Hon Minister, would you please wrap up?
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: Yes, I
would like to close with the children and remind you of what former President Mandela said: Our children are the rock on which our future will be built, our greatest asset as a nation. They will be the leaders of our country, the creators of our national wealth, those who care for and protect our people.
Therefore, as a nation, we must invest more in our children.
Ndifuna ukuthi ke kulo nyaka uphelileyo besigida, sibhiyozela i ... [I therefore want to say that last year we were celebrating the ...]
... International Day of Persons with Disabilities ...
... noMongameli uJacob Zuma phaya eMpumalanga apho abantu abakhubazekileyo bazichaze ngokwabo iingxaki nemingeni abadibana nayo kuMongameli nakubaPhathiswa ababelapho.
Ndifuna ukuthi ke nalapha xa sijonga le minyaka ingama-20 yenkululeko, nabantu abakhubazekileyo nabo baye bakhululwa ngumbutho wesizwe i-ANC. Namhlanje sinamaLungu ePalamente akhubazekileyo ali- 16 ngenxa yombutho kakhongolose. Sina - ... (Translation of isiXhosa paragraphs follows.)
[... with President Jacob Zuma in Mpumalanga where people with disabilities reported to the President and the Ministers who were present on the problems and challenges they are facing. I want to say even here as we reflect on the 20 years of democracy, that the ANC, as the ruling party, has also liberated people with disabilities. Today, because the government is led by the ANC, we have 16 members of Parliament who are disabled. We have ...]
... 96 public representatives all over the country.
Ngumsebenzi we-ANC ke lowo. Ndifuna ukuthi sisenengxaki okwangoku asikafiki kwesa sibini ekhulwini kodwa sizimisele noMphathiswa weeNkonzo zikaRhulumente noLawulo ukuba sifake lo mqathango wesi sibini ekhulwini kwizivumelwano zohanjiso lweenkonzo nentsebenzo zabalawuli jikelele. Ndiyavuya ukuchaza ukuba ... (Translation of isiXhosa paragraph follows.)
[That is all the ANC's doing. I want to say that we still have a challenge for now because we have not yet reached that 2% that was proposed but the Minister for the Public Service and Administration and I are committed to including this 2% condition in the service delivery agreements and the general performance of the managers. I am happy to report that ...]
... my department is the best-performing department in this regard
... ... kuba ngoku sifikelele kwi-5,55% sabantu abakhubazekileyo abasebenza kwela sebe. Ngokubhekiselele kumakhosikazi asebenza kwela sebe, sifikelele kuma-60 ekhulwini.
Ndifuna ukubulela bonke ababambisene nathi, ngakumbi ikomiti ekhethekileyo, naBaphathiswa, iiNkulumbuso kunye naBapPhathiswa bamaphondo, oosodolophu kunye noorhulumente basekhaya. Ndifuna ukuthi, ngaphandle kwentsebenziswano nawo onke la masebe, konke esikwenzileyo bekungayi kuphumelela. Siyabulela kakhulu. Malibongwe! [Kwaqhwatywa.] (Translation of isiXhosa paragraph follows.)
[... because we now have reached the target of 5,55% of people with disabilities working in that department. We have reached a target of 60% of women who are working in that department.
I want to thank all those who co-operated with us, especially the select committee, Ministers, premiers and MECs, mayors and local governments. I want to say that without the co-operation of all these departments, we would not have succeeded in everything that we wanted to achieve. We thank you very much. Praise! [Applause.]]
Hon Chairperson, hon Minister, hon members, ladies and gentlemen, the ANC's 1992 policy document titled Ready to Govern gives a clear expression of the ANC's vision and political aspiration on matters that have to do with the equality of life of all people, regardless of race, gender, sexual orientation or disability challenges. Therefore, the ANC says:
Gender discrimination has either excluded or subordinated women's participation in all socioeconomic and political institutions. Combined with apartheid, this has resulted in African women being the most exploited and poverty-stricken section of the South African population.
We want a country that is unified, open, nonracial, nonsexist, democratic and free. We must abolish all forms of discrimination, domination, privilege or abuse. We must ensure that the basic rights and freedoms of all are respected.
The goal of the 1994 Reconstruction and Development Programme was to build on this theme of the equality of people. Thus, under the programme of democratising the state and society and developing human resources, emphasis was put on undermining the colonial and apartheid legacies of gender inequality in favour of a nonsexist society, among other defining traits.
