State parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and in particular, shall ensure to women, on equal terms with men, the right:
Under the new Constitution all South Africans over the age of 18 are eligible to vote and to be elected. In the 1994 elections, the adoption of a quota by the now-ruling African National Congress led to a dramatic increase in the representation of women in parliament. South Africa is now among the top ten countries in the world in this regard.
However, the farvour to increase the representation of women tapered off in the subsequent local government elections. There are suggestions that many women parliamentarians will not run for a second term, and that different electoral arrangements in 1999 may not be as favourable to women as in the first democratic elections. These are a cause for concern.
Women are still under-represented in other areas of public life. As part of its affirmative action policy, the government has set targets for increasing the representation of women in the Public Service - the domain in which it has the most control. The Department of Labour’s new Employment Equity legislation aims, in part, to increase the representation of women in decision-making levels in both the public and private sector.
Parliamentary representation
South Africa emerged from international isolation with the holding of its first democratic elections in April 1994. The elections were contested on the basis of an Interim Constitution agreed upon in the course of multi-party negotiations that spanned nearly three years. Women scored a significant victory in the requirement, during the final stages of the negotiations, that each delegation to the negotiations have at least one woman representative.
Under the terms of the interim constitution, the 1994 elections were held on the basis of a proportional representation system in which seats were allocated to parties according to their percentage of the vote. The elections were for a National Assembly (comprising 200 seats from regional lists submitted by political parties) and a 90 seat Senate (consisting of ten senators from each of the nine provinces). Elections for the nine provincial legislatures were held simultaneously with the national elections.
In 1992 the ANC held its first national conference inside the country after many years in exile. At the conference a strong women’s lobby succeeded in pushing through a resolution that at least one third of the party’s candidates in the first democratic elections be women. Largely as a result of this provision, 111 out of the 400 National Assembly seats, or 27% of the total, are currently held by women. This compares with less than 3% prior to South Africa’s first democratic elections.
Of the 111 women MPs, 20 are from opposition parties: 9 from the National Party, 9 from the Inkatha Freedom Party 1 from the Pan Africanist Congress (PAC) and 1 from the Democratic Party.
Women in the National Assembly
Party Seats Women African National Congress 252 90 National Party 82 9 Inkatha Freedom Party 43 10 Pan Africanist Congress 5 1 Democratic Party 7 1 African Christian Democratic Party 2 0 Total 400 111
A similar pattern is reflected in the provincial legislatures in which women comprise 102 (24%) of the 425 members.
Women in Provincial Parliaments
Province Seats Women Gauteng 86 25 Western Cape 42 10 Kwa Zulu Natal 81 11 Northern 40 11 Mpumalanga 30 6 North West 30 11 Free State 30 7 North Cape 30 7 Eastern Cape 56 14 Total 425 102
Each province put forward ten senators in the elections to the senate. Here representation of women tapered off to 17 out of 90, or 18%. Only two of the senators were from the opposition - one each from the National Party and Inkatha Freedom Party.
In the first two years after the elections, the National Assembly and Senate doubled as a Constitutional Assembly which finalised the Constitution adopted in May 1996. The new Constitution replaced the Senate with a National Council of Provinces consisting of 54 permanent representatives and 36 special delegates to be nominated from time to time by the provincial legislatures. The move has led to a reduction in the proportion of women representatives. The National Council of Provinces has only eight women representatives (15% of the total). All these representatives are from the ANC.
Decision-making positions in parliament
Both the Speaker and Deputy Speaker are women. The Speaker of the Free State legislative asembly is a woman. The deputy speakers of Gauteng, Northern Province and Western Cape are women. Eight of the chairpersons of select committees in parliament are women.
Gender institutional framework in parliament
Three groups have been established in parliament to strengthen women parliamentarians and to ensure that gender issues are systematically taken into account in all legislation.
The Ad Hoc Joint Committee on Improvement of Quality of Life and Status of Women
This body includes women and men representatives from all parties. It was constituted in August 1996 with the following terms of reference:
to monitor and oversee progress with regard to the improvement of the quality of life and status of women in South Africa, with specific reference to the government’s commitments in that regard made in Beijing, and with regard to the provisions of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The Committee has the power to take evidence and call for papers.
