Madam Deputy Speaker, hon Deputy President, hon members, I rise to present the Report of the Ad Hoc Committee on the Filling of Vacancies in the Commission for Gender Equality, CGE.
On 17 November 2011, the House took a resolution to establish an ad hoc committee to identify suitable candidates for the filling of vacancies in the Commission for Gender Equality. The committee consisted of 12 members made up as follows: 7 ANC members; 2 DA members; 1 Cope member; l IFP member and 1 member from the other parties. The committee was granted powers as contained in Rule 138 of the National Assembly Rules and was ordered to finalise its task and report to the House by no later than 21 February 2012.
The committee held its first meeting on 14 December 2011 and unanimously appointed me as its chairperson. The meeting was attended by all political parties except Cope, that had tendered an apology. The committee agreed to consider all 175 nominees submitted by the Minister of Women, Children and People with Disabilities and to short-list 13 candidates for interviews. However, owing to co-operation between the ANC and the opposition parties, the committee finally short-listed 15 candidates. In preparation for the short-listing meeting scheduled for 11 January 2012, it was agreed that the ANC should short-list 13 candidates and that all opposition parties should jointly short-list 13 candidates.
The meeting also agreed that the criteria for short-listing should consider the following important points: content sharpness; administrative skills; continuity; fresh ideas; vision and passion; academic qualifications; community orientation or activism; the financial skills necessary to oversee the secretariat; and knowledge of constitutional values.
A set of standard questions was developed and agreed to by the committee. Each member of the committee was allocated a set number of questions to ask during the interviews, which were scheduled for 25 and 26 January 2012.
On 11 January 2012 the committee reconvened and all parties were present except the ACDP, which had tendered its apology. However, only the ANC was ready with its short list of candidates. The meeting had to adjourn in order to allow the opposition parties time to consolidate their short list of candidates.
When the meeting later reconvened, and after much deliberation, it was agreed that l5 candidates be short-listed and interviewed. However, one candidate later withdrew and the committee interviewed 14 candidates.
Following the finalisation of the short-listing process and the release of the names of candidates, the committee received a letter from the current acting chairperson of the CGE, Dr Teboho Maitse, in which she questioned the omission of certain nominees from the short list and the inclusion of some.
In response to her allegations, the committee reiterated its commitment to the transparency, the credibility and the legitimacy of the process to nominate members of the commission in accordance with the Constitution and the Commission for Gender Equality Act. The committee also emphasised that it could not exclude any person nominated solely on the basis of allegations that had not yet been adjudicated upon by a competent tribunal.
The committee further received a set of proposed questions from some NGOs who had nominated certain candidates for appointment. The committee refused to consider these questions on the basis that candidates proposed by those NGOs would be unfairly advantaged compared to others.
The committee concluded interviews on 25 January and 26 January 2012. However, during the interviews, only the ANC and the DA participated as all other parties had apologised. After due consideration and after applying its mind, the committee recommended nine candidates as fit and proper persons to effectively and efficiently carry out the mandate of the commission.
The committee is therefore recommending that the House recommends to the President the appointment of the following persons as members of the CGE: Mr Mfanozelwe Shozi, Ms Lulama Nare, Ms Sylvia Desiree Stevens-Maziya, Ms Janine Hicks, Ms Ndileka Eumera Portia Loyilane, Mr Wallace Amos Mgoqi, Ms Nondumiso Maphazi Ranuga, Ms Thoko Mpumlwana, and Prof Amanda Gouws.
Allow me to present a brief profile of each candidate. Mr Mfanozelwe Shozi has a Masters Degree in Community Development and has worked for the CGE for almost nine years. His community involvement includes playing various roles in Adult Basic Education and Training, Abet, and in the co-ordination of development programmes in KwaZulu-Natal. In l998 he was elected as adult educator of the year in KwaZulu-Natal. Through his tireless work he was instrumental in ensuring that the community of Mary Grey got a mobile clinic from the Department of Health.
Ms Lulama Nare has a BA degree and vast experience in management, monitoring and evaluation, and capacity-building. She is involved with the National Economic Development and Labour Council, Nedlac, and the SA Democratic Teachers Union's Gender Unit and is a member of the Presidential Working Group on the global economic crisis. Her community involvement includes working with civil rights organisations to ensure access to essential services by needy communities.