This historic inspiration of gender equality was to be affirmed when it was enshrined in the Constitution of the Republic of South Africa in 1996 as what is now widely celebrated as the equality clause, section 9(2) of the Constitution. Admittedly, this aspiration has not been fully realised because women still suffer significantly from the institutional legacies of apartheid, as well as from current patriarchal behaviour and attitudes.
It is equally true to say that a lot has been achieved under the ANC government. Under the ANC-led government a lot has been done to improve the conditions of women and to promote gender equality and women empowerment. The ANC government has enacted legislation that seeks to achieve the above. The Domestic Violence Act of 1998 represents a major achievement in the struggle against gender-based violence. This Act provides for the arrest of the perpetrator without a warrant of arrest and it provides for the issuing of an enforceable protection order for the victim of abuse.
Under the ANC government customary marriages have been given full recognition by the Recognition of Customary Marriages Act of 1998. Under the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000, the implications for those women who had been in customary unions but were discriminated against in civil marriages are huge.
The Criminal Law (Sexual Offences and Related Matters) Amendment Act and the recently gazetted Women Empowerment and Gender Equality Bill, which is currently being processed by Parliament, are two other critical pieces of legislation that promote the cause of gender equality and combat gender- based violence. In addition to the above, the National Council Against Gender-Based Violence was established to help protect women. The council has been charged with the following responsibilities: to drive the implementation of the 365 Days National Action Plan and advise government on policy and intervention programmes; to create and strengthen international partnerships on gender-based violence; and to monitor and report on progress made with regard to initiatives aimed at addressing gender-based violence.
The ANC understands that it is not enough to create legislation and hope that the problems will disappear. The ANC believes that the people are their own liberators. It is the people in the various communities who must rise, organise themselves and claim back their livelihood. They must claim back their streets and all other spaces, including their homes, from those who imprison women through gender- based violence.
In fact, the ANC understands that the problem of patriarchy requires a comprehensive, all-round and sustainable strategy that will bring all sections of society together. In its 2007 Strategy and Tactics document, the ANC characterised the problem of patriarchy as above precisely because patriarchal oppression was embedded in the economic, social, religious, cultural, family and other relations in all communities and therefore its eradication cannot be an assumed consequence of democracy. All manifestations of patriarchy, from the feminisation of poverty and of physical and psychological abuse, resulting in the undermining of self-confidence, to open and hidden forms of exclusion from positions of authority and power, need to be eliminated.
When this happens, the ANC's cherished vision will be realised. The vision was stated in the 1992 policy document Ready to Govern, when the ANC said:
Women should be able to walk in the streets freely without fear of assault and should be able to feel safe and free from violence in their own homes.
Under the ANC-led government, South Africa is launching the National Council Against Gender-Based Violence to review the existing National Action Plan and to strategise on delivery. While the government appears to be committed to addressing gender-based violence, social tolerance of the problem, low prosecution rates and continued cultural practices that are harmful to women inhibit the effectiveness of all these initiatives.
The ANC believes that together we can do more. That is why we call on society to work in partnership and collaboration in order to eliminate the manifestations of gender inequality, including the scourge of gender-based violence. In the Public Service, women make up only 34% of senior managers, 30% of the judiciary and 36% of ambassadors. In state-owned companies, 35% of director positions and 31% of executive manager positions are held by women.
New programmes, such as the Land Redistribution for Agricultural Development programme and the Comprehensive Agricultural Support Programme, are meant to increase women's access to land by establishing a quota for female-headed households and encouraging women-only projects. The Minister spoke extensively on this issue when she made reference to the moringa tree. I am pleased to mention that in this House we have an ambassador for moringa, Mrs Madikgale. All of us, or 90% of us, have tasted moringa because of Mrs Madikgale's strong belief in this medicine. [Laughter.]
The ANC government has responded to the protection of children in this country in various ways. In terms of a legislative framework, the Constitution, Act 108 of 1996, has a specific part that deals with the socioeconomic rights of children. The ANC believes that children should be allowed to be children. They should be allowed to be at school during school hours. They should be given the necessary support and opportunity to grow and develop holistically through playing, among other means of development. They should not be drawn into labour at a fragile age.
The ANC reiterates its condemnation of the abusive child labour practices perpetrated on farms, among other places of employment. We call on the government to ensure that perpetrators who breach the provisions of the Basic Conditions of Employment Act are brought to book to face the full might of the law. We call on society to reinstate the traditional African principle of communal parenthood, which says, -Your child is my child; let the whole village raise all the children.|
Research indicates that the incidence of abuse of people with disabilities, particularly women, is a problem of epidemic proportions. Compared to nondisabled women, women with disabilities experience violence at a higher rate and more frequently; are at a significantly higher risk of violence; have considerably fewer pathways to safety; experience violence that is more diverse in nature; and experience violence at the hands of a greater number of perpetrators.