Among tasks which the Committee has undertaken or set itself are:
assessing the inputs into South Africa's first CEDAW report, and alerting Committee Chairs to the commitments made by the government in terms of CEDAW and the Beijing Platform for Action; analysing the budget to assess the extent to which various departments use their budgets to prioritise and implement provisions which would lead to an improvement in the lives of women; and identifying priorities for improving the quality of life and status of women within existing legislation and proposed legislation, and identifying any gaps which might exist.
The Women’s Empowerment Unit (WEU)
The WEU is a project of the Speakers Forum, the body which brings together speakers from the national and provincial legislatures. The WEU aims to identify and address specific factors which hinder women from participating fully in the law making process. A small office is being set up in the office of the Gauteng Deputy Speaker who chairs the Speaker's Forum sub-committee on the WEU. This office will initiate a training needs assessment and design programmes around these needs. A three year project funded by SIDA, the WEU will also offer comprehensive training to new MPs and Members of Provincial Legislatures (MPLs) after the 1999 elections.
The Parliamentary Women’s Group (PWG)
The PWG is a multi-party women’s caucus founded in 1994 with the objective of making the environment in parliament more gender sensitive. Areas of activity include:
institutional transformation: making parliament a more gender sensitive environment; capacity building: working with the WEU in skills training; lobbying and caucusing around key legislation for women; and assisting the provinces in establishing similar structures.
Gender machinery in provincial legislatures
At present, most of the women's caucuses in the provinces function on an informal basis. A few provinces have standing committees on gender, or sub-committees which address gender issues.
Impact of Women Parliamentarians
The Constitution
As members of the Constitutional Assembly, women parliamentarians played a key role in ensuring specific provisions for gender equality; affirmative action; freedom and security of the person; socio-economic rights; and the provision that the equality clause in the bill of rights take precedence over contradictory provisions in Customary law (see Article 2).
The budget, legislation, and international conventions
A report commissioned by the Speaker on "What the SA Parliament has done to improve the quality of life and status of women in SA" - released on 8 March 1996 - highlights the many achievements of women parliamentarians. These include:
support by the Joint Standing Committee on Finance for the Women’s Budget initiative, a joint initiative of the Gender and Economic Policy Group of that sub-committee and two non-governmental organisations, the Institute for Democracy in South Africa, and the Community Agency for Social Enquiry; ratification of CEDAW, without any reservations, on 15 December, 1995; the enactment of legislation establishing the Commission on Gender Equality, a body with few parallels internationally, which has widespread powers to ensure that the constitutional provisions for gender equality are realised; recognition of 9 August - the anniversary of the historic march by women against pass laws during the apartheid era - as a holiday. While South Africa celebrates international women’s day on 8 March, the South African Women's Day on 9 August is one with which women around the country identify more closely. 9 August has become an important occasion for reminding the government of its commitment to gender equality under the Constitution and CEDAW. introduction of separate taxation for married men and women; and provisions for ownership by women in land and housing legislation.
Subsequent to the publication of the above report, women parliamentarians have played a critical role in lobbying on other key gender issues. On some of these issues there were divergences of views between women in different political parties, and even within the same parties. Some of the key achievements have been the passing of Termination of Pregnancy Act (see Article 12), arguably one of the most important achievements of and for South African women; and the inclusion of gender considerations in criteria for the Film and Publications Act (see Article 5).
Parliamentary/NGO Task Force on Violence Against Women
This task force, formed in 1997, brings together parliamentarians, parliamentary staff, and NGOs. It is a unique example of women parliamentarians breaking down hierarchical barriers and working hand in hand with civil society to raise awareness on one of the worst scourges facing women in South Africa. The task force has worked closely with the Department of Justice in its campaign to eradicate violence against women (see Recommendations 12 and 19).
Transformation of parliament
A number of changes have been introduced to make parliament more gender sensitive. These include:
a re-examination of the working hours of parliament to accommodate the fact that many women have domestic and child care responsibilities. Where possible, parliamentary recesses have been aligned with school holidays; an increase in the number of toilet facilities for women (there were virtually none after the elections!); a creche for the children of parliamentarians and parliamentary staff; a more relaxed dress code; and gender-sensitive language in the drafting of legislation
Issues still needing attention
Despite these achievements, there are a number of concerns.
