies and programmes are implemented in all Ministries and departments-Monitor all legislation including the Budget for compliance with the Beijing Platform for Action and Cedaw
-Monitor all Ministries and departments in the Republic of South Africa to ensure they have mainstreamed gender in all their programmes and budgets
2.4
List of Entities reporting to the Committee
The Office on the Status of Women in the President’s Office
3. CHAIRPERSON’S OVERVIEW: -
3.1 Parliament’s oversight activities.
The Committee is pleased about Parliament’s intensified focus on Budgetary oversight, and about the Equality Review Campaign that was initiated by the Presiding officers of both Houses. The focus of the Equality Review Campaign will be to: •Review progress or lack of it in the implementation of all equality legislation
•Inform and educate the public about equality legislation;
•Devise a mechanism of accelerating the implementation of equality legislation where it is lacking During monitoring visits and hearings at Parliament, it became clear that ordinary people as well as government officials need much more education about their rights and responsibilities in terms of post-1994 legislation. The committee has also noted complacency within some government departments, both national and provincial, and therefore supports renewed education projects about the Constitution and equality legislation aimed at government officials and civil society.
The renewed collective monitoring focus of Parliament will do much to lighten the burden of the Parliamentary monitoring committees and to instil awareness of personal responsibility, as well as a culture of accountability, among Government, government officials and the citizens of South Africa.
3.2 Memorandum received about protecting women’s rights in relation to gender-based violence (Attachment iii at the end ofthis report)
On 10 April 2006 the following organizations handed a memorandum to the Committee titled: Protecting women’s rights in relation to gender-based violence.): Aids Law Project; the Black Sash; Childline SA; Centre for Applied Legal Studies; Centre for the Study of Violence and Reconciliation; Gender Advocacy Project; KwaZulu-Natal Network on Violence Against Women; Masisikumene;NICRO; Nisaa Institute for Women’s Development; People Opposing Woman Abuse; Port Elizabeth Rape Crisis Centre; Rape Crisis Cape Town Trust; Resources Aimed at the Prevention of Child Abuse and Neglect; Sex Workers Education and Advocacy Taskforce; Thohoyandou Victim Empowerment Project; Tshwaranang Legal Advocacy Centre; Western Cape Network on Violence against Women; Womensnet.
In the memorandum the organizations call on the Department of Justice and Constitutional Development, the Department of Safety and Security, to make the Age of Hope a reality for women and children by undertaking the following:
1. Releasing the draft Sexual Offences Bill to the public for discussion and consultation;
2. Finalising the contents of the Bill in accordance with the outcomes of the public consultation;
3. Maintaining and strengthening the specialist sexual offences courts;
4. Allocating resources to the Departments of Health and Social Development, as well as the many non-governmental
organisations that provide for the care and management of rape survivors;

5. Costing the effective implementation of the Sexual Offences Bill and ensuring that an adequate budget is allocated towards theimplementation of this legislation;
6. Translating the application forms for the protection order in terms of the Domestic Violence Act (DVA) into at least three other official South African languages in addition to English and Afrikaans;
7. Employing more maintenance investigators;
8. Employing more clerks of the court to deal with applications for maintenance;
9. Employing more clerks of the court to deal with applications for protection orders;
10. Training all relevant government employees around the contents and implementation of the Domestic Violence Act;
11. Training all relevant government employees around the contents and implementation of the Maintenance Act; and
12. Ensuring that both the Independent Complaints Directorate and the South African Police Service fulfil their statutory obligations in terms of the DVA to submit reports every six months to Parliament around police (non)compliance with theirobligations in terms of the Act. To date, the SAPS have not submitted a single report since the Act was operationalised in 1999while the ICD has submitted only two reports.
They also call on the Department of Justice to provide the National Working Group on the Sexual Offences Bill, by no later than 10 May, in writing, with the dates by when they will release the draft Sexual Offences Bill for public comment; the time frames they will allocate towards public consultation and discussion of the Bill; and the date by when they propose to finalise the Bill.