In conclusion, the words of the late former president of Mozambique, Comrade President Samora Machel, come to mind. He said:
The liberation of women is not an act of charity. It is not the result of a humanitarian or compassionate position. It is a fundamental necessity for the revolution, a guarantee of its continuity, and a condition for its success.
It is against this background that the ANC endorses the call by the United Nations that violence against women must be addressed in the context of seeking to end all forms of discrimination, to advance gender equality and the empowerment of women and to create a society in which all women enjoy their human rights. The ANC supports the Budget Vote. Malibongwe! [Praise!] [Applause.]
House Chairperson, Deputy Chairperson, Acting Chief Whip, Minister Lulu Xingwana, hon members, ladies and gentlemen, Director-General Baduza and the support staff from the department, women and child abuse continues to be a blemish on the human rights culture enshrined in the Bill of Rights that we adopted, and on our proud history of fighting for the rights of both women and children.
Undoubtedly, as a country we have set the tone on the global stage as far as human rights are concerned. Several developing democracies are looking towards South Africa for guidance with regard to the development of their constitutions, because our Constitution is widely considered to be the most progressive Constitution in the world today.
As a nation that has been struggling and fighting for human rights as a fundamental right for so many years, we have succeeded in that struggle to a great extent. However, we are still confronted with a considerable challenge when it comes to protecting the rights of our women and children in the face of those who have taken it on themselves to trample on the rights of women and children in our communities. Women and child abuse is a human rights violation of the grossest nature, because it deprives our children and women, the builders of a future and a nation, of the fundamental right to live a free and safe life.
We have to and, indeed, we are confronting this scourge from all sectors of our society. Abuse is a harmful act forced on a more vulnerable person by someone who has the power to dominate. Abuse disrespects fundamental human rights, feelings and needs, as well as basic mental and physical safety. It is something we cannot tolerate - that those who feel they are more powerful should make others feel less safe and vulnerable.
We have defeated the horrendous system of apartheid, which made many of us vulnerable and put us under constant siege. In this day and age, after such a protracted battle against oppression, we cannot tolerate the oppression of our grandmothers, mothers and sisters, as well as our children, and allow it to continue unabated.
It is difficult to get reliable statistics on violence against women and children in South Africa. Although the number of reported cases is very high, many cases go unreported.
Many women are still unaware of their rights when reporting abuse. Even informed women traumatised by an assault are unlikely to be assertive and insist on their rights. Many women are afraid of further violence from the perpetrator should they contemplate legal action. This is compounded further by the introduction of the new Domestic Violence Act, which a lot of women have not yet grasped.
The challenge exists for the Act, including the regulations, to be made into an accessible form of legislation for the benefit and protection of women in all areas of their lives. The effective implementation of the Act also needs to be ensured, for example in the form of effective legal preventive measures like protection orders and police escorts for abused women.
The gender-based nature of domestic violence has unfortunately also seen an increase in the number of women being murdered by their intimate male partners. The lack of statistical information on this form of killing makes it very hard to measure the extent of the scourge but newspaper reports on this issue leave little to one's imagination. These killings demonstrate the culture of male violence against women and the sexism that still pervades our society.
Women have fought and succeeded in getting many basic rights, yet in the private sphere of their homes the inequality between men and women is still a battleground.
The Institute for Security Studies did a research project in 1999 and found that 90% of the women interviewed had experienced emotional abuse. Being humiliated in front of others was reported most commonly. Also, 90% expressed an experience of physical abuse - being pushed, shoved, slapped or hit were highlighted. Another 71% had experienced sexual abuse: attempts to kiss or touch, followed by forced sexual intercourse, often occurred. In addition, 58% experienced economic abuse - money taken without consent was the most common - while 42,5% of women had experienced all these forms of abuse.
Every South African has an important role to play in rooting out the scourge of gender-based violence. Violence against women and children is a complex issue. Government has enacted various pieces of legislation to provide protection for women and children.
There is a strong need to focus on what is required to educate the girl- child of her responsibilities to protect herself. Government's commitment to preventing violence against women and children, holding perpetrators accountable for their actions and ensuring that women and children who experience violence receive support is now the focus of this government and the challenges that we, as a country, are facing.
