Minister Noluthando Mayende-Sibiya, Deputy Minister, hon members, officials present, civil society in the gallery and learners in the gallery, this is a historic moment for us as this is our first Budget Vote debate. This has come about as a result of one of our Polokwane resolutions. This Ministry has the huge task of improving the lives of women, children and people living with disabilities. This Ministry replaces the OSW, that is the Office on the Status of Women, which was located in the Presidency. We would recall that the Office on the Status of Women was located with the Office on the Rights of the Child, as well as the Office on the Status of Disabled Persons.
There were structural issues which needed to be considered in terms of how these vulnerable groups would relate to the new Ministry. It is important that the Ministry take note of the challenges that hindered the Office on the Status of Women in functioning well. Some of the challenges were lack of funding and lack of human resources, and also the ranks of officials driving the programmes did not give them the authority that was in line with their responsibilities for co-ordination and oversight. Now that we have a Ministry, the question is: Are we better positioned to make sure that gender equality will be achieved? Taking into account the number of women Ministers and Deputy Ministers in the Cabinet, this should make a vast difference. This should give us hope. Our women Ministers should lead the process of gender mainstreaming. This women Ministry is here. We all have to make a point to ensure that it works despite all the challenges it faces.
Ukusebenza koMnyango, sithe uma sibheka izinselelo zoMnyango sabuka ngokuthi kwakuyoba usizo ukuba loMnyango wawubekwe ngaphansi kwehhovisi likaMongameli. Nokho sesibhodla emswaneni ngoba akwenzekanga lokhu. Phela empeleni umsebenzi walo Mnyango ubalulekile. Umsebenzi wawo ukubheka ngeso lokhozi ukuthi ngabe eminye iMinyango iyakulandela yini ukuhlela izinhlelo zayo ngokulingana ngokobulili, futhi kungabe ikhona yini ingxenye yesabelo mali eya kuzo lezi zinhlelo.
Uma lokhu kungenzeki, yiwo lo Mnyango ofanele uthole izizathu. Kafushane nje lo Mnyango ungunogada ufanele uqaphele ukuthi ingxenye ethile yefa lalo hulumeni wethu liyafinyelela komama, abantwana nabantu abaphila nokukhubazeka. Naso ke isizathu esingenza ngiwubone lo Mnyango, kufanele ubenamandla athe xaxa kuneminye iMinyango ngaphandle kokuba ngubhongoza. Unogada uyawadinga amandla, nokho yinselelo esizoyiphonsela uMongameli wezwe. Phela ingani engakhali ifela embelekweni, siyathemba ukuthi uMongameli akayukusho ukuthi hawu "ngininika isandla senifuna ingalo yonke".
Umsebenzi waloMnyango ubanzi kakhulu, bheka ngoba uqala khona la kule sishayamthetho sethu, uye kwizifundazwe, uphinde uye nakomasipala bethu. Khumbula phela ukuthi nazo lezi zinhlaka zikahulumeni ziyasithola isabelo mali, ingabe izinhlelo zabo zihleleke ngokuyikho na? Akufuneki ukuthi sidedele nje kube yikwaampunzi edla emini sikhona. Kungani pho isabelo sethu sifane neconsi olwandle izigidi eziyikhulu nanhlanu nesithupha, R156 million kuphela nje? Awu! siyakhala impela.
Asifuni ukubona isabelo mali soMnyango siphelela ehhovisi nakubasebenzi, bese izinhlelo zoMnyango zona zithole imbijana. Nakuba kunjalo Ngqongqoshe umsebenzi kumele wenziwe phela "impangele enhle umakhala egijima". Asiqaphe- ke siwuMnyango - ake ngenze isibonelo, Umnyango Wezokuthuthukisa Kwemiphakathi ugixabezwe ngesamba esiyizigidigidi ezingama-95 zamarandi, Umnyango Kahulumeni Wokubambisana kanye Nezindaba Zendabuko ugixabezwe ngezigidigidi ezingama-43 zamarandi, Umnyango Wemfundo Ephakame ugixabezwe ngezigidigidi ezingama-32 zamarandi, Umnyango Wezokuvikela ugixabezwe ngezigidigidi ezingama-32 zamarandi kanti Owezempilo ugixabezwe ngezigidigidi ezingama-21 zamarandi., njalo njalo. Angeke ngikwazi ukuyiqeda yonke.
Inhloso yokubonisa isabelo sale Minyango ukuveza lapha kufanele siyekhona, siyobheka ukuthi kungabe yinani elingakanani elibekelwe omama, abantwana, nabantu abaphila nokukhubazeka. Uma nje laba abanye oNgqongqoshe bezokwenza njengoba kufanele, hhayi Ngqongqoshe sekuyoba ngozi makhaza. Empeleni abanye ngqongqoshe vele bayakwenza lokhu. Sibonile uMhlonishwa uJeff Radebe, uMnyango wakhe wenze isichibiyelo kuMthetho Wabantwana "i-Child Justice Act". (Translation of isiZulu paragraphs follows.)
[When we looked at the challenges the department faced with regard to its functioning, we realised that it would have been helpful if this department was placed under the Presidency. Nevertheless, let us not dwell much on that because it did not happen. Its function is to monitor carefully to make sure that the other departments follow the policies accordingly with regard to gender equity, and whether there is any portion of the budget that goes to those programmes. If this is not happening, it is this very department that should investigate what is happening.
In short, this department is the monitor - it must observe whether the portion of the wealth of our government reaches the women, children and people living with disabilities. For that reason we will recognise this department. It must have more powers compared to other departments, but should not do things without consultation. A monitor needs power; nevertheless, this is a challenge that we will present to the President of the country. As you know that keeping quiet does not help, we hope that the President will not say: "Give someone an inch and they will take the whole yard."
The function of this department is very broad; it includes the National Assembly, the provinces and our municipalities. Remember that these government structures also get their share of the budget. Are they properly designed? We must not allow people to do as they please while we are there. Why is our budget a drop in the ocean - only R156 million? We are truly complaining.
We don't want to see the department's budget exhausted through the office and the workers, while the sections in the department get only a little money. Even if it is like that, Minister, the job must be done. "A good person is the one who complains while continuing to work". Let us as the department be on the lookout ... let me give an example: The Department of Social Development was granted an amount of R95 million; the Department of Co-operative Governance and Traditional Affairs was granted R43 million; the Department of Higher Education and Training was granted R32 million; and the Department of Health was granted R21 million, etc, etc. I will not be able to mention them all.
The reason for giving these departments as an example is to show where we must go, to see how much has been set aside for women, children and the people living with disabilities. It will be much better if the other Ministers do what is expected of them. Actually, some of the Ministers are already doing this. We have seen hon Jeff Radebe's department make an amendment to the Child Justice Act.]
The Department of Health, led by the hon Aaron Motsoaledi, has engendered the roll-out of antiretrovirals by recognising that women are more susceptible to HIV and Aids and to sexually transmitted infections. In other words, the Department of Health has recognised the gendered face of HIV and Aids in South Africa. In 2009, the Department of the Public Service and Administration, headed by the hon Richard Baloyi, hosted the first Public Service gender indaba under the theme "Engendering Public Service Policy". Siyakuncoma ke lokho. [We appreciate that.] For the sake of time, I cannot mention all the other departments.