3.3 Recommendations about enhanced communication strategies and integrated data systems.
Delays in finalising key child care and protection legislation, i.e. Children’s Bill (enactment of Section 75 and finalization of Section 76), the Sexual Offences Bill, Compulsory HIV Testing of Alleged Sexual Offenders legislation, the Child Justice Bill; have been of great concern. The Children’s Bill deals with the issue of trafficking in children quite comprehensively. South Africa as yet does not have legislation criminalising trafficking in persons. Existing laws do not adequately provide support and assistance to complainants and victims of trafficking in children and child sexual exploitation; and effective sanctions against offenders remain problematic. We are glad that trafficking in persons is a priority item on the South African Law Commission’s programme. The Commission is awaiting comments on their discussion paperThe Committee has attached recommendations received at a hearing held on 24 March 2006 (see paragraph 12.2 of this report). The innovative and clear recommendations brought by the participants were heartening.
This country has a wealth of dedicated, professional public servants and civilians who can identify problems and come up withpractical solutions. The quality of the recommendations is encouraging, and highlights how Government departments and civil society can work together to solve some very pressing problems in this country and in the region. The recommendations demonstrate thecrucial responsibility of individuals in Government Departments and in civil society to remain vigilant and focused throughout.
The hearings were held because the JMC IQLSW had identified the need for:
• Co-ordinating data and research across disciplines to ascertain what violence costs the Republic of South Africa
• Keeping track of SAPS case dockets in view of the high incidence of destruction of these documents (refer to MRC report onIntimate Femicide)
• Statistics from SAPS, Department of Health, Department of Social Development, the legal fraternity and the National
Prosecuting Authority etc.

• Identifying abuse-related injuries and costs across the board;
• Consolidating official statistics on violence (police dockets, emergency rooms - Department of Health, Justice System, NGOs)to determine the cost of treatment and to try to strategise for, and cost, prevention methodologies.
• Communicating with people in rural areas to educate them about policies and their rights
3.4 Delayed funding approvals cause breakdown in committee’s functioning.
The committee experiences such delays in funding approval that full delegations cannot attend National Gender Machinery meetings. Members who do attend must claim for expenses after returning to Parliament, and in most cases those attending must leave the two-day meetings after having attended only one day.
The delays have by now impacted to such an extent that members of the committee are reluctant to commit to accompanying delegations of the Joint Monitoring Committee on Improvement of Quality of Life and Status of Women, because other committeeshave higher success rates in obtaining funding approval.
Practically this means that members of the committee, who are expected to commit to oversight visits two months in advance, are put in the unenviable position that they only get confirmation at the last minute that they will indeed travel. These members are expected to make a choice between waiting for such last minute confirmations from the Joint Monitoring Committee secretariat, or abandoning the Joint Monitoring Committee’s programme and rather throwing in their efforts with other committees that have earlier successes in obtaining funding.
The impact is that members do not get exposure to the issues on the ground, because they do not participate in committee activities, apart from attending committee meetings on Friday mornings.
The reason for the delays in funding approval seems to be the long bureaucratic chain that Joint Committees must follow. At present the committee must obtain seven signatures, apart from those of the chairperson and deputy chairperson, to spend money: (i) Control Committee Secretary, Cluster 2 – Social Services
(ii) Chairperson of Committees, National Council of Provinces
(iii) Chief Whip, National Council of Provinces
(iv) Chairperson of National Council of Provinces
(v) House Chairperson: Committees, National Assembly
(vi) Section Manager: Committee Section
(vii) Division Manager: Legislation and Proceedings
3.5 Research support for the JMCIQLSW
The Committee repeats its appeal for specialised research assistance and requests clarification about the additional research assistance that was offered at the beginning of 2005. We commend the staff of Parliament’s Research Section for the sterling work they produce, mostly at very short notice.
However the nature and magnitude of the committee’s monitoring work is such that sustained failure by the institution to provide a dedicated specialist for this Committee is hampering compliance with its mandate. The scope and nature of the Committee’s oversight workload is immense, because it includes national, bilateral and multilateral oversight. The Committee cannot function satisfactorily without a dedicated researcher and therefore we repeat our request for immediate dedicated research assistance.