Government is also creating awareness by hosting the annual 16 Days of Activism for No Violence against Women and Children as an international campaign. Although the global campaign focuses on violence against women only, South Africa should be commended for adding children to its campaign because of the high incidence of child abuse in the country. Through our various government programmes we will continue to intervene to stem the tide of women and child abuse. It will take practical and intensive programmes on our part to ensure that women and children feel safe in the land of their birth. We cannot be held to ransom by abusers and molesters.
As part of the many practical steps we are taking to curb the scourge of violence against women and children, we are establishing a -fusion centre| in the Free State. This emanates from the resolutions we took as a province during our provincial crime prevention summit, held on 11 and 12 April 2013 at the Philip Saunders resort near Bloemfontein. The thrust of this provincial crime prevention summit was to ensure that we develop a provincial crime prevention strategy, which will serve as a blueprint for all crime prevention programmes and initiatives based on the National Development Plan.
As a province, we are mindful that domestic violence among the poor majority of our people resonates to some extent with the rampant effects of unemployment, poverty and inequality. Hence we are attempting to ensure that we widen access to economic opportunities for women in particular and our people in general.
As far as children are concerned, we pride ourselves on the proper functioning of drop-in centres for children of schoolgoing age to be assisted with school and homework in instances where children come from broken families. We are constantly implementing a system of care that ensures that our children access social grants to ensure that we mitigate the effects of poverty and the extent to which they may be forced out of school. We also implement a school uniform programme to ensure that we bring dignity to children who come from less fortunate families.
Our school sports programme ensures that our children are exposed to the possible excavation of talent that may widen their social horizons and benefits. The talent of many young lads is easily spotted through their excellence in various school sports. As the Free State government, we have ensured that there are sports committees in the urban and rural nodes of our province to ensure equal access to sporting development. These committees are supported by enabled access to multipurpose sporting facilities. The benefit of this is that it is highly probable that these young minds may be shifted away from the egocentric tendencies of focusing on violence- moulding activities born in inactive minds and bodies.
These sets of interventions are reactive, an attempt to mitigate the effects of the scourge of domestic violence. The biggest challenge is dealing with the psychology of violence, especially gendered forms of violence. That is why it is important for us to look into probable causes and seek to deal with them, such as the effects of unemployment on the emotional stability and viability of our system of family, the effects of social inequality and the increasing rate of unemployment.
The emphasis should be on creating sustainable partnerships to ensure that opportunities are created for South Africans, and that our social protection policy is cushioned from the negative effects of potential economic upheaval. Ke a leboaha. [I thank you.] [Applause.]
Hon Chairperson, Ministers, Deputy Ministers, members of Salga, members and MECs present, we gather here today at a time when people all over the world are speaking in one voice, wishing former President Nelson Mandela a speedy recovery from his recurring lung infection. Comrade Madiba is a pillar of strength and a source of inspiration for the ANC, South Africans and people around the world. We wish him a speedy recovery.
We also send a revolutionary birthday greeting to the 11th president of our national liberation movement, Comrade Thabo Mbeki, who turns 71 today. [Applause.] The ANC is proud of the contribution Comrades Mandela and Mbeki made to the struggle for liberation and the creation of a united, democratic, nonracial, nonsexist and prosperous South Africa. We urge our people to work together in transforming the country for the better. South Africa is faced with many challenges that require our national resolve as we address the imbalances of the past. We call on all sectors in our society to work with the ANC, the people's movement, in the journey to find solutions to the triple challenge of poverty, unemployment and inequality and the accompanying social ills.
The 53rd ANC national conference in December 2012 affirmed that there should be serious action to achieve social transformation. South Africa today is decidedly and qualitatively better than the South Africa of 19 years ago. The government of the ANC has worked tirelessly to improve the lives of our people and bring about social equality.
As the ANC-led Parliament, an activist Parliament, we need to earn the trust of our people. We need to lead by example. We need to be honest. We need to be selfless. We need to fully appreciate our historical mission. More than anything else, we need to be true to the values and teachings of the ANC. Hon members, there is a need for all of us to continue to engage in vigorous and searching debate on the persistence of the legacy of apartheid colonialism, as is reflected in the triple challenge of poverty, inequality and unemployment. Earlier this year we discussed the role played by the NCOP in protecting the vulnerable, especially in promoting and protecting the rights of children. We also launched a publication that contained a number of reflective assessments and recommendations. Some of the recommendations we proposed are the following: The country should collect data based on specific indicators that would show the progress that has been made in the laws being developed by Parliament. Attention should be given to ensure the obligatory provision of educational programmes to children who are in conflict with the law, with special attention to children who are awaiting trial, unsentenced and sentenced children. Parliament should review the provisions of section 8 of the Child Justice Act for an amendment regarding the age of criminal capacity. This should be done to ensure that South Africa complies with substantive provisions in relation to its international obligations and standards, and this could take place sooner than within the proposed five years.
