Commission for Gender Equality 2021/22 Quarter 2 & 3 performance

Meeting report

The Chairperson expressed her displeasure at the apology submitted by CGE Chairperson. CGE had been informed of the meeting beforehand, so the expectation was that all would avail themselves. She also noted the submission of CGE report but the Committee had rejected its submission as it was approved by only one member instead of the entire Commission. Multiple Committee members agreed with this stance, and Ms Ndaba tabled the suggestion of an internal meeting with the leaders of the Commission to address the poor leadership behaviour displayed.

CGE Chairperson, Commissioner Tamara Mathebula, accepted the rejection of her apology for her absence at the meeting. She reassured the Committee that she would be present for the duration of the meeting and had noted the concerns. She explained that she was delayed by a storm which negatively impacted her flight dates. She had been deployed to the Eastern Cape to assist as Commissioner Ntuli-Tloubatla was experiencing health issues and could not perform her duties.

She would be presenting a report on the Committee’s performance and goals over the second and third quarter. She acknowledged that CGE report on the suspension of Commissioner Booi was sent back. The report is to be tabled at an upcoming plenary meeting of the Commissioners.

The Chairperson thanked Commissioner Mathebula and handed over to the Internal Audit.

Internal Audit Report for Quarter 2 2021/22
Ms Refilwe Matenche, Internal Audit and Risk Committee chairperson, reported on CGE  Quarter 2 for Internal Audit; Financial; Performance; Risk Management; Compliance; and AGSA audit action plan. The findings raised by Internal Audit were:
• Performance information and financial reporting not integrated
• No reasons for non-achievement
• Over-achievement of planned targets
• Targets not specific
• Targets and actual performance not aligned
• Performance information policy not reviewed

Certain vacancies were identified as a key risk.

Ms Matenche went on to emphasise that because the payments to part-time commissioners were already reported as irregular expenditure, she did not have the authority to amend audited records. A solution would be to follow the National Treasury framework for irregular expenditure.

See presentation document for more details.

Discussion
The Chairperson requested clarity on the vacancies mentioned such as the Legal Head of Department and CFO position which had a direct impact on the management of funds. She questioned why these positions had remained vacant for such an extended period as this had a negative effect on the way funds were being spent and allocated. She asked about the backlog.

She asked if Ms Matenche’s team reported their findings back to the Commission so it was aware of the various detected, including over performance and underperformance for some objectives.

The Chairperson asked about how unmet targets in a quarter were carried over to the next quarter and how these were reported on. Are those unachieved targets reconsidered in the new period?

Ms Matenche replied that these become detectable when reviewing the annual targets. Even if not given quarterly feedback on the success of the unmet targets during the year, they are still able to assess the success or failure of these targets overall. The annual results are matched to their budgets, but it would be more desirable to measure them on a quarterly basis. The annual analysis has not had a negative impact on operations since CGE manages to catch up to the targets over time. She agreed for better reporting, quarterly reports on the unmet targets are more effective.

The Chairperson asked about non-payment of part-time commissioners and if this was as a result of not having a CFO.

Ms Matenche deemed the non-payment a separate issue due to non-submission of timesheets. A audit finding the previous year considered the payment to part-time commissioners irregular, as their payment was based on the maximum 100 hours, instead of their actual hours worked based on a timesheet.

The Chairperson clarified if the finding on non-submission of timesheets was that of the Internal Audit, and not the finding by the Auditor General.

Ms Matenche clarified that the discrepancy between the payment made and the policy was an issue that the Internal Audit had to report on. Internal Audit had sought a response from management on the deviation from the Commissioner Handbook policy and what was being done. This was a normal audit procedure that they would do. Management did not have an adequate reason for not following the policy in place, so it was deemed irregular expenditure. This would then be investigated to find the cause, if it was negligence or an intentional deviation from the policy. The Auditor General confirmed the irregular expenditure.

