Download Commission on Gender Equality Amendment Bill

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Commission on Gender Equality Amendment Bill
Compiled by University of the Witwatersrand 4th Year Social Work students:
i) Collin Kudare
ii) Glenda Skudicky
iii) Obrey Shai
iv) Sally Matuku
v) Tatenda Zange
Contact Person:
Obrey Shai (Email: [email protected])
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Name Change:
Commission on Gender Equality has now become Commission for Gender Equality.
The word “on” signifies that we are talking about a certain matter whilst the word “for” is
proactive and symbolizes that we are working towards a specific goal. We are there in agreement
with the amendment because it addresses transformation issues which are vital in South Africa
today.
The Constitution of the Republic of South Africa 1996 is for equality as stated in Chapter 2, of
the Bill of Rights.
Preamble:
In the second paragraph of the preamble, the clause “the status of women” has been removed.
We agree with this change as it alludes to a bias towards women. By utilizing the word ‘gender’
it shows equality and neutrality amongst the sexes.
In the second bullet point which has been added to the second paragraph in the preamble there is
a direct quotation which has been included from Chapter 9; Section 187(1-3) of The Constitution
of the Republic of South Africa 1996. It does not elaborate how the various functions will be
carried out; for whom it will be done; under which circumstances it will apply and how it will be
applied. We believe that this should be elaborated on and specify the ways in which it will
benefit and protect the victims of gender inequality.
Amendment of Section 1(iv) of Act 39 of 1996:
There has been a change from Minister of Justice to Minister responsible for women, children
and people with disabilities. While we acknowledge that women are a particularly vulnerable
group in society, we wonder if there will not be a bias towards men. We therefore feel that there
may be an underlying contradiction as this Bill stands for gender equality. It is evident that
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amendments have been made in relation to the phrase “status of women”, yet a minister who
might be in favour of women’s issues has been elected to govern the commission. We suggest
reverting to the Minister of Justice or creating a new one such as the Minister of Gender
Equality, which will be in line with the act and what it aims to do.
Amendment of Section 3(5a) of Act 39 of 1996:
The grounds under which a member may be removed will be based on the grounds of
misconduct, incapacity or incompetence; it can therefore no longer be based on the joint decision
of the committee. This change in alignment with Chapter 2, section 33(1) which dictates that
“everyone has the right to administrative action that is lawful, reasonably and procedurally fair”
(The Constitution of the Republic of South Africa, 1996). A committee member will therefore be
dismissed due to their personal actions and can no longer be unfairly dismissed or discriminated
against just cause. There are legal procedures which must be enforced and evidence provided
before dismissal of a member. This gives every member an equal platform when it comes to the
terms under which a dismissal will take place.
Amendment of Section 3(5b) of Act 39 of 1996:
The removal of a committee member now falls under the oversight of the National Assembly and
not merely that the National Assembly and the majority of the total number of members of both
houses (the National Assembly and Senate). This is in alignment with Chapter 9, Section 181(15), which outlines the State institutions which are in support of constitutional democracy and
how they should be governed. These institutions are accountable to the National Assembly hence
they should report on all their activities, their performance of functions and their decisions for
the removal of members, allowing the National Assembly to have the final say.
Objects of the Bill:
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The objects of the bill have specified what recommendations could be made and what proposed
amendments have been made. These clearly outline the changes which have been made as well
as allowing for any recommendations from the public. We are in agreement with these objects.
We live in a democratic country with a constitution which allows every person to have a say and
to voice their opinion when it comes to any political matter.
Concluding Thoughts:
Our views are that the majority of the changes which have been made are in alignment with the
Constitution of the Republic of South Africa 1996. We ask however that our proposed
suggestions be looked at and taken into consideration.