Parliament should play a pivotal role in the oversight of the implementation of the Child Justice Act, Children's Act and other related laws that have been passed to ensure the survival, protection, development and participation of children. Parliament should ensure that the country reports in time and accurately on the implementation of the UN Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child and other international treaties that South Africa has ratified. The country should also prioritise the strengthening of the primary health care system as the national health response, particularly expanding the number and scope of work of community health workers to include high- impact but low-cost children's health and nutrition interventions. The NCOP in collaboration with the National Assembly and the provincial legislatures should develop a rigorous oversight programme from a multisectoral perspective to monitor the realisation of child rights in the country.
The NCOP should also develop a strategy to report back to the children from across the country who conveyed their messages to seminar participants last year. They should be told what we have done and what has happened. Lastly, special attention should be given to children with disabilities in the realisation of their rights, including the provision of transport to schools.
As we conclude this term, the relevant committees, led by the Select Committee on Women, Children and People with Disabilities, will assist us with reflection on the work we identified. We committed ourselves to promoting the rights of children and to protect the vulnerable groups in society. It is for this reason that we support the work that is being done by government to ensure that all South Africans enjoy freedom under conditions of safety.
We understand that we mean the whole of society when we ensure that we protect vulnerable groups and uphold the protection offered by the Constitution. We therefore say that we have to support this Bill at all costs.
Hon Chairperson, Minister, MECs present, members and visitors, I would like to thank the department for their presentation to our committee. The Department of Women, Children and People with Disabilities was established to emphasise the need for equity and access to development opportunities for vulnerable groups in South African society. This department was created in May 2009 to replace the former national multiagency structures in the Presidency.
The budget of the department grew from R172,2 million in 2012-13 to R198,3 million in the 2013-14 financial year. Although this is a nominal increase of 2,85%, when inflation is taken into account the budget has actually decreased by 2,6%. In terms of the budget, some 66% is allocated to current payment, 61% of which will be used for compensation of employees. The balance of R51,3 million is allocated for expenditure on goods and services. In addition, 31,8% of the budget has been allocated to transfer payments.
The department has produced financial reports since 2010-11. The Auditor- General has consistently stated that this department has been overspending on its budget since inception, mostly on travelling, venues and compensation of employees. The department incurred overexpenditure of R22,7 million in the 2011-12 financial year. In the 2010-11 financial year, the department overspent by some R3,7 million with fruitless and wasteful expenditure of R1 003.
The findings depict a department that has not made any progress in addressing audit findings.
Chairperson, I wanted to find out if the member is prepared to take a question.
Are you prepared to take a question, hon Worth?
No, thank you, Chairperson. [Interjections.]
Instead, in some areas, the level of noncompliance has increased and the amount of irregular expenditure has more than doubled. This is a reflection of a lack of capacity to address the findings, a skills shortage and a lack of commitment to ensure that governance is given priority. Only 40% of the planned targets were achieved during the 2011-12 financial year. A further 40% of the reported targets of the department were not consistent with the indicators and targets as per the approved annual performance plan.
There are still a large number of unfunded vacancies in the department, while there is also a high number of appointed staff at the highest salary levels. There are 48 staff members at salary levels 13 to 16, at a total cost of R47,3 million. In effect, this means that 48 staff members cost the department nearly R48 million. However, the capacity of the department has been improved, which the Minister alluded to, with the appointment of a director-general, a chief financial officer and a functional audit committee.
However, women, children and people with disabilities are among our most vulnerable citizens and the department is failing to protect them and to uphold their rights. There are approximately 5 million disabled people living in South Africa, of whom 1,2 million receive a disability grant. Some 10,5% of the disabled population have no education. Only 7,1% of disabled people have primary education. However, 5,55% of the department's staff members are people with disabilities. Few, if any, of the other state departments meet the minimum 2% disability employment target.
The department has been poorly managed, with - and I refer to the Auditor- General's report - a 66% underspend on the Rights of People with Disabilities Programme; overspending in the Administration programme; and overspending of 112% on employees' salaries. In the latter case, human resources management was poor, compensation was irregular and it did not comply with the Public Service Regulations. Those are just some of the items.
According to the report, the department is currently operating on a deficit due to a misalignment between the allocation, the approved organogram and the strategic plan. The department has declared that it would be making submissions to National Treasury for additional funding to rectify all the above and it proposes a turnaround strategy to be phased in over three years in order to deliver on its mandate.
