Gender Transformation in Public & Private Sectors: CGE Reports

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Employment and Labour

08 December 2021
Chairperson: Ms M Dunjwa (ANC)
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Meeting Summary

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In a virtual meeting, the Committee received a Commission for Gender Equality briefing on its reports on Gender Transformation in Tertiary Institutions 2018/19 and Transformation in Public and Private Sectors 2019/20.

Committee members asked why the public service has reached less than 1% employment of people with disabilities, contrary to speculations by the previous Minister of Employment and Labour. The shrinking workforce was noted and Members asked if there are recent statistics on women and the disabled in the face of the shrinking workforce. They asked how often reports were submitted by tertiary institutions on gender equity transformation, and if frequent workshops and awareness campaigns on gender equity were organised. Concern was noted that COGTA records very low transformation in the institutions under its purview. Other questions included the level of interaction between CGE and churches and traditional leaders. Some Members referred to cases of gender insensitivity and sexual harassment in churches and the effect of traditional practices in rural areas. They asked about the influence of CGE on the formulation of policies on gender parity and sexual harassment in institutions; CGE follow up of findings and progress review in institution; and transformation within Model C schools. Racism was raised as well the need to promote recognition of prior learning.

Meeting report

Gender Transformation in Tertiary Institutions (2018/19)
Ms Jamela Robertson, Commission for Gender Equality CEO, presented the legal framework of the CGE with respect to gender transformation in tertiary institutions. It also presented report on the various transformation hearings conducted by the CGE within 2018/2019, and reported that the CGE is concerned with the lack of proper understanding of gender dynamics in the workplace accompanied by a slow pace of transformation. Focus was on institutions of higher learning as a result of disturbing media reports as well as complaints received. The purpose of the hearings was outlined and report presented on the findings and recommendations on the University of Zululand, Nelson Mandela University, Sol Plaatje University, University of Mpumalanga, and the Department of Higher Education and Training. The presentation concluded with the various interventions by the Commission.

Gender Transformation in the Private and Public Sectors – Progress Report 2019/20
The CGE CEO also reported on the transformation hearings conducted by CGE in 2019/20 on gender transformation in the private and public sectors. She presented the findings, recommendations and progress report on Vodacom, Woolworths, National Department of Cooperative Governance and National Department of Justice and Constitutional Development.

Discussion
Mr M Bagraim (DA) said that the report indicated the public service has less than 1% employment of people with disability, while it is evident that up to 6% of the population in South Africa are disabled. However, the previous Minister of Labour said about seven years ago that the public service was going to reach 3% but the number is still below 1%. He wanted an explanation for this.

He asked if it is possible to consider differentiated targets for small as opposed to big businesses, especially small businesses in disadvantaged areas.

Mr Bagraim raised concern about the shrinking status of the workforce in the last ten years, and if there were recent statistics for the employment of the disabled and women.

Ms C Mkhonto (EFF) asked how often are tertiary institutions expected to submit progress reports on gender equity transformation. Are there gender equality units or other structures that ensure the scheduling of frequent workshops and awareness campaigns about staff composition in these institutions.

Ms Mkhonto said the report for the Department of Cooperative Governance and Traditional Affairs (COGTA) is concerning. COGTA has a mandate to ensure that the municipalities and traditional authorities are transformed. The Committee needs to know why COGTA is failing or recording very low transformation in the institutions under its purview.

There is progress evident in the private companies that CGE visited but there are still struggles with black women or women of colour representation in top management positions. There is much work to be done for people with disability both in the private and public sector and tertiary institutions.

Mr N Hinana (DA) asked if the CGE interacted with institutions such as churches and traditional leaders on gender parity and sexual harassment. Churches practice gender insensitivity by not recognising the contribution of women. Also 90% of churches are led by men and in churches, there are a lot of cases of sexual harassment and gender insensitivity, with cases currently in court. Lack of gender parity is very evident within the rural areas. Many scholars in institutions of higher learning come from rural communities where these practices are happening. Does CGE engage with traditional institutions on this?

How many women in South Africa are being trained for participation in leadership, and how can their contributions be made more visible. There are very vocal women in South Africa, however their leadership is not recognised. Why is there a general belief that women cannot lead political organisations? The kind of education needed is one that encourages women to support fellow women, and encourage women to identify capable leaders among themselves.