3.6 Communication within government departments
The committee is privileged to meet with every government department, because it calls all departments to report on the state of their gender focal points and other programmes. Because of the committee’s unique perspective over all government departments, it hasbeen able to compare departments’ responses to requests from Parliament.
In many departments the committee’s requests for information or presentations are communicated slowly and incompletely from the point of reception to the desk of the person who is tasked with preparing the department’s response. While this is not true for all government departments, there appears to be a need for improving communication within government departments.
Some departments do not comply with basic requests from the Committee. The cause could be that the person who receives the request does not communicate the entire content of letters to the staff member who has to respond, or that departmental officials do not read documents well. This Committee’s concern is that departmental officials read and implement national Government policy. The Committee requests that directors general support and encourage their staff to re-focus, to communicate effectively and to brush up on Government policy, especially the National Gender Policy.
3.7 Non-attendance by members
Non-attendance of committee meetings impacts on the Committee’s ability to function. Members of Parliament who do not attendmeetings cannot be aware of content discussed at those meetings. This translates into weakened committee capacity. Members of the JMC IQLSW who do not attend meetings are urged to participate in Committee activities so that they will be able to inform civilians in especially their constituencies of their rights and responsibilities.
Full-time members should not have other commitments on Fridays, so that they will not be able to inform the Committee that theycannot attend, because they also have full-time membership of other committees that are meeting at the same time.
3.8 Recommendation for compulsory workshop for all MPs
At a meeting on 11 November 2005, the members of the JMCIQLSW noted the urgent need for equipping all members of Parliament, as public representatives, with using gender monitoring tools in the course of their work. Members of Parliament must be able to talk about - and expect - disaggregated data when they scrutinise reports from Departments.
The Committee therefore wrote to the Presiding Officers with this request that a specialist in the field be commissioned to run a three-day workshop for MPs, that attendance must be compulsory for all MPs, and that the matter had to be raised in the Committee ofChairpersons.
The Committee recommends strongly that this training be completed by all Members of Parliament in the course of 2006.
3.9 Meeting slots
The Committee finds it more difficult to find meeting slots. This may be because of the current scheme of scheduling committee meetings and the Parliamentary programme. Joint Committees may only meet on Fridays, but has to compete with plenaries and provincial business.
The JMCIQLSW could only meet on three occasions during the first quarter, and aims to improve on the frequency of meetings during the Second Quarter.
4
CORE OBJECTIVES:
The Joint Committee must -(a) monitor and evaluate progress with regard to the improvement in the quality of life and status of women in South Africa,with specific reference to the Government's commitments -
(i) to the Beijing Platform for Action; and (ii) with regard to the implementation of the Convention on the Elimination of Discrimination againstWomen; and
(iii) to any other applicable international instruments; (b) may make recommendations to both or either of the Houses, or any joint or House committee, on any matter arising from paragraph (a) or (b).
5. Committee activities

5.1 Committee meetings
a) National Gender Machinery meeting in Pretoria 15 and 16 March 2006 – notification of b) Referrals of documents to JMCIQLSW: i) The committee received referral of the Appropriation Bill [B2 – 2006] (for consideration) in the ATC dated 6 March 2006. ii) Memorandum on Vote No 1—‘‘The Presidency’’, Main Estimates, 2006-2007. (for consideration) c) Agenda for 17 March 2006 d) Hearing on integrated data systems planned for 24 March 2006 10 March 2006
a) Date for delegation from JMC to meet with presiding officers on administrative difficulties and its impact on committee’s functioning. b) Deliberations on State of the Nation Address (including ASGISA) c) Deliberations on Appropriation Bill 17 March 2006
Hearing on: A) Enhanced Communication Strategies in view of the high incidence of violence against women and children in South Africa, pornography, trafficking in persons and related matters B) Integrated data systems and consolidated statistics across governance clusters (for instance, for improved prosecution and improved data on charge sheets (SAPS)) Presentations by invited departments: •National Prosecuting Authority ( on behalf of the National Task Team on Trafficking in Persons) •Statistics SA •SABC •Department of Communications •Department of Public Service and Administration 24 March 2006

5.3 Oversight/monitoring visit to
Places visited
Date
Members participating
provinces-Topic
1196

[Tuesday, 6 June 2006
None
6. CONSULTANTS USED BY THE COMMITTEE:
• Ms Debbie Budlender, specialist researcher with the Community Agency for Social Enquiry (C A S E), a non-governmental organisation working in the area of social policy research. Debbie has been the overall coordinator of South Africa’s Women’s Budget Initiative since it started in 1995.