The aim of the department is to drive, accelerate and oversee government's equity, equality and empowerment agenda, especially in the poor and rural communities. One of the primary objectives is to facilitate gender equality through the mainstreaming of government's policies and programmes. Other state departments, such as Health, Justice and Social Development, the Police and provincial governments, must assist this department to carry out the implementation and organisation of these functions.
Concerns have been raised about the increase in violence against women and children. The Minister has stated that the National Council Against Gender- Based Violence has been launched and seeks to address this issue. The Department of Justice was also in the process of opening the sexual offences courts, and the SA Police Service has re-established the family and child protection Units.
I wish to sincerely thank all the nongovernmental organisations, faith- based organisations, nonprofit organisations and other civil society organisations whom we rely on for 60% of welfare services. If this department does not function as it should, perhaps it is time for its budget to be handed over to these welfare organisations or to the Department of Social Development. [Applause.]
Hon Chairperson, Ministers, members and staff members from the department, this department shouldn't have been established in the first place. There are numerous reasons why I, on behalf of Cope, recommend that this department be disbanded. This is based on the following considerations. [Interjections.]
Regarding legislation, the department has failed to implement legislation as required and per its mandate. According to the department, its mandate is derived from elements of a range of - if I may add this word - -selected| legislation. I say -selected| because there is no mention of the Domestic Violence Act, Act 116 of 1998.
The department is mandated to promote and monitor the realisation of the rights of vulnerable people in our country. However, the Minister refers questions regarding the Domestic Violence Act to the Justice and Security cluster. What does this tell us? It tells us that the Minister does not care whether law enforcement agencies implement National Instruction 7/1999, Version 2, which was gazetted on 3 March 2006. The Domestic Violence Act is one of the legal developments provided to women in this country in an attempt to protect them and prevent domestic violence and sexual offences against women. South Africa is a -leader| in violence against women. Statistics on rape against women have gone up instead of down over the past five years. The police are the weakest link in the fight against gender- based violence. Yet the Minister does not monitor the implementation of the Domestic Violence Act, as required. Many reported cases fall through the cracks of the justice system. The sexual offences Act is not being implemented by policewomen and policemen.
Regarding the Thuthuzela Care Centres, the Minister does not even play an oversight role in these centres. Her only role is to launch a new centre and then she forgets about it in the next hour. [Interjections.]
Regarding personnel, how does the department justify the payment of an average of R1 million to a third of its employees? We are paying 48 skilled and qualified individuals on a salary level of 13 to 16.
What are we getting in return? During the oversight visit in Pretoria, their offices were empty, with no officials in sight. Filing was not done and the office was a complete mess. [Interjections.]
Chairperson, hon Ministers, hon members, in its 1992 policy document titled Ready to Govern, the ANC asserted that the rights of the child would be protected, as would environmental rights, the rights of disabled people, and the right not to be discriminated against or subjected to harassment because of sexual orientation.
On the occasion of the World Day Against Child Labour, the International Labour Organisation's Global Report revealed that 36% of all children between the ages of five and 14 in Southern and Eastern Africa were involved in child labour, with most of them working in the domestic and agricultural sectors.
The ANC government has done a lot to curb the problem of child labour in South Africa. According to the Basic Conditions of Employment Act, it is a criminal offence to employ a child younger than 15 years of age - except in the performing arts, with a permit from the Department of Labour. A child aged between 15 and 18 may not be employed to do work that is inappropriate for their age or work that places them at risk.
The Basic Conditions of Employment Act further states that any work performed by a child should not be exploitative, hazardous or otherwise inappropriate for the child's age; nor may it be detrimental to the child's schooling or social, physical, mental, spiritual or moral development.
The newly promulgated Child Justice Act provides innovative ways to deal with children who have been involved in either offences where they were used by adults to commit crime or commercial sexual exploitation. Yet, despite the above efforts, there is an unacceptably high incidence of child labour in certain parts of South Africa. These incidents are widespread throughout South Africa.
Any incident of child labour should be condemned, regardless of where it happens in South Africa. Over the past few years, and recently, the North West province has drawn the attention of the country as one of the hot spots insofar as this evil of child labour is concerned. In June 2011, an underage boy named Molefe Mogale lost his hand while operating a machine on the farm where he was employed in Rustenburg. A recent report by the SA Human Rights Commission also points a finger at the North West province. The practice of using child labour in this province appears to be rife, in particular in the agricultural sector. We call on the provincial government to investigate this.
