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
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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