The Chairperson pointed out that during the Covid-19 period, the Commission decided that part-time commissioners be paid the maximum 100 hours. CGE put this to the Portfolio Committee and it received support. As a result, it is strange to see that this was found to be an audit finding when this decision was presented to Parliament. It is possible that CGE had failed to explain this to the auditors. She resolved to park this for a discussion with the Committee as it was becoming a back-and-forth matter.

Commissioner Mathebula clarified that there was this payment arrangement until December 2021 and to implement submission of timesheets from January 2022. As timesheets were not submitted in January, payments were not made. This was rectified in February, so part-time commissioners were paid for both months in February.

Internal Auditor’s Report for Quarter three 2021/2022
After consulting the Quarter 3 reports, these were the Internal Audit findings:
• Performance reporting and financial information were not integrated
• Performance targets were not being reported on
• Targets were not specific
• Targets and Actual performance were not aligned
• Performance information policy not reviewed.
These key findings were like those of Quarter 2 which showed that reviews were not being done.

Underspending remained an issue for the Commission as by 31 December 2021, it had an underspending rate of 19% of the cumulative R68,5m budget.

See presentation for more details.

Discussion
The Chairperson resolved to park discussion on the irregular expenditure for another meeting, so a full report can be obtained. The decision of the Commission plenary and a way forward will be shared during that meeting.

Ms F Masiko (ANC) reserved her questions for after CGE presentation.

The Chairperson noted that key positions were not being filled and this impacted service delivery.

Ms Jamela Robertson, CGE CEO, explained the recruitment process followed. The CFO post was advertised in April 2021. They managed to appoint a candidate to start on 1 December 2021. On 30 November, the candidate indicated that they would not be taking the position as they received a better offer. Accepting this position would be a pay cut as the candidate was earning a higher salary at their previous position. CGE decided not to extend the former CFO’s contract, so they approached an employment agency. Posts were advertised in December, and that is how the interim CFO was found. They prioritised filling the HR positions and are still in the process of reviewing CVs for the CFO permanent position.

The Chairperson queried the non-appointment of a Legal Head of Department.

Ms Robertson clarified that the position became vacant in December 2020 and was advertised per the instruction of plenary. They did not get suitable candidates and began head hunting in January 2021. They are reviewing CVs for this position. A controversial decision was made by CGE to readvertise this post. However, aborting the process would result in waste of resources, so the delay in appointment is due to this ongoing conflict. The process has not been concluded and aborting it would result in wasteful expenditure.

The Chairperson questioned the deployment of Commissioner Mathebula to the Eastern Cape. She questioned this as both Commissioners Deyi and Ntuli-Tloubatla are deployed there. She asked if this deployment was as a result of these positions not being filled.

Commissioner Mathebula clarified that provincial deployments were done every two years. She explained that Commissioner Ntuli-Tloubatla was removed from Eastern Cape to Mpumalanga for health reasons as this is where she is from. She backed up KZN province. Commissioner Deyi was then deployed with Commissioner Botha in the EC. Given that Mr Botha has been suspended, the Chairperson now backs up the EC and leads Limpopo as this was led by Mr Botha. The travel to EC was warranted for a symposium celebrating 25 years of democracy, and she was invited to give a keynote address.

The Chairperson asked about the backlog of cases and their targets were unmet. She wanted clarity on why the Legal HOD position had not been filled to date.

Commissioner Nthabiseng Sepanya-Mogale replied that the previous HOD submitted their resignation in November 2021. She pleaded with Commissioner Mathebula that this position be advertised promptly to find a suitable candidate in a timely manner. Her request was met with no action. She still fails to understand why this is the case as it was advertised over a year ago.

The Chairperson questioned their ethics by challenging them to reveal who they were reserving these executive positions for, given that they failed to employ suitable candidates even though these positions had been vacant for over two years. The reasons given were not genuine, and an investigation by the Committee would reveal the truth.