It is evident that we are becoming a violent society, especially against children and people with disabilities. The environment in which we live seems to be influencing the generation of the future in a negative way. For instance, children prefer to buy a toy gun, rather than other types of toys. The question is: Why? This is a clear sign of anger among our children; of the wish to defend themselves and to harm the next person. What kind of society are we building? These are challenges that we need to deal with. The ANC calls on the government to increase its monitoring and inspectorate work so that farmers who continue to breach our labour laws are brought to book. We call on parents to embrace education and to make use of the support that has been made available by the ANC government to promote education among the poor.
The ANC also believes that the advancement of women in society is a necessary means to the end of dealing successfully with the triple challenge of unemployment, poverty and inequality. The ANC Women's League expresses this profound vision when it says:
The gender agenda should not be perceived as an -act of charity| or goodwill, given that nonsexism is a strategic objective of the ANC. Central to the task of social transformation is the role of the ANC in government in confronting the challenges of poverty, inequality, unemployment and underdevelopment through the advancement of women and achievement of gender equality.
Society must therefore aim to eliminate the barriers that limit women's equal participation in society and the economy. This can be achieved by making use of existing South African legislation. I am going to request the hon Feldman to listen carefully here. [Interjections.] We have laws such as the Domestic Violence Act of 1998, the Recognition of Customary Marriages Act of 1998, the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000, as well as the Women Empowerment and Gender Equality Bill, which is currently being processed by Parliament.
I want to ask the hon Feldman this question: Who is supposed to do oversight? We are here as representatives. We are here to ensure that we show compliance with any Act that we pass in this House. We are the ones who must conduct monitoring to ensure that whatever Act we agree on here is implemented on the ground. [Applause.]
The question would then be this: Are we doing enough to educate our people and create public awareness of these laws? I think this is where the hon Feldman comes in. Is that hon member doing what he is supposed to do to teach people on the ground and to conduct public awareness? I think the hon member must do his work and make sure he truly represents the interests of the people of South Africa. [Interjections.]
Under the ANC government women have made substantial progress but much more still needs to be done. Despite the ANC government's efforts to deal with gender issues, women still continue to be abused and raped in horrific ways. We call on the government to tighten the partnership in the Justice cluster so that perpetrators are arrested, prosecuted and convicted with high sentences.
More often than not, incidents of child abuse in large cities are given more attention and are treated as high-profile cases. Less is said about similar incidents in smaller towns and villages. To support my statement, just few months ago, in Kanana township in the North West, a toddler of nine months was raped by a 43-year-old man. The case was reported to the police and a motion was brought to be passed in this House, yet it was never given the same profile and treatment as cases that were recently reported. It is my view that we should give more attention to the people who are less privileged and more downtrodden than to those who reside in big cities. I wish to take this opportunity to thank the community of Kanana for their continued support in ensuring that justice prevails.
Society must appreciate that people with disabilities are human beings who have rights and that they should be respected as such. They are also entitled to receive an education and should be provided with better facilities. They should enjoy equal access to education. We must avoid what happened in the North West province in 2010, where children with disabilities were locked into their rooms due to poor infrastructure and this resulted in the loss of four lives. As a society we need to embrace, support and take care of children with disabilities.
People with disabilities encounter a number of barriers and almost all of these barriers have nothing to do with their physical condition. Instead, they reflect the negative attitudes of society, which are revealed in its failure to support people with disabilities so that they can live fulfilling lives without being made to feel less important. It is outdated ideas that lead to horrific behaviour, which includes situations where families lock up their members who have disabilities at home and do not enable them to interact with society and their environment.
In conclusion, boys and girls must be socialised in a nonsexist manner. This concept should be built into our schools curriculum, from early childhood development level. This should work to eradicate patriarchy and the perception that males are superior to females, which we see resulting in the rising incidence of gender- based violence. As part of this curriculum, children should be taught to appreciate that differences in appearance do not detract from the essence of equality, which is enshrined in the Constitution for the fulfilment of women, children and people with disabilities. The ANC supports this Budget Vote. [Applause.]
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES:
Chairperson and hon members, I want to thank the members who supported the debate, starting with the hon Mabe, the chairperson of the select committee, who highlighted the progressive laws that we have passed in the past 19 years. We have done so as a democratic Parliament under the leadership of the ANC, starting with the Constitution and the Bill of Rights.
I also want to say that the recognition of customary marriages does not just protect women. It protects the rights of children as well. Just to add something on the topic of moringa, I want to say that we also have women in KwaZulu-Natal, like ...
... Njengomama uMaureen Magubane eMooi River ... [... Mama Maureen Magubane from Mooi River ...]