7. PAPERS (INTERNATIONAL AGREEMENTS, PROTOCOLS, REPORTS ETC) REFERRED TO THECOMMITTEE:-
7.1 Special Report from the South African Women Entrepreneurs- A burgeoning force in our economy for
2005 for consideration and report

7.1.1 Referred on 15 November 2005
7.1.2 Not yet considered. On Committee programme for second quarter of 2006.
7.2 The relevant programmes of the Memorandum: (a) Memorandum on Vote No 1—‘‘The Presidency’’, Main Estimates,2006-2007
7.2.1 Referred 8 March 2006 for consideration
7.2.2 Not yet considered. On Committee programme for second quarter of 2006.
7.3 Report and Financial Statements of the Commission for Gender Equality (CGE) for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005 [RP 120-2005].
7.3.1 Referred 1 November 2005 for consideration and report
7.3.2 Not yet considered. On Committee programme for second quarter of 2006.
7.4 Appropriation Bill [B 2 – 2006]
7.4.1 Referred 6 March 2006 for Consideration
7.4.2 Not yet considered. On Committee programme for second quarter of 2006.
8 REPORTS PUBLISHED
Report on monitoring visit to Gauteng, Eastern Cape and KZN Provinces (October 2005) with a focus on the Domestic Violence Act (116 of 1998) and the Maintenance Act (99 of 1998)-( Report to be published in second quarter 2006)
9 OVERSIGHT VISITS AND GENDER MACHINERY MEETINGS
Date Venue Members participating
Stakeholder Consultation Sessionin preparation for the 50thsession of the United NationsCommission on the Status of Women (UN CSW). 6 and 7 February 2006 (Monday and Tuesday). Pretoria 1) Mrs M R Morutoa –ANC, NA 2) .Mrs E S Mabe, ANC,NCOP

9. APPEARANCES BEFORE COMMITTEE
9.1 Cabinet / Minister: 0
9.2 Officials from Government Departments and other Bodies: 18
9.3 Parliamentary Officials:8
9.4 International visitors: 0
9.5 Attending members of provincial legislatures: visits by members of Provincial legislatures: 1
9.6 Civil Society: 2
9.6 Statutory Bodies: Commission on Gender Equality 0 SALGA 0 9.8 Nongovernmental organizations, individuals and groups: 6
10 FINANCIAL STATEMENTS:
10.1 Budget allocated to Committee: R 544 330,00
10.2 Expenditure: Catering: R 20 724,70 Provincial Oversight Visits R 282 929,00
Overseas Trips R 0 ,00
Workshops Committee training including provinces R 9 120,00
Credit to Consolidated Fund R 134 680,00

10.3 Balance R 65 623,58
10.4 Expenditure approved and incurred for 2005/2006as at 06/02/2006 R 513 374,50
10.5 Balance as at 06/02/2006 R 30 955,50
11. OUTSTANDING MATTERS:
All referred documents
12. RECOMMENDATIONS:
12.1 Committee recommendations:
That there be an instruction that members of Parliament should report on what they saw on their campaign trail during the run-up to the local government elections (2006).
The committee wishes to conscientise the programming authorities that if a meeting similar to the Men’s Dialogue is to be held during 2006, it should be held on a day when there is no other committee sitting, so that the Dialogue would be well attended by the men of Parliament.
That the status of the committee is imperiled because of its Friday meeting slot.