Ms Sylvia Desiree Stevens-Maziya is a social worker by profession with a postgraduate diploma in Development Management and Administration. Currently, she is a community development worker in the National Department of Co-operative Governance. She is a former member of the United Democratic Front, a current member of the SA National Civic Organisation, Sanco, the ANC Women's League, the SACP and the National Education, Health and Allied Workers Union. She is currently an adviser of the body called "Children in Difficult Circumstances" and has been since 2009.
Ms Janine Hicks has an LLB degree and is a PhD candidate at the University of the Western Cape. She has been a commissioner at the CGE since 2007 and therefore provides continuity. She has published many journals and articles on women's issues. While serving as a commissioner at CGE, she initiated many projects in partnership with Cosatu and other government departments, such as the Department of Co-operative Governance and Traditional Affairs, the Department of Higher Education and Training, and the Presidency, all geared towards gender transformation in the public sector.
Ms Ndileka Eumera Portia Loyilane is a nominee of the Disabled People of South Africa. She has served on the commission for the past five years. She possesses a B.Com degree and is doing a B.Com honours degree. Regarded as the voice of the disabled, she has held several leadership positions, which include being the Chair of the Disabled Women's Development Programme. Currently, she is serving as the Deputy Chairperson of the SA Disability Development Trust. In 2001 she was appointed by the Eastern Cape MEC for Housing to chair the Housing Advisory Panel of the Department of Housing, Local Government and Traditional Affairs.
Mr Wallace Amos Mgoqi is a human rights lawyer and a recipient of the Duma Nokwe Award for Human Rights. He possesses three doctoral degrees from different universities. He has presented various papers on human rights, both nationally and internationally. He has been instrumental in the establishment of the Community Development Trust for the Sokhulu, Mbonombi and Dube communities. Recently he was appointed to conduct an inquiry into the concerns and grievances of students and staff at the Walter Sisulu University.
Ms Nondumiso Maphazi Ranuga is currently studying towards a doctorate in Public Administration with a special focus on good governance. She is currently a special adviser to the premier of the Eastern Cape and was previously the executive mayor of the Nelson Mandela Metropolitan Municipality and a Member of Parliament.
Ms Thoko Mpumlwana is a teacher by profession, with a Masters degree, and has a community service record of more than 30 years. Until recently she served the country as deputy chairperson of the Electoral Commission of South Africa. In the international arena she has served as the chair of the World Council of Churches Women's Committee. Whilst working for the Centre for Scientific Development at the Human Sciences Research Council, she focused on gender equality matters. Currently, she is the chair of the Film and Publication Board.
Prof Amanda Gouws possesses a PhD in Political Science and has received many awards. She is the founder member of the Human Rights Mainstreaming Unit at the University of Stellenbosch and of many other women's movements. Prof Gouws has written many articles and books on gender-related matters. She has delivered papers around women's issues, both nationally and internationally.
Madam Deputy Speaker, I would like to thank the ANC's study group and the hon Robinson of the DA for their commitment to the mandate given to them by Parliament. They served the committee with dedication and displayed respect for each other's views. I would also like to thank all members who served on the ad hoc committee. They demonstrated a keen interest in selecting the most capable candidates to serve on the CGE. It was a pleasure to chair a committee that could look at issues with such a broad perspective. I thank you. [Applause.]
Madam Deputy Speaker, the Commission for Gender Equality, one of our Chapter 9 institutions, was established to bolster our fledgling democracy and uphold the values enshrined in the Constitution. Its main function is to advance the development, protection and attainment of gender equality and promote respect for the institution.
Amongst other things, it has the power to monitor, investigate, subpoena, research, educate and advocate throughout the country, in urban and deep rural areas. This is a major challenge owing to the great distances to be covered, the fact that the commissioners are not situated in all the provinces and that not all language groups are represented.
In a country like ours, which still suffers a massive burden in respect of patriarchal attitudes, bias and prejudice, it is important that gender transformation takes place to enable every citizen to enjoy equal rights, whether young, old, widowed, married or single. It is vital that the commission is efficient and effective and that it is respected by all citizens so that the abuse of human rights, particularly gender and domestic violence, can be eradicated.