Commissioner Tloubatla-Ntuli corrected Ms Mathebula's statement as she believed that her health was being used as a scapegoat. She had alerted Commissioner Mathebula in confidence about certain medical procedures she would be undergoing, in case she would not be able to participate. To date, she had not missed any of her duties and had done her job diligently. Her privacy was not being respected as her health was exposed on a public platform against her will in an organisation that should be respecting her human rights as that is its core business.

Ms Masiko requested clarity on the process followed for the CFO appointment. She asked if the runner up candidates had been approached following the position being declined.

Ms Robertson replied that they approached the second candidate but could not appoint them due to lack of affordability.

Commissioner Mathebula requested to retract her statement about Commissioner Ntuli’s health.

Commissioner Sediko Rakolote clarified that the policy allows the interviewing panel to suggest the appointment of the runner up candidate. The panel gave confidential reasons for the second candidate not to be considered.

The Chairperson wondered if those reasons would result in litigation as the Portfolio Committee needs to know those reasons. Commissioners need to be accountable to Parliament. Were the shortlisted candidates meeting the requirements stipulated?

Commissioner Ohara Ngoma-Diseko echoed that they had two very good candidates for the CFO position. The third candidate did not have the required leadership experience to be a CFO but was rather considered for a financial manager position that was also vacant. The second candidate required a salary that CGE could not afford.

The Chairperson asked about the Human Resource department recruitment process and if these positions were advertised adequately to attract candidates with a suitable set of skills.

Commissioner Ngoma-Diseko replied that CGE faced a challenge in that its salary levels do not attract suitable candidates. She added that this was a discussion for another time, but the remuneration currently offered did not attract the type of candidates they needed.

The Chairperson suggested that the Commission fast-track discussions on this to ensure that it attract suitable candidates. It was a matter of urgency that should have been dealt with long ago and discussed at plenary. During the closed Committee meeting, CGE should come up with a tangible report on how it resolved this and the measures taken.

CGE 2021/22 Quarter 2 performance
Ms Robertson presented a summary of achievements from the implementation of the Annual Performance Plan, quarterly comparisons and APP targets.

See presentation for further information

Discussion
The Chairperson questioned the key purpose of the webinars as this was unclear. Did they result in the desired objective and how was this measured so the purpose of the webinars would be clear. The funds spent on these webinars needed to be justified through measurable results.

Ms Robertson explained that the webinars served as a space to follow up on recommendations. Others were to discuss topical issues. They were used to address feedback from engagements to fill in gaps identified during discussions with various departments. This involved historical findings as well as topical matters including the increase in teenage pregnancy.

Mr L Mphithi (DA) asked about the resurgence of human trafficking over the past few months. This involved the kidnapping of women and young children. He asked if CGE could share information around work it was doing to address this at both a national and international level. His second question was on some provinces not having any of their GBV cases picked up by CGE. This linked to case management within CGE as certain cases are not being picked up. Does CGE have a relationship with the Department of Police?

On HR, the vacancies need to be filled urgently as they impede on service delivery. He wondered if the vacancies were the cause of certain GBV cases not being picked up. He sought understanding around CGE capacity to fulfil its duties in the different provinces. He asked for outcomes from strategy sessions held by CGE around institutional culture and if they are working as a team.

The Chairperson followed up and requested that the CGE Chairperson provide a report on CGE team building in the closed Committee meeting.

Ms C Phiri (ANC) requested clarity on the CGE programme investigating forced sterilisation of women living with HIV. She asked if this programme was going forward this month as it is Human Rights month. The budget report shows underspending. She suggested that CGE makes use of funds allocated so that the need for the CGE budget is justified. On gender-based violence, she asked about planned programmes to raise awareness in communities.