Let us come to protocols and agreements. The Southern African Development Community protocol has been signed by South Africa, but has not been ratified by Parliament. This is one of our challenges we need to address. Be that as it may, article 3 of the SADC Protocol on Gender and Development states that the objectives of the protocol are to provide for the empowerment of women, to eliminate discrimination and to achieve gender equality through the development and implementation of gender-responsive legislation, policies, programmes and projects. The question is: Is this happening?
The objectives of the protocol are also to harmonise the implementation of various instruments to which SADC member states have subscribed to at regional, continental and international levels on gender equality and equity, which, amongst other things, are the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention on the Rights of the Child, the United Nations Convention on the Rights of Persons with Disabilities, and many more.
For the purpose of time, allow me to focus on Cedaw only. When departments put programmes in place, it should be borne in mind that those programmes effectively contribute to the achievement of the social and economic goals of the country, especially for the vulnerable. According to Unifem, the United Nations Development Fund for Women, all stakeholders should apply Cedaw principles, that is, substantive equality and the nondiscriminatory participation and modification of social and cultural patterns of conduct when allocating budgets.
Without even realising it, stakeholders could make budget decisions that are discriminatory to women. We should also not lose sight of the fact that not all individuals have the golden opportunity to contribute towards budget processes. Members of Parliament and stakeholders like civic society should have a much more inclusive role to play in the budget process.
Let me illustrate a case in point. Parliamentary committees have different mandates to fulfil. How does it then come about that budgets allocated to parliamentary committees are equal in amounts? This is a great challenge that needs to be addressed. It also calls for measures that build the capacity of us, as elected representatives, to be able to analyse budgets, particularly from a gender perspective. This could also be done with civil society as well, as they are also beneficiaries of these budgets. Budget allocations should be seen as a human rights issue.
In terms of working with other departments on women's issues, this department is not an implementing one but a monitoring one. For example, we need to look at legislation that has an impact on the lives of women. We have to monitor whether laws passed impact positively on the quality of life and status of women. There has been a lack of disaggregated data to gauge whether targeted programmes have impacted on the lives of women and on how many women have benefited from these programmes. Examples of such pieces of legislation are the Domestic Violence Act, the Reform of Customary Law of Succession and Regulation of Related Matters Act, the Traditional Courts Bill and many more.
The same would apply when monitoring bodies like the Commission for Gender Equality. Are they delivering on their mandate, as outlined in the Commission on Gender Equality Act? My colleague the hon Ramodibe will speak more about this. Allow me to touch a little on the Domestic Violence Act. Elizabeth Petersen, founder of the SA Faith and Family Institute, together with Venessa Padayachee from the National Institute for Crime Prevention and the Reintegration of Offenders, Nicro - a pioneer organisation leading the battered women's movement in the early nineties - strongly argue that domestic violence is a specialised field. Experience shows that not all social workers, psychologists, priests, nurses, police officers, magistrates and probation officers understand the complex dynamics of intimate partner abuse. Far too much damage is done to victims ...
Hon member, your time has expired.
So quick! Thank you, Chair. [Applause.]
Hon Chairperson, hon Minister and members, NGOs, civil society present and our researchers, we thank you all for your support and help. The creation of the Ministry of Women, Children and People with Disabilities in 2009 was meant to signal a decisive change in the status and level of significance of matters affecting women, children and people with disabilities in comparison with that of the old joint monitoring committee's ineffectual and often quite dysfunctional "performance", to quote Professor Amanda Gouws. This, despite the fact that it was located in the Presidency, supposedly the powerhouse of action. Now, despite the increased ministerial status, with all the trappings of bureaucracy, the expected change has not materialised. Women and disabled people continue to take a back seat, in this case with regard particularly to the funding of the Ministry - a mere R156 million. Has the lacklustre performance of the Ministry been recognised by the Presidency? Is this why its budgetary wings have been clipped, or is this simply that the vulnerable groups are, in reality, not considered important enough to warrant real financial muscle? Alternatively, was the Ministry's creation not well considered, planned or costed initially? Perhaps the latter. The President has some answering to do to the expectations he has raised here in Parliament and also in our constituencies.
Far less money has been received than was requested, particularly in the areas of administration and intersectoral communication. One can argue about the merits of taking funds away from one place and adding them to another, but, especially in these troubled times, the taxpayers of this country simply cannot afford to supply resources for yet another Ministry that seeks to duplicate the work that can be achieved through ministries that already exist.
In this case, if the delusion was that Minister Mayende-Sibiya was to lead a Ministry that would render actual services, we would ask which services were contemplated that could not be delivered equally well, if not better, through the Ministry presided over by the Department of Social Development. On the other hand, if the intention was that the Minister would head a function that could monitor and evaluate the performance of other departments in respect of the rights of women, children and people with disabilities, we ask if Minister Collins Chabane would not take offence.
Unfortunately, it must be said that this Ministry is like an old dog without any teeth. Even if it does want to take a bite, it doesn't seem to know what to tackle. Sadly, this is a public letdown, for it means that actual service delivery that could benefit our women, our children and those otherwise-abled will not be significantly enhanced by this Ministry.
The truth is that Luthuli House has once again chosen to ignore that one cannot achieve the empowerment of women, children and disabled people with window-dressing. It can only be achieved with real effort and commitment to the values of gender equality and equity. It can only be achieved if every Ministry leads its department in delivering services in such a way that they will remove the obstacles to opportunity for women, children and disabled people.
This type of empowerment will only become a reality if every Ministry becomes a de facto Ministry of Women, Children and the Disabled. Empowerment will only become a reality if this government truly becomes a government for all the people, instead of a government for the cadres and those who support them. This is not just empty rhetoric. The proof has already been presented publicly. Why is it that the wider public have not been involved in or invited to any of the Minister's imbizos or investigations on ukuthwala ritual murders? Only the inner circle of the ANC has been invited. [Interjections.] Not even the portfolio committee has been informed, invited or involved.
No wonder there have been rumblings of discontent from amongst the ruling party and the ANC Women's League. This sense of crony entitlement is the root of the problem where we direct efforts at the collective - rather than at the individuals - and opportunities for all.
The failure of the ailing, dysfunctional Commission for Gender Equality, an important Chapter 9 institution which is meant to uphold gender equality and equity, is indicative of a failure of our Parliament. Those who should have been holding it to account - the Presidency, the Ministry of Justice and Constitutional Development and, more recently, the new Ministry - have been silent. Where are the protesting voices when women's issues are ignored and patriarchal and traditional attitudes are applauded; when women are seen only as objects of sexual gratification; and the myth of sex with virgins to cure HIV and Aids is perpetuated? Where is the outcry when women are subjected to corrective rape? The fact that 31 lesbian women have been murdered in homophobic attacks since 1982 and only two perpetrators have gone to trial, with only one being convicted, is outrageous.
The law must be amended. Corrective rape must be deemed a hate crime so that convictions can take place. The Commission for Gender Equality, the CGE, must focus on advancing gender equality in all spheres and not only in terms of financial and administrative squabbles. The commission needs a change of leadership, perhaps even a change in the Act.
A new resolve needs to be shown. Our Constitution, the guarantor of human rights, of women's rights, of the rights of people with disabilities, must be protected at all times. The transfer of the CGE to the new Ministry has taken a sizeable portion of its budget.
The programmes for disabled persons received only R7,1 million. This group of 1,9 million citizens is one of the most marginalised in South Africa. Trying to level the playing fields will be a major challenge and needs special attention.