12.2 Recommendations from the JMCIQLSW’s Hearings on Enhanced Communication Strategies and Data Coordination (24March 2006)
Terms of reference for the hearings:
Enhanced Communication Strategies in view of the high incidence of violence against women and children in South Africa,pornography, trafficking in persons and related matters
Integrated data systems and consolidated statistics across governance clusters (for instance, for improved prosecution and improved data on charge sheets (SAPS))
12.2.1 Statistics SA recommendations:
• Increased cooperation between Statistics South Africa, SAPS, the Department of Transport, and National Injury Mortuary Surveillance System (NIMSS) could improve knowledge about unnatural deaths and unnatural death rates. Statistics SouthAfrica, SAPS, and the Department of Transport have begun to cooperate.
• If SAPS could fill in the circumstances of death (firearm, transport, burn, etc.) on the Death Notification form, it would help in analysis of unnatural death rates. The Inquests Act has been interpreted as barring those that fill out the Death Notificationforms from indicating the manner of death (intent). However, the law does not bar recording the circumstances of the injury (firearm, sharp, burn, etc.)
• If a “best opinion about apparent manner of death” item could be placed on the Death Notification Form without legal weight (as on the NIMSS form), it would allow calculation of unnatural death rates by intent from death registration data.
• That the provisions of the “Wet op Geregtelike Doodsondersoeke” (Inquests Act, Act No 58 of 1959) to be reconsidered.
• These improvements would help understanding of patterns of violent death to women as well as many other important topics,including transport deaths, pedestrian deaths, and the changing role of firearms.
12.2.2 National Prosecuting Authority recommendations:
• Adopt a human rights approach to development of legislation, policies and programmes
• Child participation in development
• Data-driven initiatives
• Integrated response mechanisms
• Standard operating procedures (based on minimum standards) – reliability, consistency and dependability
• A shift from crisis management to strategic management strategy development must ensure prevention, reaction, support
• Focused and appropriate messaging for public awareness and education
• Strong focus on education which blends cultural practices with law enforcement.
12.2.3 Department of Communications recommendations:
The Department of Communications and the Information and Communication Technology Sector (ICT sector) can play a key role in addressing the high incidence of violence against women and children in South Africa, pornography, trafficking in persons and related matters
(a) Emergency call centres and help lines
• There must be one national emergency line where women and children can call during emergencies
• Coordinate initiatives by Government, the private sector and civil society – at present there is no coordination, although various stakeholders from both the business community and civil society have communications infrastructure that are strategically positioned to deal with emergencies resulting from violence and abuse of women.
• Service providers in the ICT sector could run campaigns on their emergency lines so that the victims of violence and abuse can call when they are in distress
• Telephone penetration in all communities must be moved up. At present there is low telephone penetration in some communities.
• Roll out of the national address system in some communities (rural villages) to speed up turn-around time in case of emergency. A process is under way to licence service providers in the under-serviced areas to provide telecommunicationsservices
(b) Enhanced communication strategies
• Utilising existing infrastructure and processes for the communication strategies – e.g. 112 Call Centre, Community Radio Stations, Multipurpose Community Centres (MPCCs (e-cadres)), Public Information Terminals (PiTs), SAPO Postcard Pledge
(c) Integrated data systems and consolidated statistics
• Create a portal where different levels of intervention can be recorded -for example the number of emergency calls logged, number of people who received medical attention, counselling services, etc. This will assist in (a) determining trends and the areas where violence and abuse is most prevalent and (b) will provide for strategic intervention
(d) Cyber dialogues
• Create a cyber platform where information can be shared
12.2.4 Department of Public Service and Administration recommendations:
Integrated Data Systems and Consolidated Statistics In the Public Service the types of data currently available and collected are the rates in illness/injury or incident reports, secondary data of disciplinary cases. There is no data on the types of violence against women. The Department is not aware of any collated crime and health statistics in Public Administration, except as may be done at a country level by the SAHRC.
(a) Recommendations - Violence in the Workplace
(i) That the Public Service Employee Health and Wellness Policy framework and Human Resource Planning policy section further research and address costs as consequence of workplace violence.
