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Date
: 17/08/2004
Source: Ministry of Justice and Constitutional Development
Title: B Mabandla: Women celebrating a decade of freedom
ADDRESS BY MS BRIGITTE MABANDLA, MP, MINISTER FOR JUSTICE AND
CONSTITUTIONAL DEVELOPMENT: WOMEN CELEBRATING A DECADE OF FREEDOM,
National Assembly, 17 August 2004
Honourable Members
It is both an honour and a pleasure for me to take part in this
debate as we observe Women's month and reflect on some of the
important strides and victories women have achieved in the struggle
for the liberation of South Africans, in particular women.
I therefore dedicate my speech to the gallant struggles of the
women of South Africa. I identify Charlotte Maxeke as a patron of
justice for women. Charlotte Makgomo Manye was born at Ramokgopa in
Pietersburg in 1878. Around 1896 she met her husband Marshall
Maxeke while on a singing tour to the United States. She was
offered a scholarship to study in Cleveland, Ohio, at the
Wilberforce University. On her return in 1905 she got involved in
the struggle for justice. She was also involved in mass
demonstrations against the extension of passes to women. The most
famous of these was in 1913 in the Free State. In 1919 she was one
of the founders of the African Women League, a branch of the ANC.
She was also appointed president of the African Women's
League.
As a journalist Charlotte Maxeke wrote extensively about the social
conditions of African women in urban settings. In a seminal paper
she presented in 1930 at Fort Hare University, she linked
dysfunctional family life of Africans in urban areas with the
migratory labour system, in particular the restrictive regulations
that limited the free movement of African people. Many do not know
that as early as then she was critical of the judicial system. She
was aware of the difficulties of women in accessing work
opportunities in urban areas and of the abuse and contempt they
suffered at the hands of magistrates and judicial officers. She was
also concerned about the plight of children and called for the
establishment of juvenile courts to deal with the cases of children
in trouble with the law. Maxeke demanded that female magistrates be
appointed for such courts. In her critique of treatment of
juveniles as adults, she said: "Sending them to gaols and
reformatories was utterly ruinous."
Chairperson,
The establishment of the Federation of South African women in 1954
and the great march to the Union Buildings are also important
milestones in the victories of women for justice. For the women in
the ANC and the mass democratic movement prior to 1994, we were
guided by the programme of action adopted at the Malibongwe
Conference. The conference held in Amsterdam in 1990 recognised
that the emancipation of women "can only be addressed as part of a
total revolutionary transformation of the socio-economic relations
in South Africa. Our aim is to further chart the way for
mobilisation towards unity in action against apartheid and commit
ourselves to the creation of a united, non-racial, democratic and
non-sexist society." Extensive suggestions were made for the
protection of women against violence and for the promotion of their
safety. Similarly, extensive proposals were made for the welfare of
the children.
Chairperson,
From the activism and struggles of Charlotte Maxeke and the
leadership of the time, the mobilisation of women prior to 1994 and
to the present day efforts to address the question of justice for
women, I can boldly state that victories scored to date are a
result of consistency and progressive policies of the ANC. After
1994 we sought to advance women's rights as human rights. In other
words, that women have the right to equality, access to resources,
access to positions of leadership in both the private and public
sectors, freedom from want and poverty, right to health and
protection from violence and abuse.
The promotion and protection of women's rights enjoy priority
status in our governance structures and particularly in the
Justice, Crime Prevention and Security Cluster. In this we are
guided by President Mbeki, who in his opening address to the Second
Parliament in June 1999 said: "One of the central features of the
brutish society we seek to bring to an end is the impermissible
level of crime and violence. Acting together with the people, we
will heighten our efforts radically to improve the safety and
security of all our citizens."
Giving substantive effect to the women's rights that are protected
in our Constitution, we have passed a number of enabling
legislation addressing the difficulties that women face. The most
important of these relate to combating violence and abuse of women.
These include the Domestic Violence Act, which constitutes a
substantial broadening of the limited scope of its predecessor, and
recognises that domestic violence is a serious social evil, impedes
women's development and is an obstacle to achieving gender
equality. The Criminal Law Amendment Act regulates sentencing and
this ensures that judicial officers in serious cases have to apply
extremely strict minimum sentences unless substantial and
compelling reasons not to apply them prevail.
We are continuing with efforts to ensure that our people know about
these important laws. For the women to effectively utilise these
laws, they need to know about them. I am not convinced that women
in this country know enough about these laws. We need feedback from
the women affected by the laws. As we seek to consolidate the gains
made in the first decade of freedom, we therefore need to ensure
that we reach an ever-increasing mass of women, especially in rural
areas. Educating and raising awareness about Government programmes
and services is one of our primary mandates. It is therefore vital
that we find creative ways to ensure that all the citizens,
especially women in rural areas are fully aware of the various laws
and services that are critical to them.
We are also constantly reviewing and refining all our pieces of
legislation and our processes and making changes where necessary in
order to ensure greater positive impact on the lives of the women
who are affected by these laws. I must apologise to women of this
country that we still have on our statute books outdated and
discriminatory pieces of legislation such as the Black
Administration Act and the Succession Act. These are the kind of
laws that formed the core of the legislation propping up apartheid.
You will remember that over the years, an in particular at the
Malibongwe Conference, we identified the two pieces of legislation
particularly oppressive to women. Indeed Charlotte Maxeke also
spoke out about similar laws. I intend to address this as a matter
of urgency. The reason for the delay may well be that there is a
predominance of interest groups instead of ordinary people in the
inputs for the development of our legislation. The reason I spoke
of origins of reforms in the judicial system is that people were
closely involved. It is therefore important that even today women
remain involved in the development of policies. We acknowledge that
many people cannot afford to come to Parliament and make direct
representation because of lack of resources and being caught up in
survivalist activities. We shall work closely with the women fora
and community based NGOs can help in the mobilisation of women
indabas.
I therefore want to acknowledge and salute the powerful women's
formations that are working hard in our communities for the
advancement of women and in this regard I salute the ANC Women's
League. I also salute community workers who continue to address the
challenges posed by the scourge of abuse and sexual violence
directed at women.
In conclusion, lest we become complacent amidst the victories of
the not so distant past I would emphasise the continued need for
participation of women in the reformation, interpretation and
enactment of law. We, as participants in the advancement of women's
rights, must continue the progress that recently has been
achieved.
The challenge we are all facing, as we end of the first decade of
democracy in South Africa, is to ensure that justice is accessible,
fair, speedy and cost effective. To do this we need to ensure that
services that government delivers reach the people that need it the
most, especially in rural areas where the need is greatest.
Thank you.
Issued by: Ministry of Justice and Constitutional Development
17 August 2004
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