To give disabled persons, especially young people who are deaf, an equal chance in life, urgent attention needs to be given to the provision of good tertiary education facilities and the provision of sign language interpreters. They are doubly disadvantaged by their isolation. It is important that disability is mainstreamed as one needs to change the perceptions, attitudes and lives of people living with disabilities and of those who are not disabled.
This would also dismantle the structures that disenable vulnerable groups from being regarded as equals in society. Many changes need to be made in South Africa regarding equal opportunities for previously disadvantaged groups. The mandate of each of these vulnerable groups is vast and needs attention.
It is interesting to note that this new Ministry received the smallest budget of all while the youth received more funding than all the others. Does this show some kind of preference or a special relationship with the youth?
One can only speculate as to why the choice was made to remove the youth from this Ministry and return it to the Presidency. Was this perhaps because a deal was struck? It has become clear that the identity, mandate and role of the Ministry are not clearly defined. To function properly, they need to be corrected.
A strong administration is needed with experts on gender, women, children and disability; otherwise this Ministry will continue to flounder.
In conclusion, gender mainstreaming should take place within South African society as this would change our society radically. As explained by Shirin Rai from India, gender mainstreaming is, and I quote:
The process of assessing the implications for women and men or people with disabilities of any planned action, legislation and policies in all areas and at all levels of an organisation. It is a strategy of making women and men's concerns and experiences an integral part of the design, implementation, monitoring and evaluation of policies and programmes to achieve gender equality.
This Ministry has enormous challenges ahead of it. However, it has a strong portfolio committee which can assist. We trust that we will be able to give the necessary guidance and oversight to ensure that the plight of women, children and people with disabilities is alleviated. Thank you. [Applause.]
Hon members, we live in a multilingual society and the letters of the alphabet are not necessarily pronounced the same way. Now, if we mispronounce your name, then we are open to correction. Assist us to do the right thing. So, I have done enough research, but it may not be adequate.
Thank you, Chairperson. You pronounced my surname the right way. Hon Chairperson, hon Minister, hon Members of Parliament and invited guests, today women of South Africa from all walks of life will be watching with enthusiasm the budget debate of the Department of Women, Children and People with Disabilities. This enthusiasm was raised when President Zuma announced the establishment of the new Ministry at the beginning of the fourth democratic Parliament in 2009.
South African women have a very rich history of struggle, which culminated in the formation of the Women's Charter in 1954. This charter is a guiding document for major women's programmes on the political, social and economic emancipation of women. Throughout the 1950s, the 1980s, the 1990s and up to today, women have been at the forefront of the struggle. It is, therefore, based on this political background that women welcomed the announcement by President Zuma, though there were reservations when the women's Ministry was clustered with youth, children and people with disabilities.
Unfortunately, the Minister did not say much about the 2010-11 budget. Women have high expectations that this budget will bring about change in their lives, and this raises serious concerns. The allocated budget is R156 million, which will be spread over a period of three years. The budget amount allocated to the department is more or less the same amount that used to be allocated to the Office on the Status of Women, the Office on the Rights of the Child, and the Office on the Status of Disabled Persons, when these were still located within the Presidency. We thought that this Ministry would have the power to take the government to task. With a limited budget it is clear that it will not be able to do that. Cope has a problem with the mandate of the department. It appears as if the portfolio committee and the department are not on the same level of understanding as to what the department's mandate is. The department is more focused on monitoring rather than implementing. It's more focused on monitoring whether other departments are gender sensitive rather than focusing on the implementation of policies and legislation. Who is supposed to monitor the implementation of the programmes of the Department of Women, Children and People with Disabilities by other departments if the department is not going to do that?
It also appears that there is an overlapping of roles between the portfolio committee and the department. Who is supposed to do the oversight role with regard to other departments if both the portfolio committee and the department are doing the same oversight role?
Another mandate is for the department to co-ordinate other departments in ensuring that the funds in respect of women, children and people with disabilities are utilised in a befitting manner. How are you going to co- ordinate if you don't have authority over the funds? Cope feels strongly that these funds and resources should be allocated within the Ministry.
With regard to the Commission for Gender Equality, it is very sad to acknowledge that the commission has a serious lack of leadership. The problem is that it has been changing leadership. The chairperson, the CEO and commissioners have been changed - I don't know how many times. The second issue is the misuse of funds. We seriously need to look at the recommendations based on the review made by Prof Kader Asmal.
In conclusion, women in Parliament, irrespective of their political affiliation, have a common purpose to serve - the women of South Africa, children, and people with disabilities. As the portfolio committee we need to report back to the multiparty women's caucus. What do we report? It is therefore critical that the mandate of the department be reviewed for the better. As women in Parliament we should work together to ensure that the Ministry is well resourced.
Sihlalo, ukuze akhululeke amathambo omama ababeququzelela umqulu womama ka- 1954, kufuneka lihlaziywe eli gunya. Enkosi. [Kwaqhwatywa.] [Chairperson, to ensure rest for the bones of the women who co-ordinated the Women's Charter of 1954, this authority must be reviewed. Thank you. [Applause.]]
Hon Chairperson, hon Minister, Deputy Minister and hon members, the Minister was correct in thanking various women's organisations and the role that they have played, but I think she forgot to mention the role played by the IFP Women's Brigade. [Applause.] Our Constitution envisages a dual role for Parliament and parliamentarians, both in influencing the budget and in exercising oversight to ensure effectiveness and efficiency. But, most importantly, it places on our shoulders the mammoth task of ensuring that public spending translates into positive and meaningful changes in our communities.
Moreover, effective and transparent government budgeting is vital to any democracy, especially so in South Africa where there is massive poverty, inequality and unemployment. As we debate this Budget Vote today, it is therefore important that we take cognisance of these very important constitutional obligations and imperatives.
Whilst the IFP commends government for establishing this new Department of Women, Children and People with Disabilities, we have serious concerns about this budget and how it will impact on the department's ability to carry out its work.
It is of grave concern that this department, established to drive government's equity, equality and empowerment agenda of marginalised groups and historically disadvantaged communities, has only been allocated R156 million over a period of three years to achieve these goals.
Government pays mere lip service to the urgent need for the empowerment of women, children and people with disabilities. The IFP finds it extremely difficult to imagine how this department will be able to fulfil its mandate without the necessary funds to do so.
While government continues to throw billions in funds at money-gobbling public entities such as Eskom, it is deplorable that this department has been given Treasury's loose change with which it is now expected to perform miracles. It raises serious questions about whether this government is really committed to the protection, empowerment and development of the human potential of South Africa's women, children and people with disabilities.
With respect to how the department is planning to utilise its budget, my party and I have the following reservations. The new department seems to be focusing solely on policy formulation and policy review, but very little focus is being placed on the implementation of programmes at grass-roots level. In addition, the department has set aside a lot of money for the development of documents and frameworks, all of which will have very little impact on the targeted sectors. Another concern is that the objectives of this new department seem to be similar to those of the Commission for Gender Equality, the Office on the Status of Women, and the Office on the Rights of the Child. This is distressing, because we have learned from these institutions that lobbying and advocacy alone will not deliver the changes that our people so desperately desire from this new department.
Furthermore, it is also clear that this department does not have adequate plans in place on how to work with other departments and government institutions that have existing programmes in place which target similar sectors. In the interests of streamlining processes to ensure that we do not waste funds by duplicating programmes, I urge the hon Minister to put in place a clear plan of action in this regard.