(ii) All departments and provincial administration must be required to have systems in place to record incidents of violence against staff and have published strategies to reduce frequency of such incidents.
(iii) The Department of Public Service and Administration’s employment and governance responsibilities are to address and recognize their obligation to develop standards and guidelines to provide safe workplaces for women and men.
(iv) The Public Service must implement laws, policy and plans as a first step in accomplishing the goal to eliminate or reduce workplace violence - The Department for Public Service and Administration recommends a systemic approach.
(v) Adopt 'critical social policy', and begin from a view of social policy that is underpinned by social inequality particularly the inequalities of class, race and gender, in reviewing Public Service employment and governance regulations, policies and plans
(b) Recommendations – E-governance
• Give focus to ICT innovations to strengthen the public voice to revitalize democratic processes, and refocus public management, structure and monitoring of government that better serves the public interest, looking beyond delivery of government services and information to the public using electronic means, to the issue of e–governance.
(c) Recommendations on Integrated Data Systems and Consolidated Statistics
(i) That attention should be given to abnormally high levels of absence on the grounds of sickness, high levels of staff turnover and records of violent incidents. Historically, the DPSA has not collected sex–disaggregated data in this respect.
(ii) That the Public Watch monitoring and evaluation system be used to collect data on the types of violence against women, on the direct costs of legal liabilities by departments, lost work and security measures/installations.
(iii) That data collection at national, provincial and local levels be systematized, and integrated/collated through enhancing existing IS/IT systems of Vulindlela, and the Public Watch monitoring and evaluation system. The Presidency’s monitoring and evaluation system could assist with the provision of internationally accepted baseline indicators for sex disaggregated reporting and evaluation.
(iv) That current practices that top management are mostly responsible for, or contribute to data collection be continued.
(v) That DPSA promote increasing processes of dialogue, consultation, negotiation and all forms of cooperation among levels of government and between government departments, senior management and workers, trade unions and professional bodies, specialists, advocacy groups and NGOs active in the areas of workplace violence, health and safety, human rights and gender promotion.
(vi) That workplace violence be eliminated using a comprehensive multi–dimensional approach/methodology with a mix of risk control measures, adopting the risk–management approach, which consists in risk assessment, risk control measures and review of strategies.
(vii) That costs be addressed as a major negative impact of workplace violence.
12.2.5 SABC Recommendations:
That the SABC:
• As overall objective minimise the level of violence and sex scenes in programmes.
• Sustain comprehensive integrated storytelling
• Establish a panel of experts
• Drive advocacy campaigns
• Develop programmes that drive social action
• Become agents of change
• Mobilise resources for consistent and frequent messaging
• Extend messages to sport programming
• Ensure interaction with audiences via programming and then ensure that the storytellers become change agents in their communities
• Aggressive training for commissioning editors and film industry
• Forge strategic partnerships.
12.2.6 United Nations Office on Drugs and Crime (UNODC) recommendations:
(i) That anti-human trafficking advertisements be used in South Africa in order to promote awareness about trafficking in persons (for instance, the UNODC video advertisements).
Specific focus must be put on the development of information and awareness-raising materials and enhancing cooperation and awareness-raising in the community and among practitioners (police, social services, health etc). Awareness raising campaigns are extremely important in the prevention of trafficking in human beings. Potential victims are vulnerable also due to a lack of information, therefore awareness raising campaigns in countries of origin must aim to empower people to make informed choices about working opportunities abroad.
(ii) Participation in UNODC anti-trafficking in persons projects in Southern Africa
• a regional project in collaboration with the Southern African Development Community (SADC) to address problems related to the lack of proper national anti-trafficking legislation and aimed at assisting in the adoption of a regional strategy against trafficking in persons.
• increasing the technical capacity of police and prosecution agencies of the Southern African Police Chief’s CooperationOrganization (SARPPCO) through a regional training course for police officers and prosecutors focusing on identifying, investigating and prosecuting cases of trafficking in persons in collaboration with the NGO Molo Songololo, in the Western Cape to raise awareness, and provide support to victims of trafficking and those at risk.