Mr S Ngcobo (DA) asked about the implications of Commissioner Botha’s suspension on the work he was meant to be performing. He asked CGE to provide a report on this precautionary suspension. His second question was a request for the outcome from the high-level meeting held with the Departments of Health and Basic Education on sexual reproduction and health rights. He also asked for feedback on the collaboration with the University of KwaZulu-Natal (UKZN) and what they have done to take forward the Fatherhood Project in the current year.

The Chairperson requested that CGE address Commissioner Botha’s suspension in the closed Committee meeting.

Ms Masiko asked a follow-up question on filling senior management positions and if CGE could relook at the salary levels to ensure they attract the talent they need. She asked that CGE discuss this and report back to the Portfolio Committee.

Ms Masiko asked for a report on what had been done to expand the legal clinics to make information accessible to women. She voiced a concern about conflict between Commissioners and asked to discuss this during the closed meeting so that commissioners can work in harmony.

She noted the achievement of the various reports produced as noted in the CGE presentation. She asked if these reports had been tabled in Parliament as the Committee needs to consider them. She requested that emphasis be placed on the outcomes of the high-level meetings that were held, and not just mention the meetings. She asked for feedback on work done to address illegal initiation schools as these tend to increase during the December period.

Ms P Sonti (EFF) asked for the status quo on the Gender-based Violence and Femicide National Strategic Plan (GBVF-NSP) and if the budget included funds for implementation. Secondly, what practical interventions were conducted by CGE at municipal level, and which municipalities those were. Has CGE taken steps to engage with the criminal justice system in analysing the laws and how gender-based violence and femicide cases are handled by the courts. Has CGE made a comparative study on how the courts have been addressing GBVF? Lastly, what was being done about commissioners who were not doing their job in addressing societal issues as that is what they are paid to do?

Ms T Masondo (ANC) asked about CGE progress in implementing the recommendations in the 2021 Committee Report. She requested a list of its outstanding and current investigations. What was the timeframe for the implementation of outstanding items, and what was their action plan? What was CGE doing to address findings by the Audit and Risk Committee (ARC)?

Ms N Sharif (DA) asked when they could expect a report on the findings on the Thuthuzela Care Centres (TCC). It is unacceptable for reports to Parliament to take over a year to be sent. This report outlines the challenges faced by victims and survivors at SAPS stations and where TCCs can be improved with resources and capacity. The statistics were too high to be left just as statistics. They need the information so they can act on them. The statistics were alarming and women in the country are suffering but CGE has taken over a year to compile this crucial report that is necessary to implement changes that will make a difference in women’s lives. Reports need to be submitted more quickly so that the necessary changes can be implemented.

Ms Sharif noted that the Committee requested the Commissioners' Handbook and still has not received it. She requested feedback and an update on this so they can engage on this.
She added that webinars can be very exclusive as not everyone has access to these resources. Voices and experiences are lost by using measures to which not everyone has access. Given that we are on Lockdown Level 1, CGE needs to consider going back into communities to speak to women directly as the effect of webinars is not convincing.

Ms Sharif asked if CGE was aware of concerns that Census 2022 was exclusionary to the LGBTQI+ community. She had picked this up during her oversight. The gender question does not consider gender fluidity as only male and female options are offered. She requested that CGE look into this and provide timely feedback.

She raised the age limit in orphanages as women are expected to move out when they turn 18. She asked if CGE was monitoring this transition between leaving the system and looking at places that may upskill these young women to get them ready to become economically active. Moving into a shelter without this guidance did not help them become economically independent and make the best life that they could for themselves.

Ms M Hlengwa (IFP) asked about the target to create interventions to increase the participation of women, the youth and people with disabilities. She asked for details of these interventions as well as the specific tools used to measure its performance and achievements of these goals. The Committee was fed up with the excuses about the vacancies. The Committee should ask for empowerment to recruit for these posts. She asked in which provinces these posts were located. She also asked for specific performance indicators for the implementation of this.