The IFP believes that our country has good policies, but more often than not they remain mere pieces of paper which never see the light of day. We strongly believe that this department's modus operandi should focus on implementation, implementation and implementation.
The recent violent service delivery protests that we have seen all over the country have been a stark reminder that our people are fed up with the ruling party's empty promises. They want to see real opportunities being created. They want to see real development and real change. [Interjections.] Our women, children and disabled people have been marginalised ...
Ngiyazi ukuthi niyavumelana nami.[Uhleko.] [I know that you agree with me. [Laughter.]]
... for decades. Now is the time to put an end to this discrimination and pave a new way forward. The time for talking is over, Minister. We now look to this new department to develop sustainable programmes and plans that will have a real effect on the ground.
In conclusion, I would like to add that the IFP supports this Budget Vote, but I want to remind the Minister that our women, children and disabled people, especially those in rural areas, are placing all their hopes on this new department and we dare not disappoint or fail them. I thank you, Chair. [Applause.]
Chairperson, hon Minister, Deputy Minister present, hon members, I greet you all. I am both humbled and honoured to participate in this debate on the Budget Vote of the Department of Women, Children and People with Disabilities.
I thank the Minister for her comprehensive report. The establishment of this Ministry stems from a resolution that was taken at the historic Polokwane conference in 2007 at which the ANC Women's League motivated for a women's Ministry on behalf of the women of South Africa.
The establishment of the Department of Women, Children and People with Disabilities represents a progressive step forward for South Africa in its promotion of gender equality and women's empowerment and a better life for all.
We have to thank the ANC-led government for the establishment of this department, which is structurally different from what was envisaged in the mandate from the President. President Jacob Zuma, in his 2010 state of the nation address, outlined the strategic priorities for 2010. These priorities are identifiable in the 2009 manifesto of the ANC, and are as follows: education and skills development; ensuring a long and healthy life for all South Africans; rural development and land reform; the creation of decent work opportunities; and fighting crime.
These priorities are essential in the promotion of gender equality and women's empowerment in that they require a gender focus in order to impact positively on the quality of life of women. Poor and rural women represent the most vulnerable in society and, as such, require greater access to education and skills development, employment opportunities, improved health services and health care, and affordable housing and scaled-up infrastructure development.
The above-mentioned issues are interlinked and, as such, a holistic and co- ordinated governmental approach is required in order to effect real change in the lives of South African women. These initiatives have been spearheaded by the President, who has emphasised the importance of integrating a gendered approach in government service delivery. As such, President Jacob Zuma has prioritised women's service delivery needs into the government's programme of action. We therefore thank the President for his foresight and wisdom in the transformation of the state machinery for the emancipation of women.
In 1994, President Nelson Mandela stated in his first address to Parliament that "freedom cannot be achieved unless women have been emancipated from all forms of oppression". This maxim serves as a benchmark on which many gender activists base their judgment of the liberation of women in this country.
South Africans continue to suffer undue hardship owing to the lasting legacy of apartheid. Black South Africans, who represent the majority of the population, were discriminated against. Black women, in particular, regardless of their status in life, experienced oppression based not only on their race, but also on their gender and class. It is therefore critical that government programmes directly address the needs of women in line with the needs for social spending, the eradication of poverty and job creation.
I would like to speak to the mandate of the department. The mandate of the department - that is, its role - is essential to translate constitutional imperatives, international obligations, policy pronouncements and legislation into measurable and meaningful objectives. The aim of this department is, therefore, to drive, accelerate and oversee government's equity, equality and empowerment agenda of women, with a particular focus on the poor and rural communities. [Applause.] The department indicated that they will achieve these aims through collaborating with civil society, and civil society is here today; improving the planning alignment among the three spheres of government; monitoring policy implementation and the attainment of targets as they relate to halving poverty and unemployment by 2014; and developing global partnerships to strengthen the development of women.
I think my chairperson alluded to the fact that, while women constitute 52% of the South African population, they represent the most vulnerable and impoverished in our country. If one examines the total budget allocation of R97 million to the Department of Women, Children and People with Disabilities, one would find that it constitutes only 0,02% of the total appropriation of all departmental Votes. Therefore it is the smallest allocation of all the Votes. This allocation does not speak to the allocations of other departmental programmes that relate to women. At present the allocation of R7,1 million for the Empowerment of Women and Gender Equality programme represents a meagre expenditure of R3,16 per woman in South Africa. I would like to reiterate that this excludes what is allocated to women's issues or programmes in other departments. I would like to appeal to National Treasury to heed the calls of various gender activists. I will start first with Debbie Budlender, who asserts that the budget process is but a relationship exercise. In terms of the budget for the improvement of the quality of life and status of women, Parliament needs to exercise its oversight function by being able to effect tangible changes to budgetary allocations to specific departments.
In motivating for the importance of the empowerment of women and for the budget to be engendered, the then Chairperson of the Commission for Gender Equality, Her Excellency Thenjiwe Mtintso - who is also a member of the central committee of the SA Communist Party and a member of the national executive committee of the ANC - said:
You can escape from racism by going home and shutting the door. You can't escape from gender discrimination in the same way, because it is about power relations that actually start at home, with the way in which boys and girls are socialised. Women's experiences are however mediated by race, urban or rural location, age, disability, sexual preference, religion and culture. These shape the relative weight of our burdens, the degree of invisibility of our contribution inside and outside the home and the silencing of our voices. This is a clear indication of how women were discriminated against.
As the ANC-led government, it is critical that we create a budget that enhances the vision of building a caring society and that works towards a peaceful, national, democratic society. It is imperative that we do not perpetuate the mistakes of the previous gender-neutral budgets. Instead, we should motivate for a gender-responsive budget for this department. I would like to give an example in order to illustrate the way in which the portfolio committee envisages how the department should give effect to their mandate. Cassandra Baadjies, who is 24 years old, is a professional sister with a Bachelor of Nursing Science Degree, B Cur. She completed her community nursing year in the peri-urban areas of the Eastern Cape at the Settler's Hospital in Grahamstown. Her decision was to study further and do her Masters degree in neonatal care. She passed the first year of her masters degree. That is a scarce skill that is required to address Millennium Development Goal 4 of reducing child mortality by two thirds by 2015.
Ms Baadjies has several challenges, such as upskilling herself and finding employment in a sector where skills are regarded as critical as they have a direct impact on the health outcomes of children. However, it is hard for her to find employment at the provincial hospitals which have midwifery posts. Even if she is the preferred candidate, nurses at certain hospitals, it is assumed, are only allowed to study after five years of employment.
This is but one of the many challenges facing South Africa, be it the feminisation of poverty, the slow progress with regard to attaining Millennium Development Goals 3 and 4 on child survival and maternal health - also stated here by the Minister - or addressing unemployment that gravely affects youth and the gendered implications thereof. The department has a very important role to play in addressing the aforementioned challenges by working collaboratively with the respective departments concerned to ensure that the rights of women and children and people with disabilities are fulfilled.
When it comes to Members of Parliament, the women belong to a women's caucus and they need to interrogate the budgets of the different departments in the committees they serve. A situation that we would like to see is the following, as taken from the ATC of the Eastern Cape provincial legislature and relating to the annual reports of 2008. The Department of Local Government and Traditional Affairs, a corporate service today, was headed then by MEC Toko Xasa, who is today the Deputy Minister. These are the recommendations made by the portfolio committee to her then department.