12.2.7 Molo Songololo recommendations:
Trafficking in children
• Engage civil societies and local communities in the various processes; including child participation
• Set in place a monitoring instrument within cabinet, Parliament and the relevant departments to ensure the finalisation of the child care and protection law reform process and identify a lead department or driver for the process
• Role-clarification and communication systems to monitor effectiveness of the Chapter 9 institutions and the Offices in the Presidency on the Status of Women and Children
• Adopt a non-punitive approach to child victims
• Provide social, medical, psychological and other support to victims of commercial sexual exploitation
• Facilitate the recovery and reintegration of child victims in communities and families
• Where institutionalisation of the child is necessary, ensure that it is for the shortest possible period in accordance with the child’s best interests
• Facilitate for services and support for South African and foreign children including repatriation strategies and programmes in the child’s best interests
Intervention strategies
• The Department of Social Services (national and provincial) must be the lead department and provide direct social assistance to victims of child sexual exploitation and their families.
• The Department of Foreign Affairs should be mandated to take measures to ensure that embassy and other diplomatic personnel abroad are familiar with the laws of that country pertaining to support and assistance to foreign victims of child trafficking
• Inter-departmental cooperation between Departments of Social Services, SAPS, Justice, Health, Labour, Education, Finance and Public Works, is crucial.
• SAPS and the Department of Justice and Constitutional Development are to develop strategies and protocols for the investigation, data collection, charging, prosecution and sentencing of offenders
13. SUBMISSIONS RECEIVED:
During hearings on 24 March 2006:
A United Nations Office on Drugs and Crime (UNCDOC), UNCDOC’s work in the area of trafficking in persons
BUnnatural deaths among South African Women: Results and Thoughts for Data Improvement from Statistics South Africa, Statistics SA (Dr. Heston Phillips)
C Report by the Department for Public Service and Administration
D Department of Communications presentation
E Department of Communications report
F National Prosecuting Authority report on enhanced communication strategies in South Africa
G Molo Songololo submission to JMC on IQLS of Women on enhanced communication strategies and integrated data systems across governance clusters.
H National Prosecuting Authority Powerpoint presentation on enhanced communication strategies in South Africa
0n 10 April 2006:
Memorandum about “Protecting women’s rights in relation to gender-based violence”, received on 10 April 2006.
13. ATTACHMENTS:
i. Master attendance list
ii. Copies of minutes of meetings
iii. Memorandum about “Protecting women’s rights in relation to gender-based violence”, received on 10 April 2006
14 SUPPORT STAFF:

Control Committee Secretary: Mr J M Boltina Committee Secretary: Ms M S PauwCommittee Assistant: Mr F Holliday Secretary to Chairperson: Ms K DavidsResearch Support: On request from the Parliamentary Research Section……………………………………………………………………………………
COMMITTEE SECRETARY DATE
………………………………………………………………………………….
CONTROL COMMITTEE SECRETARY DATE
………………………………………………………………………………….
COMMITTEE CHAIRPERSON (Mrs M R Morutoa) DATE
………………………………………………………………………………….
COMMITTEE DEPUTY CHAIRPERSON (Mrs E S Mabe) DATE
Attachment iii to JMCIQLSW Quarterly Report January – April 2006
(PDF format available)
MEMORANDUM TO THE DEPARTMENTS OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT, SAFETY AND SECURITY AND JOINT MONITORING COMMITTEE ON THE IMPROVEMENT OF THE QUALITY OF LIFE AND STATUS OF WOMEN
Date: 10 April 2006
From: Aids Law Project; the Black Sash; Childline SA; Centre for Applied Legal Studies; Centre for the Study of Violence and Reconciliation; Gender Advocacy Project; KwaZulu-Natal Network on Violence Against Women; Masisikumene;NICRO; Nisaa Institute for Women’s Development; People Opposing Woman Abuse; Port Elizabeth Rape Crisis Centre; Rape Crisis Cape Town Trust; Resources Aimed at the Prevention of Child Abuse and Neglect; Sex Workers Education and Advocacy Taskforce; Thohoyandou Victim Empowerment Project; Tshwaranang Legal Advocacy Centre; Western Cape Network on Violence against Women; Womensnet.