The Chairperson suggested that during the Committee's oversight visit to Gauteng, it hold a closed physical Committee meeting with CGE as it would be participating in the week-long oversight. All matters left unaddressed will be discussed at that closed meeting. She asked for the Committee’s thoughts on this suggestion.

The Committee supported this as they would all be in Gauteng between 28 March and 2 April.

The Chairperson requested that CGE senior managers also attend. She requested that Commissioner Rakolote’s appeal about non-payment of the part-time commissioners be forwarded to the Committee so that its legal team could go over it in preparation for the closed meeting. The ARC findings would also need to be included as part of these documents.

Commissioner Rakolote agreed to this request.

The Chairperson said that Commissioners Ngoma-Diseko and Rakolote would need to provide a progress report at the closed meeting.

The Committee had recommended what needed to be done about CGE vacancies. Another concern was the reasoning for Legal HOD vacancy which is difficult to understand. She requested a thorough investigation by Dr Tembe of Parliament's Office on Institutions Supporting Democracy (OISD) on why this post had been vacant for so long and why CGE had not filled it.

The Chairperson said that the CGE Chair report that had been rejected would be part of the agenda at the closed meeting to assess the performance and attendance of Commission meetings by commissioners, as well as their work performance when deployed to different locations. Commissioners who are deployed are expected to give their own reports on the locations they have been deployed to, and not rely on the CGE Chair’s report to cover this. A feedback report on their team building and the progress made would need to be presented. Mr Ngcobo’s request to provide a report on Commissioner Botha’s suspension will also need to be submitted. She requested that all these reports be submitted before the closed meeting so all members can be ready to engage during the meeting.

CGE response
On the request for the CGE report on SAPS, Ms Robertson indicated that the SAPS work was started in April 2021 as part of the APP. They had set annual targets, divisible into quarterly targets. For those targets, CGE has managed to develop a bi-annual report on oversight done on SAPS as well as the Thuthuzela Care Centres (TCC). The report looks at 1 April 2021 to 30 September 2021. It is still a draft with information being added to it. CGE will reflect on this report once it is completed.

The annual report on CGE oversight of SAPS will be developed and presented to the Portfolio Committee, SAPS senior management as well as provincial SAPS officials. These findings will also be presented to the NPA. The annual report will be finalised by the end of this fourth quarter. The report is still a draft and it has not been taken through the various stages and procedures yet, which is why it has not been shared yet.

On the Commissioners' Handbook, it was indicated last year that the draft was being finalised. The Commission plenary resolution was that the handbook be subject to an external provider to do a final review to provide quality assurance. It is in that stage, and they are working closely with the service provider to finalise the review by the end of this fourth quarter. Feedback should be shared by 21 March, then eventually brought to plenary for approval and adaptation.

The requested reports for the closed plenary meeting will be provided.

Ms Robertson stated that the interim CFO would present Finance Reports. She formally introduced Ms Nelisiwe Mabaso who was appointed as the Interim CFO for CGE. The appointment was made after the desired candidate declined the position at the eleventh hour.

Financial Management Report Second and Third quarter 2021/2022
Ms Nelisiwe Mabaso, CGE Interim CFO, present a cumulative report of both quarters. It included:
• Overview of the CGE financial report.
• Overview of CGE management of income and expenses, transfers, cash and assets, as well as the state of its financial management systems – achievements and challenges.
• PPE costs as well as the impact of Covid-19 on operations
• Progress update on investigations underway
• Audit action plan.

Discussion
The Chairperson asked for clarity on the internal investigation on the Vox Telecommunications expenditure.

Ms Mabaso requested Commissioner Mathebula address this as it occurred three years ago.

The Chairperson asked to include it as part of the future closed meeting.

Due to time constraints, the Chairperson requested that the Commission respond to questions in writing so that follow up questions can be asked during the closed meeting. Ms Mabaso’s minutes would be tabled at the next meeting.

The Committee supported this request.

The Chairperson thanked members for attending the meeting. The next meeting date would be communicated. The meeting was adjourned.