It is unfortunate that the CGE has been in the news over the past few years owing to its underperformance and mismanagement, both administrative and financial. However, after the forensic investigation was completed and its turnaround strategy was adopted, it has shown an improvement in its management and performance. Yet many NGOs, which play a vital role in assisting victims of abuse and injustice, believe that the CGE has still not fulfilled its mandate of monitoring legislation and checking on its accountability adequately.
Therefore, it is crucial that the new commissioners are people with extensive knowledge of gender issues and experience as gender activists - people who can advocate issues with conviction and credibility. It is important that the commissioners understand the intersections of gender, HIV/Aids, poverty and disability and that they understand and advance lesbian, gay, bisexual, transgender and intersex, or LGBTI, rights.
The commissioners need to be people who have the courage of their convictions to challenge religious and cultural practices that undermine gender equality. It is vital that they are people of integrity who have the ability to hold government and other institutions of power and influence to account, including civil society.
Sadly, some of the candidates who qualified in every respect and had extensive experience of gender matters did not reach the final list. The DA cannot support the nomination of the controversial Mr Wallace Mgoqi, who first served as a land commissioner before assuming office as a municipal manager. Subsequent to his departure from that office, he was a candidate for the Human Rights Commission. He then made himself available as a gender commissioner, despite the fact that he has no real track record in the field of gender activism or advocacy. One cannot but wonder whether he was simply trying to acquire more caps or whether he is truly dedicated to the task at hand - that of bringing about gender equality. It seems he has friends in high places.
It is to be recommended that once the overhaul of the Chapter 9 institutions has taken place, as advocated by the late Prof Kader Asmal, the statutory requirements regarding the composition of the selection panel will be changed so that there will be less political influence in the choice of commissioners. Those who serve on the selection panel for the CGE should not only be politicians, but experts in gender studies and practice.
It is unfortunate that the DA was the only opposition party that participated fully in the selection process. Perhaps if there had been representation from other opposition parties, we could have presented a united front to ensure that fitness for purpose was the main criterion for selection.
In order to have a well-functioning democratic institution such as the CGE, which is there to protect our constitutional rights, it is important that there should be full participation by all parties. This is so that we are not put in a position in which the ruling party completely dominates the selection process. Ndiyabulela, Somlomo. [Thank you, Speaker.] [Applause.]
Madam Deputy Speaker, hon Deputy President, hon members, even though Cope, owing to unforeseen circumstances, missed some of the interviews, it agrees with the methodology that was followed to reach the recommended list of candidates. So, we are not questioning the procedure.
However, with regard to the Commission for Gender Equality itself, we would like to point out the following: It is a good thing for the Department of Women, Children and People with Disabilities to interact with the Commission for Gender Equality. The questions that the department needs to answer are: How often does this interaction occur? To what extent does the CGE participate in national gender programmes and initiatives? With regard to the recent spate of violent attacks on women because of what they chose to wear, what is the CGE's response? This we ask because we saw the Minister and her entourage carrying out this campaign.
What are the interventions of the CGE in the escalation of hatred for gays and lesbians? What about employment opportunities for women? What has the CGE got to say? Women want the CGE to be clearly visible in all factors that affect their lives.
Cope agrees, however, that strides have been made to address inequalities as far as education is concerned. Yet, even though there are more women enrolled in higher education than men, few women graduate in science, engineering and technology. The skills gap between women and men and between rural and urban women are still huge. The masculine culture is perpetrating inequalities. How many teachers in the foundation phase are men? The majority of women are unemployed. Inequalities in the remuneration between sexes are conspicuous. Women in the same category as men are still paid less than men for equal input and output.
These are some of the challenges the new commissioners will be confronted with. We hope that they will be able to address them and that the CGE is going to be more visible than we have observed lately. However, we support the appointment of the new commissioners. I thank you. [Applause.]
Madam Deputy Speaker, the IFP supports the recommendations of the committee tasked with the appointment of new commissioners to the Commission for Gender Equality. As one of our Chapter 9 institutions, it has a most solemn and sacred responsibility to the people of South Africa for the diligent and due performance of its constitutionally mandated tasks.