Mr M Nontsele (ANC) noted the report on findings in the Department of Justice and Correctional Services and COGTA. Has support been provided to these institutions, and were these outcomes shared with the political officers and oversight structures of these departments. What response was received from the political level, because beyond receiving reports, the Committee will need to review the progress made.

The Chairperson asked if the CGE interactions were based on complaints received. Within the tertiary education sector, there are institutions that must be visited when transformation is being considered. This includes institutions that under the previous regime focused on a particular ideological trend. Examples of these institutions are the University of Stellenbosch, University of Cape Town and University of Free State. Transformation is a very challenging struggle within these institutions and there should be a review of how these institutions are complying. It is also important to review the progress of transformation in Model C schools within the portfolio of the Department of Basic Education.

The issue of racism in the country and within the workplace was not raised. Racism constitutes part of the challenges that must be transformed.

The Chairperson said that she is happy that the recognition of prior learning was raised, but wondered why it was not prioritised in the report. Transformation is a struggle that needs to be addressed unapologetically for the benefit of not only future generations but the current generation of young people. The Committee will expect written responses to questions that cannot be adequately answered in the meeting.

Commission for Gender Equality response
The CGE CEO replied that some of the questions will require an update from the CGE legal department and thereafter she can submit a written response to the Committee.

Recognition of prior learning is related to racism and forms part of the CGE questionnaire. However, there has been no response to questions on the recognition of prior learning and CGE would need to scrutinise this further. It is however common knowledge that the focus is generally on qualifications. CGE will endeavour to strengthen the area of recognition of prior learning when conducting its review.

Racism is one of the questions in the CGE questionnaire and it was observed in all the institutions that there is a concentration of either white males or black males in certain areas, while the concentration of women is in lower job levels. Race and gender are the biggest systemic hurdle in striving to transform the country, but issues of disability and LGBTI are also key factors.

Investigations into institutions previously under apartheid show cases of discrimination, and reports have been submitted on transformation within the public and private sector. There are also cases of family-owned businesses which have been in existence for decades, and which hold their family identity within their business. The Free State University is one university where CGE has followed up with an investigative hearing due to the prevalence of the pre-democratic picture. The Commission has made recommendations and it is following up.

CGE has worked with the Department of Basic Education but an updated report is required on previously Model C schools.

One way CGE target institutions is on the basis of complaints received. CGE also depends on reports from its legal department, research department, and public education department through which it operationalises its mandate. The research findings can inform CGE on where an investigation is required.

On engagement levels during investigative hearings, the first request for a hearing is made to the institution's top decision-making respondent which could be a Minister, Director General or CEO. Unfortunately, most often, representatives are sent when this call is made. The CGE Act has however given directives on how to respond, which could include issuing a subpoena, or filing a case against respondents who refuse to comply with the Commission recommendations. CGE interacts with the Portfolio Committee on Women, Youth and Persons with Disabilities, and presents reports to Parliament as well as to the President once a year. However, more work is needed on the availability of the appropriate relevant stakeholders.

CGE works with churches and partners with entities that represent churches. Currently there is an upcoming engagement with the South African Council of Churches on LGBTIQ issues. Throughout the year the religious and traditional sector engage with CGE. Reports on these engagements are available on the CGE website.

CGE also conducts court monitoring, and in some cases provides advice to the court on how to ensure gender justice in its cases.

With respect to rural areas, the main gender-related finding was about procurement. Women-owned businesses in rural areas stated that they were not getting 40% of public procurement projects. They requested a decentralised procurement model to solve that problem.

Gender-based violence and femicide cuts across geographical background. There is no research that says it is more prevalent in rural areas than urban areas. However, the prevalence of harmful traditional practices within rural areas are clear indications of gender-based violence.

On educating men, CGE has an annual "men and boys programme”. Issues of gender violence cannot be addressed with women alone in a patriarchal system. Patriarchy presents disadvantages to both men and women, therefore men and women must work together to resolve the problem.

On women not supporting each other, women should not be labelled in this manner. There are a few women who have a problem with other women in leadership hence they keep voting for men. However, there have been women who have turned around history in South Africa, and these women should be emulated. Therefore, while women are encouraged to support each other, men must support women as well.