... who have set up 20 co-operatives, were given a feeding scheme contract by the MEC for education, Senzo Mchunu, and are now setting up an umbrella co-operative, with the support of the Department of Trade and Industry, so that they can buy wholesale. They are now working on a contract for Simba chips, in terms of which they will produce potatoes for the Simba chips factory in Durban. Whether we like it or not, after 19 years, the ANC government has brought about a better life for our people.
I am not going to waste my time dealing with the lies of the DA and the lies of Cope. Cope must first go to a conference and obtain some leadership, not sit under a tree and then say that they have leadership. [Interjections.]
Order! Do you have a point of order, hon member?
Chairperson, it is unparliamentary to use the word -lie| in this House. The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: It is
parliamentary to say a party is lying, not a member. Go and read your Rules! [Interjections.]
Order! Hon members, may I make a ruling on this matter? A point of order was raised. I didn't pick up on exactly what the Minister said - whether a party or an individual was lying. I therefore ask that you give me the opportunity to look at the Hansard and make a ruling in the next sitting.
My point of order is to you, hon Chair.
Hon member, I just made a ruling on the matter. [Interjections.]
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: I want
to say to hon Worth that we are debating the 2012-13 Budget Vote. Yes, I have acknowledged that there was corruption and mismanagement in the department, and I came to this House last year and reported that I was investigating. I initiated an investigation. I reported that I have implemented the recommendations. People have been dismissed after disciplinary hearings. So, I don't know what the hon member is still wasting his breath about. [Interjections.] The department has improved. Go and listen to the Auditor-General. We are doing very well. [Interjections.] We have not overspent a cent in the 2012-13 financial year. [Applause.] We have employed people in the unfunded vacancies. In those that are funded, we have employed people. In those that are not funded, we cannot employ people. So, the hon member must assist us with a budget that is reasonable. Of course, the members - Cope, the DA and all of them - are calling for the disbandment of this department. They don't understand issues of gender. They actually don't care about gender. [Interjections.] You must go and ask your premier why she is only employing men as MECs. When is she going to recognise women in the Western Cape? They do not care about women's empowerment, so this department must go, because this department is pricking their conscience. [Interjections.]
People with disabilities have no education. I cannot educate people with disabilities in three years. We are talking about a legacy ...
... yootat'omkhulu bakho ... [... of your grandfathers ...]
... who are responsible for a lack of special schools, for a lack of inclusive education. It is only after the ANC government came to power that we implemented policies like inclusive education for our children. So, the hon member must help us.
The DA in the Western Cape has the highest number of people with disabilities, children who have no schools, who have no education. The Western Cape is the worst. Over and above that, the premier has closed the Office on the Status of Women, has closed the Office on the Status of Disabled Persons and the Office on the Status of Children, because the DA does not care about the vulnerable and the poor in our country. [Interjections.]
I want to close by saying that we want to thank hon members, Deputy Minister Bogopane-Zulu for her contribution and support, the director- general, the staff, and members of the select committee and portfolio committee for providing support and diligent oversight to ensure that the rights and empowerment of women, children and people with disabilities are protected and promoted. I also want to say, hon members, particularly after hon Thandi Memela, that as signatories of the various international conventions and protocols, we will continue to ensure that South Africa secures outcomes that will promote and protect the rights of women, children and people with disabilities. We will also ensure, hon Memela, that we discharge our reporting obligations to the United Nations and other international instruments.
I would also like to express appreciation to international agencies, such as the UN Development Programme, UN Women, UN Children's Fund, the UN Population Fund, the Joint United Nations Programme on HIV/Aids, UNAIDS, the British Department for International Development, DFID, and others who have supported this department in kind and financially. While improvements have been made in the department, our baseline budget remains an area of great concern, and we are in discussion with National Treasury to ensure that we improve capacity within the core areas of the department. We also need financial support for the National Council Against Gender-Based Violence. We thank DFID and the UN agencies for giving us $1 million to fight gender-based violence in South Africa. We trust that more will join their example in this area of need.
As I conclude, allow me once again to quote the immortal words of Charlotte Maxeke:
This work is not for yourselves. Kill the spirit of self. Do not live above your people, but live with them. If you can rise, bring someone with you.
What about you?
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES:
Halala, Charlotte Maxeke, halala!
HON MEMBERS: Halala!
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES:
Halala, Lilian Ngoyi, halala! HON MEMBERS: Halala!
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES:
Halala, moringa, halala! [Laughter.] [Applause.]
Debate concluded.