Its successes or failures in this regard fall largely under the care and direction of its commissioners as it is these commissioners that will ultimately be held responsible and accountable. The commission requires competent and skilled members who are capable of both encapsulating and implementing its vision and mandate without fear, favour or prejudice.
To the new commissioners, the country has placed its faith and trust in you. You are now the guardians of an institution mandated to play a significant role in the strengthening of our constitutional democracy. Do not take this task lightly. The IFP wishes the new commissioners all the very best with their appointments. I thank you. [Applause.]
Madam Deputy Speaker, the ACDP congratulates the candidates who were recommended for appointment to the Commission on Gender Equality and wishes all of them every success. When I communicated with people whose work centred on issues of gender equality, I got the following responses: "My impression of the CGE," they said, "is that it is very much a lame duck. If the commission is doing good work, it manages to keep it pretty secret." "Yes, it probably confronts funding constraints, but so do we all. That is not an excuse; it is a challenge that needs to be risen above by dynamic, innovative leadership and team building."
There was acknowledgement that some recommended candidates were very highly regarded in academic circles, while others were met with reservations about appointing commissioners who had no track record in gender activism. Those who have no gender background but offered expertise in organisation or team building and strategic thinking, they conceded, needed to be guided by those who better understood the issues. Stakeholders will be watching the process unfold with interest.
People are particularly interested in the vision of these recommended candidates and how they understand the CGE's mandate; how they envisage raising its public profile; which key issues they will work on; which campaigns could be developed; and which constituencies they will work with - all questions covered during interviews by Members of Parliament with the candidates.
Perhaps the commission should consider publishing this information in an effort to lift the CGE profile and engage with the public. Up until now, public engagement has been so low-profile as to be effectively nonexistent. Gender inequalities are not simply about women's equality with men. According to United Nations estimates, if gender inequalities in the labour market, for example, were eliminated, women's wages would rise by 50% and gross domestic product by 5%. Everyone would benefit, not just women.
The extent to which a new commission sees gender equity as a zero-sum game is critical. If it is perceived as benefits for women and losses for men, instead of a win-win situation in which both men and women stand to benefit, success will be limited. The ACDP is in support of this. Thank you.
We in the UCDP accept the names of those recommended. We take into account that the retention of some members is meant for continuity and avoiding throwing the baby out with the bath water, because there is institutional memory to uphold, rather than starting over from scratch. We hope government officials will assist the commission to live up to addressing the concern the President raised in the state of the nation address - that women need to be supported. The UCDP supports the nominated members for the commission. Thank you. [Applause.]
Madam Deputy Speaker, hon Deputy President, hon members, Azapo has nothing against any of the persons on the list. We have reason to believe that the hon members who sat to select from the original list applied their minds properly.
We saw the list from which the final list was drawn and we can only express disappointment that a gender activist of note did not make it onto the final list. We are referring here to Mr Mbuyiseli Botha, a tireless fighter for gender equality in our country. It was through him and the Sonke Gender Justice Network that a certain wayward youth leader was fined R50 000 by the Equality Court. The Commission on Gender Equality will be poorer without him.
Having said that, Azapo supports the recommendation of the ad hoc committee. We thank you. [Applause.]
Madam Deputy Speaker, hon Deputy President, hon members, it is sad but not unexpected that the DA comes to the podium to cast aspersions on the character of a commissioner based on their political assumptions. It must be noted that the ad hoc committee was unanimous in agreeing on the names to be put forward to the House, and the DA was part of that ad hoc committee at the time.
Madam, I rise on a point of order. The DA member did raise the objection in the committee, so the member is misleading the House by saying that it was unanimously accepted. [Interjections.]
Thank you. Continue, hon member.
Thank you very much, Madam Deputy Speaker. It has been stated that the Commission for Gender Equality is one of the most crucial institutional elements of our constitutional democracy. Its important role in our society is evidenced by the status accorded it by our Constitution. Chapter 9, section 187 of the Constitution of the Republic defines its mandate in that the commission "must promote respect for gender equality and the protection, development and attainment of gender equality". The CGE is empowered by the Constitution to monitor, investigate, research, educate, lobby, advise and report on issues concerning gender equality.