Investigative hearings are conducted annually and there are follow up performance indicators for the following year. Institutions are only dropped when progress is recorded. Quarterly reports were requested from COGTA because of the context of the investigative hearing.

Some institutions have gender focal points while in other institutions the challenge remains that these gender focal points are at a non-decision-making level which renders them redundant.

On the disability target, there has been a compelling debate in the country. The concept and definition of disability was later expanded, and this broadened the scope. Although the target was increased to 3%, from experience, a lot of institutions are unable to achieve 1%.

On mitigating the shrinking workforce, the Covid pandemic had a huge effect on workforce and caused an increase in the unemployment rate.

The CGE Chairperson, Ms Tamara Mathebula, explained that CGE conducts investigations on institutions of higher learning, based on media reports brought to its attention. A few years ago there were issues with sexual harassment of female students at Rhodes University, and sexual harassment at the University of Pretoria, which led to CGE inquiring into transformation and gender equality within the university system. CGE is also looking broadly at the status of safety and security of students resident outside the university campus. CGE has raised these concerns with the Minister and the Deputy Minister of Higher Education and requested the development of safety guidelines to address safety and security, sexual harassment and gender equality in universities. These guidelines were launched two months ago. CGE’s interventions are broader and not only restricted to transformation.

CGE has decided to use legislation as a guiding yardstick in the analysis of the policies and practices adopted by tertiary institutions, companies and the private sector. Non compliance was however recorded due to policies such as sexual harassment policy currently used by institutions aligning with the 1997 Code of Good Practice instead of the 2005 Code of Good Practice. CGE is working closely with institutions of higher learning, the private and public sector to correct some of the prevailing policies to ensure that they align with current legislation.

In addressing racism, CGE is working closely with South Africa Human Rights Commission (SAHRC) which has the core mandate to address human rights and address racism and xenophobia. CGE recently signed an MOU with SAHRC, and CGE now refers racism findings discovered in the course of its work.

CGE follows up on its findings by writing to the Ministers and Directors General concerned and it presents its final reports with binding recommendations. CGE also holds high level meetings with the Ministers and the relevant parliamentary committees are also invited to these meetings.

CGE has not worked with Model C schools due to its limited funding and small budget. However, CGE endeavours to work with a small number of universities every year. Investigations are conducted, subpoenas issued and written reports prepared. CGE has covered a total of 22 out of 26 universities, and is now considering gender transformation in TVET Colleges. CGE is also working with the Ministry and Department of Basic Education on sexual harassment, learner pregnancy and bullying cases. It reviews the cases under consideration, cases finalised and makes recommendations on cases that are yet to be finalised. CGE will however consider how it can focus on Model C schools in its future meeting.

The CGE Chairperson said that the other questions will be responded to in writing.

The Chairperson thanked CGE and the Committee will expect its written responses so that the Committee can prepare for its work next year. CGE is one of the institutions that must assist the Committee in the struggle for transformation.

Compensation for Occupational Injuries and Diseases Amendment (COIDA) Bill
The Chairperson wanted to point out to stakeholders that the Compensation for Occupational Injuries and Diseases Amendment (COIDA) Bill and the amendments to it were tabled in the National Assembly and adopted. The Bill is now with the National Council of Provinces. When the call for public comments is advertised by the NCOP, then the stakeholders can act if they have a problem. Thereafter they must allow the legislative process to run its course and when the Bill is referred back to the Committee, the matter will then be reviewed. The amendments have not yet been enacted by the President.

Committee Business
Minutes of 26 November and 1 December 2021 were adopted.

The Chairperson reported that he had a meeting with the Committee Section Manager to complain that the Budget Review & Recommendations Report (BRRR) was circulated less than 24 hours before the day of the meeting. The Committee secretary had apologised for the misunderstanding. It was noted to the support staff that a repeat of such action will attract consequences.

Mr Nontsele said it will be appropriate for the Committee to adopt the Chairperson’s account of the action taken about the BRRR report as a closed matter. The Committee agreed.

The Chairperson noted that it was the last committee meeting for the year. In 2022, the Committee must review outstanding challenges, especially those arising from Committee reports and oversight visits. This included seeking clarity on the scope of the Department's added mandate of employment.

The meeting was adjourned.

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