Firstly, the department should submit to the committee a co-ordinated action plan with regards to a special programme unit for all municipalities. Secondly, the department should give the committee disaggregated data of all disabled women in their employ, at provincial and municipal levels. Thirdly, the department must ensure that they come up with a plan that ensures that there is a gender balance at the top senior management level. That is how we work together with the department.
When we as a committee scrutinise the reports on Budget Votes to Parliament, which are in the ATCs, we would like to see such findings and recommendations with written replies from the departments on such recommendations after 30 days of tabling the departmental reports.
In conclusion, I would like to make an appeal to all stakeholders: For this department to be successful we need to move forward together. The Ministry, all Ministers from the different departments, public representatives, the national gender machinery, nongovernmental organisations and other relevant stakeholders should fully commit themselves to these processes. Let 10 years down the line be a watershed moment in history when we can proclaim and celebrate the positive impact this department has had on the lives of women.
Together we can do more. The ANC supports this Budget Vote. Thank you. [Applause.]
Thank you, Chair. Hon Minister, the ACDP wishes you every success in the task ahead of you. We will support this Budget Vote despite the obvious challenges and budget limitations.
We note the priorities outlined by the department are in line with the priorities outlined in the 2010 state of the nation address in relation to improved performance monitoring and evaluation, in relation to improved access to rights and development opportunities for women, children and people with disabilities, and in relation to the department's focus on the protection of the rights of persons infected and affected by HIV and Aids.
It has not been clear, however, how existing priorities are specifically aimed at supporting and protecting family life. Hon Minister, in the department's "Mandate Implementation Improvement Plan", the first point the department makes is, and I quote:
Family life is critical for delivery on the rights of women, children and persons with disabilities ... Strengthening of family structures is therefore an important element of successful delivery on the rights of persons in these vulnerable groups.
The ACDP believes the people of South Africa would like to hear more about how the department plans to prioritise this aspect - and you did speak to some related issues in your speech today.
It is our understanding, hon Minister, that a substantial amount of the budget for Women, Children and People with Disabilities has been allocated to the Commission for Gender Equality. Is it correct to say that this reportedly dysfunctional body, which independent auditors have recommended be placed under mentorship, will be taking up half the department's budget?
Despite extremely limited resources, the department aims to prioritise a comprehensive national early childhood development programme to facilitate the 75% reach of early childhood development programmes in especially rural, farm and poor communities; to eradicate 75% of the street and begging children phenomenon through sustainable systems of rehabilitation, reintegration into family and community life and preventative measures; and to strengthen HIV and Aids, gender and disability-related child rights, and safety on long-distance travel to schools. It is not clear how the department will be expected to contribute in terms of those priorities in relation to other departments.
There are approximately 18,3 million children living in South Africa. The allocated budget of R7,1 million for the children's programme amounts to an expenditure of R2,65 per child, an enormous challenge.
Programme 4 has also been allocated R7,1 million to meet the challenge of existing disability targets and the finalising of the draft national disability policy. There are an estimated 1,9 million people living with a disability in South Africa. This constitutes approximately 4% of the total population - another enormous challenge.
In June 2009 the Minister referred to an immediate deliverable of the department, being the establishment of a fund for women's empowerment aimed at enabling women to start their own businesses, and assisting NGOs and civil society in the undertaking of women empowerment programmes. Very exciting. To what extent has this fund been established and what financial resources have or will be dedicated to it? I thank you. [Time expired.] [Applause.]
Chairperson, normally when we say "Malibongwe" we mean "Malibongwe igama lamakhosikazi." [Praise the name of women.] But this time I have become part of them.
Hon Chairperson, hon Minister, my colleagues, members of the public - all protocol has now been observed. Allow me, Chairperson, to break the tension by saying that I feel that the Parliament of the Republic of South Africa is here, and I feel the atmosphere in our beloved country as the host of the world's most popular event in sport, the Fifa Soccer World Cup. It is here.
In about 56 days from now South Africa and Mexico will open the competition at Soccer City stadium in Johannesburg. All the eyes of the world will be on us South Africans, on the country, on the host and on our team Bafana Bafana. Halala! [We wish you all the best, Bafana! [Applause.]]
Coming back to the day's business, hon Chairperson, we are gathered in your august House today in order to debate, pass and legislate the budget, the programmes and appointments of the Department of Women, Children and People with Disabilities, and thereafter to conduct oversight of the department as it implements these.
I have been asked to focus on children - the future nation - and in this Budget Vote I am doing exactly that.
As we deal with matters affecting society, our starting point should be to build a nonracial, nonsexist, democratic and prosperous South African and African world order, and we view children as a dynamic and strategic foundation of this struggle.
Vulnerable as they are, we have the biggest challenge of protecting and guiding them to be this nation of the future. Government, the state machinery and parents together should play a pivotal role in ensuring our success in this endeavour - and I mean, our success, all of us, and not of the ruling party only. Parliamentary portfolio committees in all affected departments have to play a key oversight role as we move forward.
I want to refer to an extract by Comrade Joel Netshitenzhe, a member of the ANC national executive council, from his document titled "State and revolution in our times", from the publication Umrabulo No 32, 1st Quarter 2010. He states, and I quote: "The state does not exist for its own sake, but as a critical instrument in ensuring the realisation of the strategic objective of the liberation movement."
Whereas this extract was meant for the bigger picture covering the period post-1994 to date and covering a whole range of areas over and above children, in this regard we must look at the role of the state as it impacts on nation-building, with specific reference to the care of children, our future society.
At their national conference in December 2007 in Polokwane, the ANC resolved the following: one, that the best interests of the children should be paramount, with child-headed households a priority for protection and care; two, to prioritise the welfare of children, and in this regard develop, monitor and measure the tools that define and deal with child poverty; three, to strengthen the current safety nets that deal with child poverty, ongoing murders, disappearances, abuse and neglect; four, to strengthen the childhood development centres and urge communities to understand and deal seriously with the rights of children; five, to develop a comprehensive strategy on early childhood development. Six, the conference sent a message of condolence to all families that have missing children and to families of children killed by adults - and I want us to underline this - children that were killed by adults that were meant to protect them. Lastly, the ANC conference also expressed abhorrence at the circumstances under which these children died and committed to continuing to seek justice to bring the perpetrators to book. This is the mandate that the ANC, the ruling party, has with regard to children.
Let me take this opportunity to make reference to the general household survey of 2006, as released by Statistics SA in 2007. With regard to the report, we are informed about the challenges we all face as South Africans and, more importantly, that we face these challenges as a society rather than as parties opposing one another for political gain.
The report states that there were 18 292 000 children between the ages of 0 and 17 across the colour line in South Africa that year. Of these children, 614 000 - which constitutes 3,4% - were maternal orphans; 2 364 000 were paternal orphans; and 701 000 were double orphans. This total means there are 3 767 718 orphaned children in the country.
This report reflects how serious the challenge of nation-building is for this nation as we continue to seek solutions to child poverty and other matters affecting South Africa's future nation, our children. Other key challenges facing the children of South Africa include HIV and Aids ... how many minutes do I have left? Oh, half a minute. They include HIV and Aids, low birth weights, diarrhoeal diseases, respiratory infections and so on.
Investing in children in South Africa has enshrined children's rights in the Constitution, the supreme law of this country, that was designed to respect, protect, promote and fulfil the rights of all people of this country. This commitment resonates strongly with international sentiments as articulated by the United Nations. I will not go into that any further because there isn't time. This is also articulated by the United Kingdom, the United Nations Children's Fund and the World Health Organisation.