In addition, the Commission on Gender Equality Act, Act 39 of 1996, gives further power to the CGE to transform society through state intervention. Amongst these legislative powers are the monitoring and evaluation of policies and practices of organs of state, strategic bodies and public bodies, as well as the private sector; evaluating any piece of legislation to ensure its consistency with the Constitution and a culture of human rights; and recommending new legislation to promote gender equality and the status of women.
Both the constitutional stipulations, as well as those contained in the Act, constitute an acknowledgement of the reality of the continued persistence of social inequalities within our young democratic dispensation. It bears testimony to the fact that though democracy has been obtained, our goal for a nonsexist society in which there is gender equality is still some way off. The CGE is therefore a critical mechanism for social transformation. A well-managed and optimally functioning CGE is an integral component of transformation towards the achievement of gender equality. Given the enormous importance, tasks and obligations that the CGE is expected to perform in terms of the Constitution and the CGE Act, it is imperative that Parliament give priority to ensuring that its capacity is strengthened. The debate on the appointment of its commissioners is therefore welcome and opportune for today. The ANC, which as a party is based on the principles of equality, nonsexism, nonracism and democratic values, stands for the eradication of patriarchy in our society, the liberation of women, the eradication of the triple oppression of black women, the working class and especially African women. By establishing a developmental state, the ANC seeks active state intervention in promoting gender equality throughout society. Through state intervention, it seeks to enforce current laws and policies that address inequalities, educate society on gender issues and inculcate progressive values into society to address gender challenges.
Given these fundamental principles and values, the ANC has supported the establishment of the CGE and will relentlessly continue to support the work of the commission. Our commitment to social transformation makes us determined to ensure that the CGE is strengthened. We believe that as long as we have an unequal society, we will need a strong, progressive and transformational CGE. We believe that any institution is as good as its people. Therefore the recommendation of the commissioners today by Parliament is crucial for the building of capacity within the CGE to perform its constitutional tasks.
The quality of the proposed commissioners will significantly assist in addressing the historical challenges that the organisation has faced in the past. We believe that from now on the CGE will go from strength to strength. The ANC supports the appointment of the proposed commissioners. I thank you. [Applause.]
Debate concluded.
Question put: That the House approves the nominations of Mr M Shozi, Ms L Nare, Ms S D Stevens-Maziya, Ms J Hicks, Ms N E P Loyilane, Mr W A Mgoqi, Ms N M Ranuga, Ms T Mpumlwana and Prof A Gouws to serve on the Commission for Gender Equality.