To: The Department of Justice and Constitutional Development The Department of Safety and Security Joint Monitoring Committee on the Improvement of the Quality of Life and Status of Women
Re: Protecting women’s rights in relation to gender-based violence In his 2006 State of the Nation address, President Mbeki declared that South Africa had entered an Age of Hope. This is manifestly not the case for the one in two women who in one form or another experiences violence at the hands of her partner.1 It is also not truefor those women killed by their intimate partners. National figures for intimate femicide suggest that this most lethal form of domestic violence is prevalent in South Africa. In 1999 8.8 per 100 000 of the female population aged 14 years and older died at the hands of their partners - the highest rate ever reported in research anywhere in the world (Mathews et al, 2004). It is also not the case for the
1
One study surveying 1 306 women in three South African provinces found that 27% of women in the Eastern Cape, 28% of women in Mpumalanga and 19% of women in the Northern Province had been physically abused in their lifetimes by a current or ex-partner. The same study investigated the prevalence of emotional and financial abuse experienced by women in the year prior to the study and found that 51% of women in the Eastern Cape, 50% in Mpumalanga and 40% in Northern Province were subjected to these types of abuse (Jewkes et al, 1999).
many women and girls, boys and men who experience sexual violence. At present the true extent of sexual violence in South Africa is unknown. StatsSA found that one in two rape survivors reported being raped to the police (Hirschowitz, Worku and Orkin, 2000),while the Medical Research Council (MRC) found that one in nine women reported being raped (Jewkes and Abrahams, 2002). Bothstudies clearly find rape to be under-reported although their findings differ as to the extent of such under-reporting. On the basis of the above studies it can be extrapolated that the 55 114 rapes reported by the SAPS in their 2003/04 released data is more accurately calculated as falling somewhere between the region of 110 000 and 4950 000 actual rapes having taken place.
We therefore call on the Department of Justice and Constitutional Development, the Department of Safety and Security, to make this Age of Hope a reality for women and children by undertaking the following:
13. Releasing the draft Sexual Offences Bill to the public for discussion and consultation;
14. Finalising the contents of the Bill in accordance with the outcomes of the public consultation;
15. Maintaining and strengthening the specialist sexual offences courts;
16. Allocating resources to the Departments of Health and Social Development, as well as the many non-governmental
organisations that provide for the care and management of rape survivors;

17. Costing the effective implementation of the Sexual Offences Bill and ensuring that an adequate budget is allocated towards theimplementation of this legislation;
18. Translating the application forms for the protection order in terms of the Domestic Violence Act (DVA) into at least three other official South African languages in addition to English and Afrikaans; 19. Employing more maintenance investigators;
20. Employing more clerks of the court to deal with applications for maintenance;
21. Employing more clerks of the court to deal with applications for protection orders;
22. Training all relevant government employees around the contents and implementation of the Domestic Violence Act;
23. Training all relevant government employees around the contents and implementation of the Maintenance Act; and
24. Ensuring that both the Independent Complaints Directorate and the South African Police Service fulfil their statutory obligations in terms of the DVA to submit reports every six months to parliament around police (non)compliance with theirobligations in terms of the Act. To date, the SAPS have not submitted a single report since the Act was operationalised in 1999while the ICD has submitted only two reports.
Finally, we call on the Department of Justice to provide us by no later than 10 May, in writing, with the dates by when they will release the draft Sexual Offences Bill for public comment; the time frames they will allocate towards public consultation anddiscussion of the Bill; and the date by when they propose to finalise the Bill. This information may be forwarded to the National Working Group on the Sexual Offences Bill, care of Lisa Vetten.
Yours sincerely Lisa VettenOn behalf of the “Get on the Bus” campaign Fax number (011) 403-5650
"I'd rather have a gun and not need it than vice versa."
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