I haven't touched on all my points. I would like to conclude ...
Conclude, hon member.
I would like to conclude by saying that the ANC supports the Minister in her endeavours to change the lives of the people of South Africa for the better. The ANC manifesto reads ...
Your time has expired.
Thank you, Chairperson. [Applause.]
Hon member, in fact you wasted some of your time by saying your time had expired when it had not expired. [Laughter.] And just a word of congratulations since we started this debate hon members have refined their skills of huddling and whispering so perfectly that they now do this without destabilising the debate. I want to congratulate you on that. [Applause.] In fact, I am so persuaded the proceedings would proceed, I could leave the Chair without a Chair if nature called. [Laughter.]
Chairperson, hon Minister and Deputy Minister, hon members and all invited guests, there is no life without women. That's a sure fact.
Gender equality and the wellbeing of children go hand in hand. Gender equality furthers the cause of child survival and development, and produces a double dividend in that it benefits both women and children. Healthy, educated and empowered women have healthy, educated and confident daughters and sons. Gender equality will not only empower women to overcome poverty and live full and productive lives, but will better the lives of children, families and countries as well.
Women's equal rights and influence in key decisions that shape their lives and those of children must be enhanced in three distinct areas: the household, the workplace and the political sphere. Former President Thabo Mbeki said in 1998: When we are measuring our progress, we must measure it against the progress we make among women. The majority of the poor are women, particularly rural women, particularly black women. Sadly, 12 years later, this is still the case.
The feminisation of poverty is a growing phenomenon and women are increasingly the ones who suffer the most in poverty.
We now have a Ministry of Women, Children and People with Disabilities and, quite frankly, one doesn't know whether this is to be celebrated or not. The budget that's been allocated to the Ministry is disheartening. The UCDP believes that we must go back to the drawing board and properly conceptualise this Ministry and what it is expected to do and how it should go about doing it.
The biggest obstacle to gender equality has not been a lack of gender- sensitive legislation, but implementation. And the Ministry needs to be properly constituted, properly placed, and properly mandated and capacitated in order to tackle issues of implementation.
Notwithstanding this, the UCDP supports the Budget Vote, but maintains that gender equality is not only morally right, it is pivotal to human progress and sustainable development. Achieving Millennium Development Goal No 3, promoting gender equality and empowering women will also contribute to achieving all the other goals: from reducing poverty and hunger, saving children's lives, improving maternal health, ensuring universal education, combating HIV and Aids and malaria and other diseases to ensuring environmental sustainability. Still, again, we support the Budget Vote. Thank you. [Time expired.] [Applause.]
Chair, hon Minister, hon chair of the portfolio committee, hon members of the portfolio committee and ladies and gentlemen, in 1999 the United Nations declared that South Africa had the worst conditions of poverty for people with disabilities.
Now today my subject is disability, and from the word go I want to say that I support this budget, though it is way below our expectations and what we think the challenges are.
Immediately after the United Nations declared South Africa as having the worst conditions of poverty for people with disabilities, a desk for the disabled was established in the Office of the Presidency. We celebrated because we thought the desk had been elevated to the highest level and highest office of the nation and that, as a result, it would receive the attention it deserved.
Today it has been moved out of the Presidency and a Ministry has been established, and we are hoping that because it is now a Ministry, it will be afforded the necessary capacity and resources that it needs. I must say that we hope that this will be addressed in time because it is indeed way below our expectations.
Before I go further, I just want to quickly outline what we mean by disability. We mean physical disabilities - speech, sight, hearing - and we mean mental, emotional and intellectual disabilities. People must be aware that if they allow their emotions to run away with them, they could fall into these categories. [Laughter.]
The definition of disability is twofold: welfarist and philanthropic. "Welfarist" is when you receive grants from a state welfare system like ours; and philanthropic is when you receive donations from kind and compassionate members of society, including the private sector. That is fine because it does help the disabled, but it does make the disabled dependent. That is perpetual because the dependency syndrome is not resolved.
Today, in South Africa, there are some statistics, like those of the South African census, that say there are 2 million disabled people. Other calculations extend this figure to 4,5 million. Of the 2 million on state welfare or grants, about 1,3 million disabled people are recipients. So, you can see that there is a heavy dependence on the government.
The other definition says: Create the right environment for disabled people and they will be able to be productive and to contribute to society. In fact, some great people, like President Roosevelt of America, were disabled people. He sat in a wheelchair, and because people always saw the top half of his body, they were not even aware that he was disabled.
There are many others in history who contributed, not just to society, but to the history of the development of mankind. So, we encourage the second definition of creating the right environment. This is because the environment is designed to suit the needs of able-bodied people. And disabled people are saying, inasmuch as you have designed the environment, whether it is a work, school or sports environment - all kinds of environments - it is actually designed to suit the needs and interests of able-bodied people.
I must warn everybody because today you never know - from the lifestyles we lead, the car accidents we could have, the food we eat, the wars we fight and the crime we are exposed to - what fate will befall you. In fact, I then argue that disability is the potential fate of 45 million people because anybody could end up disabled, though I don't wish that. Anybody could end up being disabled if the finger of fate pointed in that direction. So, it's better if we prepare the environment for disability, because we'll be preparing a better world for all of us.
I want to quickly go to issues of employment, which are very important. What you see happening today with disability is that there's a lot of prejudice and stigma around it. The history that we come from is one in which some children were hidden in their backyards so that society wouldn't ever see that they were disabled.
Today, we say: just create the environment. Disability is a phenomenon that we must accept as a society, as the human race, and we must deal with it because it is there. And I've told you - it is increasing all over the world. Today the world has about 1,2 billion people with disabilities, and that number is increasing at a very fast rate because of the lifestyles we lead. I've said what I mean by that.
In places of employment the quota says that we must employ 2% disabled people nationally - in the public and private sectors. Even in the public sector the 2% has declined. Only 0,5% of people with disabilities are employed. This is because a lot of companies and even a lot of us in government are not willing to employ people with disabilities and give the necessary backup to people with disabilities to be enabled in their job situations.
When things are done for disabled people, you get the feeling that a big favour has been done for them. When you create the right environment for able-bodied people, they just say that they need office equipment and stationery for their offices. That's the normal thing: to buy stationery. These are the necessary devices and aids even for the disabled, inasmuch as you need stationery and office equipment to operate properly. Even disabled people need those devices and aids - stationery and office equipment - that are specially designed for their needs. So, all we are asking is for people with disabilities to operate properly at schools. Teachers must be properly trained to teach people with disabilities, because we want them to go into mainstream education and be in class and compete just like all other students are competing. I can tell you some of them would beat you in mathematics and science. [Laughter.] [Applause.] We want to say, finally, that the United Nations Convention has a treaty and South Africa today is a signatory to that treaty. The Minister did touch on this. The treaty is about enforcing human rights for people with disabilities all over the world, because they are not subhuman, though, at times, you get the sense that they are actually subhuman. They are fully- fledged human beings, and they have human rights and those human rights must be protected.
The treaty is about that, and we are a signatory to it. In South Africa there must be an Act on disability. This is still being prepared. The debate about the Act is whether the Act must be a stand-alone Act on disability or whether, because this is an issue that cuts across other Ministries, legislation should be effected in Health, Housing, Education, Labour and many other Ministries.