AYES - 256: Abram, S; Adams, L H; Adams, P E; Bhanga, B M; Bhengu, F; Bhengu, N R; Bhengu, P; Bikani, F C; Boinamo, G G; Borman, G M; Boshigo, D F; Botha, Y R; Bothman, S G; Buthelezi, M G; Carrim, Y I; Cebekhulu, R N; Cele, M A ; Chabane, O C; Chikunga, L S; Coetzee, T W; Coleman, E M; Cronin, J P; Dambuza, B N; Daniels, P N; De Freitas, M S F; Diale, L N; Dikgacwi, M M; Dikobo, K J; Ditshetelo, I C; Dlakude, D E; Dlamini, B O; Dlamini-Zuma, N C; Dlulane , B N; Dreyer, A M; Du Toit, N D; Dubazana, Z S; Dube, M C; Dudley, C; Duncan, P C; Dunjwa , M L; Eloff, E H; Farrow, S B; Fihla, N B; Frolick, C T; Fubbs, J L; Gaehler, L B; Gasebonwe, T M A; Gaum, A H; Gcwabaza, N E; Gelderblom, J P; George, D T; Gina, N; Gololo , C L; Gona, M F; Goqwana, M B; Gumede, D M; Hajaig, F; Holomisa, S P; Huang, S-B; Jacobus, L; James, W G; Jeffery, J H; Johnson, M; Kalyan, S V; Kekane, C D; Kenye, T E; Kganare , D A; Khunou, N P; Kilian , J D; Koornhof, G W; Koornhof, N J; Kopane, S P; Kubayi, M T; Lamoela, H; Landers, L T; Lebenya- Ntanzi, S P; Lekota, M G P; Lesoma, R M M; Line-Hendriks, H; Lishivha, T E; Lorimer, J R B; Lotriet, A; Lucas , E J; Maake, J J; Mabedla, N R; Mabuza, M C; Madlala, N M; Madlopha, C Q; Magagula, V V; Magama, H T; Magau, K R; Magubane, E; Makasi, X C; Makhuba, H N; Makhubela-Mashele, L S; Makhubele, Z S; Malale, M I; Malgas, H H; Maluleka, H P; Maluleke, J M; Manganye, J; Mangena, M S; Mapisa-Nqakula, N N; Martins, B A D; Mashatile, P; Mashigo, R M; Mashishi, A C; Masilo, J M; Masutha, T M; Mathebe, P M; Mathibela, N F; Matlanyane, H F; Matshoba, J M; Maunye, M M; Mavunda, D W; Max, L; Mayatula, S M; Mazibuko, L D; Mbili, M E; Mdakane, M R; Mfundisi, I S; Michael , N W A; Mjobo, L N; Mkhize, H B; Mkhulusi, N N P; Mlambo, E M; Mmusi, S G; Mncwango, M A; Mnisi, N A; Mnqasela, M; Mocumi, P A; Mohale, M C; Mohorosi, M M; Mokgalapa, S; Mokoena, A D; Molebatsi, M A; Moloi-Moropa, J C; Moloto, K A; Moni, C M; More, E; Morutoa, M R; Moss, L N; Motau, S C; Motlanthe, K P; Motsepe, R M; Motshekga, M S; Mphahlele, L M; Mpontshane, A M; Msimang, C T; Msweli, H S; Mthethwa, E M; Mtshali, E; Mubu, K S; Mufamadi, T A; Mushwana, F F; Nchabeleng, M E; Ndabandaba, L B G; Ndabeni, S T; Ndlanzi, A Z; Nelson, W J; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngele, N J; Ngonyama, L S; Ngwenya, W; Ngwenya- Mabila, P C; Nhanha, M A; Nhlengethwa , D G; Njikelana, S J; Njobe, M A A; Nkwinti, G E; November, N T; Ntapane, S Z; Ntuli, B M; Ntuli, Z C; Nxesi, T W; Nxumalo, M D ; Nyalungu, R E; Nyekemba, E; Nzimande, B E; Oliphant, M N; Ollis, I M; Pandor, G N M; Paulse, S; Petersen-Maduna, P; Phaliso, M N; Pilane-Majake, M C C; Pilusa-Mosoane, M E; Rabie, P J; Rabotapi, M W; Radebe, B A; Ramodibe, D M; Robinson, D; Ross, D; Sayedali Shah, M R; Schmidt, H C; Schneemann, G D; Segale-Diswai, M J; Selau, G J; Selfe , J; September, C C; Shabangu, S; Sibanyoni, J B; Sibiya, D; Sindane, G S; Singh, N; Sithole, K P; Sithole, S C N; Sizani, P S; Skosana, J J; Skosana, M B; Smalle, J; Smith, V G; Smuts, M; Snell, G T; Sogoni, E M; Sonto, M R; Sosibo, J E; Sotyu, M M; Stubbe, D; Sulliman, E M; Surty, M E; Swart, M; Swathe, M M; Thabethe, E; Thibedi, J D; Thobejane, S G; Tlake, M F; Tobias, T V; Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshabalala, J; Tshwete, P; Tsotetsi, D R; Turok, B; Twala, N M; Van Dalen, P; Van den Berg, N J; Van der Merwe, S C; Van Rooyen, D D; Van Schalkwyk, H C; Van Wyk, A; Waters, M; Watson, A; Wenger, M; Williams, A J; Williams-De Bruyn, S T; Xaba, P P; Ximbi, D L; Xingwana, L M; Yengeni, L E; Zikalala, C N Z; Zulu, B Z.
Question agreed to.
Nominations accordingly agreed to in accordance with section 193(5)(b)(ii) of the Constitution.