I'm just mentioning that. We're going to legislate on disability because we are signatories to the treaty on human rights for the disabled. Chair, I want to thank you for affording us the opportunity to present our case, and we support the Budget Vote. [Applause.]
An additional minute has been added through the generosity of the hon Robinson to the hon P C Duncan. [Applause.]
Voorsitter, ek wil my opregte dank uitspreek teenoor die parlementre navorserspan bestaande uit Kashifa Abrahams, Crystal Levandale, Gary Rhoda en Tasneem Matthews, onder leiding van die senior navorser, Joy Watson, in besonder vir hul doelgerigtheid en vir die uitstekende navorsingswerk gelewer aan die Portefeuljekomitee oor Vroue, Kinders en Mense met Gestremdhede.(Translation of Afrikaans paragraph follows.)
[Mrs P C DUNCAN: Chairperson I would like to express my sincere gratitude to the parliamentary research team comprising Kashifa Abrahams, Crystal Levandale, Gary Rhoda and Tasneem Matthews, headed by the senior researcher, Joy Watson, specifically for their sense of purpose and for the excellent research work produced for the Portfolio Committee on Women, Children and People with Disabilities.]
Many thanks also go to Ms Barbara Thomson, our chairperson. She is the most impartial chairperson that I have met in my political career. It is a great disappointment that the previous Office on the Rights of the Child, Office on the Status of Women and Office on the Status of Disabled Persons that were initiated during the first democratic parliamentary period since 1997, and irrespective of being placed under the highest authority of our country - being the Presidency - lacked sustainable political will. This lack of political will is especially evident in the inability of the Presidency to capacitate and use these structures optimally in achieving the desired impact right through to the period of the Fourth Parliament. So the national ANC-led government, without question, has failed women, children and people with disabilities.
Was there really a need for a new Ministry if the introduction of a new Ministry, in essence, is still the same as the previous structures? I will be so bold as to say no, because the structural changes to a Ministry do not ensure better or more dedicated specific service delivery to these sectors. Instead, it means that money must now be used to physically establish a completely new department, to recruit critical skills and competencies, as well as for personnel compensation. We must stop reinventing the wheel.
Would it, then, not have been better to improve the old structures and to have left them under the highest authority of the country, namely the Presidency? The Ministry and department have now been established by the President, so it is probably unlikely that the functional responsibility of staying in the Presidency will be reconsidered strategically. This new Ministry, therefore, will have the unresolved challenges the previous structures had, as well as added ones, such as the Commission for Gender Equality.
Having said this, it is thus important to highlight some of the areas that need urgent attention should this new Ministry and department be expected to function optimally. Firstly, the lack of adequate resources, both financial and human, to deliver on South Africa's international and national gender, disability and children obligations must be resolved as a matter of urgency. The R97,8 million budget allocated to the department, inclusive of the R51,9 million for the CGE, constitutes 0,02% of the total appropriation of all departmental Votes. It is one thing to put a structure in place, but it is quite another to demonstrate that the structure is able to sustainably perform its mandate, especially if the mandate is extended.
Secondly, the report of the Auditor-General reveals ... Sorry, there goes my one minute. [Laughter.] For example, additional tasks added to the Ministry are that of the management of the relationship between government and the CGE through a transfer payment, something which was not part of the previous structure. The management of this relationship in itself requires dedicated personnel, especially in terms of the Public Finance Management Act. The Public Finance Management Act indicates that it is the responsibility of the accounting officer for a department to ensure that expenditure of the department and the main divisions within the Vote are in accordance with the Vote of the department. This, in effect, means more responsibility for an already underresourced department. The department has accounting responsibilities for a Chapter 9 institution whose budget is even bigger than its own.
Secondly, the report of the Auditor-General reveals that they could not express an opinion on the financial statements of the CGE for the 2007-08 financial year owing to insufficient appropriate audit evidence as this could not be obtained, and this is a further great concern for the newly established Ministry. This opinion, in simple words, means wasteful and fruitless expenditure.
As the DA, we stand solid in combating corruption. I therefore express my discontent with the CGE. As an independent state institution, its primary function is the following: "The Commission for Gender Equality must promote respect for gender equality and the protection, development and attainment of gender equality." It is failing women's empowerment in gender equality in this country dismally, and its existence should be revisited without fear or favour.
When looking at the three sectors within the budget respectively, the women's programme has a mere R7,1 million, the children's programme the same, and the disability programme also has a budget of R7,1 million. Perhaps this increased budget could have improved on the 2008-09 budget of the old structures and be used to address the long-standing challenges of the lack of adequate human and financial resources far better.
According to the Ministry, it will take three years to fully establish the new department. This is a concern. Currently, the department is in a marginalised situation in terms of the broader budget allocations. I want to urge Treasury to reconsider the amount of R346 million that was originally proposed by the department, as the department intends working across all departments, as well as all spheres of government. This is something that the previous structures struggled with tremendously in terms of adequate human resources.
Furthermore, the department's mandate, in broad terms, is to deal with human rights concerns, which often remain marginalised in the mainstream of government work. The many manifestations of the marginalisation of human rights and equality concerns, as perpetuated by government itself, are unacceptable, and this must stop.
In my maiden speech, I said that the role and responsibility of all departments do not suddenly disappear with the emergence of this new Ministry. The responsibility is on the whole of government, if this new Ministry wishes to be a success. I also said that the bulk of the resources continue to be within all other departments in the different spheres of government, nongovernmental organisations and the private sector.
Having said the above, the department, after proclamation, now has the authority to hold all government departments responsible and accountable for delivery within their line functions. Departments are also responsible and accountable for allocating budgets for dedicated and mainstreamed actions so that the fulfilment of the rights of women, children and people with disabilities can be achieved. Surely, this must be supported.
Lastly, the government's adopting of an outcomes-based service delivery model has my dedicated support. This will give us the opportunity to measure whether the budget spending in all departments indeed has the necessary sustainable effect on the lives of all our people. I thank you. [Applause.]
Hon Chairperson, hon Minister, hon Deputy Minister, hon members, ladies and gentlemen, the department was established following the resolutions taken at the Polokwane conference of 2007. In his state of the nation address, the President said:
We are building a performance-oriented state, by improving planning as well as performance monitoring and evaluation. We also need to integrate gender equity measures into the government's programme of action. This action will ensure that women, children and persons with disabilities can access developmental opportunities.
This came about after the realisation that the previous Office on the Status of Women, the Office on the Rights of the Child and the Office on the Status of Disabled Persons had not adequately provided strategic leadership and management of the issues affecting these groups. Thus, the new Ministry will ensure that the necessary authority engenders government programmes, including empowerment and the development of children and people with disabilities.
My focus area is on the Commission for Gender Equality. The Commission for Gender Equality is an independent statutory body established in terms of section 187(9) of the Constitution of South Africa, Act 108 of 1996. In terms of the powers and functions of the Commission on Gender Equality Act, Act 39 of 1996, section 11(1) - I'm not going to dwell on all the functions but will mention just two - the commission "shall evaluate any Act of Parliament; any system of personal and family law or custom; any system of indigenous law, customs or practices; or any other law, in force at the commencement of this Act or any law proposed by Parliament or any other legislature after the commencement of this Act, affecting or likely to affect gender equality or the status of women and make recommendations to Parliament".
Secondly, the commission "shall monitor and evaluate policies and practices of organs of state at any level; statutory bodies or functionaries; public bodies and authorities; and private businesses, enterprises and institutions, in order to promote gender equality and may make any recommendations that the Commission deems necessary". These are some of the functions. I will not mention the other owing to time constraints.
This commission has since been placed under the women Ministry in terms of which the Portfolio Committee on Women, Children and People with Disabilities - which is already overloaded - will be required to perform oversight.
The amount of R48,3 million has been allocated to the Commission for Gender Equality under the women Ministry budget. Previously, the Commission for Gender Equality was funded by transfer payments from the Department of Justice and Constitutional Development under its annual and associated service programmes for the period 2009-10. No explanation was provided as to why the commission's budget was allocated in this Ministry. When the department was asked, it also could not provide us with an answer.
The Commission for Gender Equality has been unstable for quite some time. Different chairpersons, chief executive officers and commissioners have come and gone, hence the difficulty of accountability as to who should be held responsible. They have not been able to present their annual reports for two consecutive years. These were only handed in this week, Wednesday, 14 April 2010, and have not been formally presented to the committee. As for the financial statements, they have received qualified reports and now they have received an adverse report.
During their interaction at a meeting with the Standing Committee on Public Accounts, Scopa, to which the Portfolio Committee on Women, Children and People with Disabilities was invited, the commission could not adequately answer many questions put to them. It is evident from the response by the commission that they lack capacity and that there are no proper systems in place to enable them to meet their obligations. There seems to have been improper conduct, the misappropriation of funds and mismanagement by staff members at the commission. It is also not convincing as to why Treasury continues to allocate money to this commission when it continues to get the reports that it does from the Auditor-General.
The question is: How has the Department of Justice and Constitutional Development monitored the financial management and service delivery performance of the Commission for Gender Equality? Also, has the department ensured that this money was accounted for, as it should? No annual reports have been tabled for the commission against which to measure progress and expenditure.
It is not clear whether the Commission on Gender Equality has met its reporting obligations to the Portfolio Committee on Justice and Constitutional Development over the past three years. It is not clear the extent to which the Commission on Gender Equality has delivered on its mandate over the past three years, particularly as a result of the lack of reporting. It also means that the commission did not submit their quarterly reports in accordance with the Public Finance Management Act.
The Portfolio Committee on Women, Children and People with Disabilities still needs to get an explanation as to why and how the Commission on Gender Equality's budget was placed under this Ministry.
In conclusion, the lack of knowledge by the department concerning the CGE programmes, role and budgetary allocations leaves much to be desired, since the committee is concerned about the duplication between the CGE and the women's empowerment and gender equality programme. The ANC supports the Budget Vote. Thank you. [Applause.]
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: Chairperson, firstly, I wish to welcome and express appreciation for the presence of the President of the Pan-African Women's Organisation. [Applause.]
I also welcome and appreciate the vibrant debate and the spirit of today's maiden Budget Vote debate. I also take note of the input by hon members on the programmes and projects of the department. I wish to state that the department intends to make a catalytic project of the closing of the gaps in the provision of services and also in terms of projects that would make an impact on the three sectors we are representing.
We have heard the concerns on the state of affairs facing the Commission on Gender Equality and, I think, one must emphasise that we will be and are engaging the CGE on measures to resolve the challenges of this important Chapter 9 institution.
I also wish to reassure this House that we will follow through with the recommendations of the Standing Committee on Public Accounts, Scopa.
Irrespective of the challenges facing the CGE currently, the country cannot afford to lose an institution like this one. All of us need to work together, not just the department but also Parliament and civil society as a whole to ensure that we have a strengthened Commission of Gender Equality that has clarity about its mandate and that has the capacity to deliver on its mandate. [Applause.]
With regard to the limited resources given to the department, we note the concerns. But I want to reiterate what I said earlier in my opening input: that the amount allocated to the department and agreed to by Cabinet is limited as compared to the magnitude of the task of transforming our society for the benefit of women, children and people with disabilities. It is, however, the policy of our government to mainstream the programmes throughout government systems. So, on that issue, we have noted the concerns that have been raised by hon members.
On the question raised today as to whether we are better off now with the Ministry than before, I can say with confidence while standing here that indeed we are better off. [Applause.] Previously, we held offices called the Office on the Status of Women, the Office on the Rights of the Child and the Office on the Status of Disabled Persons and so on. Now we have a fully fledged Ministry and department that must drive transformation in our society to benefit the groupings that are represented. [Applause.] So, that is progress. That's progress we must appreciate.
The question is: How then do we build on this progress? How then do we do so collectively, all of us: the women of this country and our children who also have a voice and whose rights we must defend and advance, the people who are living with disabilities whose voice must be heard by all of us and whose interests must be advanced? We now have an institution in government that will help us to drive these processes. So, in my view, I stand here respectfully to say with the utmost confidence that we are indeed better off. [Applause.]
There is an article in the Mail & Guardian of today which raises issues about the severity of the underrepresentation of women in the private sector, which is a concern for all of us. Now, such a situation requires a political vehicle with which to tackle it. Therefore, in my view, the Ministry and the department are such a vehicle for transforming our society for the benefit of women, children and people with disabilities.
As women in this Parliament we will not wait another 30, 40 or 50 years for gender parity to occur. We will ensure that together, working with all the stakeholders in our country, we hasten the process of change for women and people with disabilities, focusing particularly on equity targets, amongst other things. We will certainly play our oversight role and ensure that the whole of government has programmes and funding benefiting women, children and people with disabilities.
The President has already stated a number of times that this Ministry has an oversight role. We have to ensure that that statement of the President is actualised. I think hon member Rwexana is mixing up issues by confusing the mandate of the Ministry with that of the portfolio committee. The hon member must refer to the statements made by the President, which give the complete mandate of why it was necessary for the ANC to establish the Ministry of Women, Children and People with Disabilities.
Furthermore, the provisions of our Constitution also assist in ensuring that the debate is taken forward, understanding that we need to move further in promoting and advancing the rights of women, children and people with disabilities.
Regarding the input by members about the mandate, I think I have said enough, but I want to acknowledge that there is indeed a difference between our expectations as women, children and people with disabilities and the legal documents that constitute the establishment of the department.
When the Ministry was established, there was a lot of debate on the merits of having a cluttered Ministry; on not having a single Ministry for women and so on. We have gone beyond that debate. We now have a Ministry that represents three groups in our society, and therefore we need to be concerned about how we strengthen the Ministry to meet the mandate and the expectations of the three groupings represented by this Ministry and department. [Applause.] So, I don't expect you to go back to that issue all the time. The Ministry has three groupings. That is the reality, and for the next five years we have to make the best of that reality in terms of ensuring that ... [Applause.]
I would like to reassure hon member Lebenya-Ntanzi of the IFP that we will not fail women, children and people with disabilities.
Your time has expired, Minister. Could you just conclude.
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: Thank you very much. [Applause.]
Hon Mayende-Sibiya, I am sorry but time was against you. Hon members, I also want to echo the sentiments of the Minister by welcoming the Madam President of the Pan-African Women's Organisation, all NGOs and CPOs that are in the gallery - and even the children there - representing these special categories of women, children and people with disabilities. [Applause.]
I also wish to announce that, after we have adjourned, the Minister will be handing over wheelchairs to certain learners in this venue. Members may wish to stay behind to witness the session. So, please, if you could, honour it, because people will be coming down from the gallery to receive the wheelchairs. So, please stay if possible.
Debate concluded.
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