Disillusion among women parliamentarians
A recent study on women in politics in South Africa by an American PhD student found that more than half the women parliamentarians interviewed do not wish to run in the 1999 elections. Among the preliminary findings of the survey, which included interviews with one third of women from all the political parties, as well as a handful of males from each political party, were:
Conflict between work and domestic responsibilities: Despite the changes in hours, the fact that parliament is based in Cape Town means that women parliamentarians often have to be away from home. They complained that marriages were breaking up, friends were abandoned and children were feeling neglected; Alienation: many women politicians suffer from a sense of alienation and burn out. One opposition parliamentarian is quoted as saying: "I am not a politician. I am a community person. I am too honest to be a politician and find most of this frustrating"; Unchanged processes: While the environment of parliament has become more gender friendly, the processes remain fundamentally unchanged. According to the preliminary findings: "Most of the women who will be leaving parliament have indicated that the institution does not have a place for their voice, that they have been and can be more effective on the ground, and that the disproportionate burden they carry in parliament and in their personal lives has led to a sense of alienation and a feeling of burnout. Several women have adapted well to the process and environment; however these are not necessarily the most representative women in terms of socio-economic, educational or ethnic background"; Lack of skills: Many women felt they lacked the requisite skills for dealing with parliament (English, public speaking, management, financial, parliamentary procedures; The attitude of men: Women from all parties stated that men in parliament are outwardly supportive of women. However, most women believed that men are not genuine in their approval and most are not proactive in their support. A few referred to discriminatory comments or jokes. One woman spoke of "sexual harassment", but was referring to experiences of members of staff rather than her own. Women from every party except the PAC spoke of male resistance. Male parliamentarians said they would never do or say anything that is discriminatory, but agreed that the depth of male support is shallow.
While some of these difficulties might be shared by men who have entered parliament since the 1994 elections, they are often specific, or particularly acute, for women. The report on the study noted: "What has been the single most striking difference in the interviews with men is that they rarely mention their personal lives as challenges or obstacles to their participation. Another striking difference is that they feel they have a voice in government and an influence on its direction."
Weakness of gender structures
Other questions have been raised regarding the commitment of parliament to fundamental transformation. For example, the Committee on the Quality of Life and Status of Women is an ad hoc committee, which suggests that it has a limited life span. The status of the committee also limits its access to resources. The Parliamentary Women's Group is still not formally recognised. This means that it has no budget, and that meetings have to be held over lunch hours or after hours.
Electoral system in the 1999 elections
More worrying are the signs that there could be a significant drop in the representation of women in parliament in the next elections. This is compounded by the likelihood that the 1999 elections will not be held purely on a proportional representation basis, a system which world-wide and in South Africa has been shown to favour women.
Under the Constitution, the electoral system still has to be prescribed by legislation. The electoral system has to "result, in general, in proportional representation". This is widely interpreted to mean that the electoral system will be a combination of the list and constituency based system, similar to that which pertained for the local government elections and which resulted in a reduction in the representation of women at local government level (see local government section under this Article).
Actions taken
Strengthening of structures in parliament
In March 1997 the three gender structures in parliament met to rationalise their functions and devise complementary Plans of Action to ensure the effective representation of women in parliament, as well as the integration of gender considerations into the legislative process. Among the recommendations of the workshop were that the ad hoc committee be made a permanent standing committee and that the PWG be officially recognised. It is envisaged that the WEU will play an important role in providing relevant training and support for women parliamentarians.
Campaign in advance of the 1999 elections
The PWG has launched an awareness campaign on the dangers of a decline in the representation of women in parliament in the next elections. This campaign is also likely to be taken up by the Commission on Gender Equality.
Pressure on political parties
Political parties will have a major role to play in ensuring a critical mass of women in the next parliament, and in devising an electoral system that encourages women to participate in politics. The above-mentioned study shows that one positive effect of the quota set by the ANC is that opposition parties are under pressure to increase the number of women parliamentarians they field, even if they are still opposed to an actual quota.
Representation of Women in Cabinet
There has been a steady increase in the number of women ministers and deputy ministers in the South African cabinet since the elections. The immediate post election cabinet consisted of three women ministers out of a total of 27 ministers and three women deputy ministers out of a total of twelve deputy ministers (altogether, six out of 39). Prior to the elections there was only one women minister and one deputy minister.
In a cabinet reshuffle in March 1996, President Mandela named three new women deputy ministers. Following the withdrawal of the National Party from the Government of National Unity on 9 May, one woman deputy minister was promoted to minister and two more women deputy ministers named. The number of ministries has been reduced to 25 and deputy ministries increased to 13. This means that there are now a total of four women ministers out of 25 and eight deputy ministers out of 13; or a grand total of 12 out of 38. Put differently, women now constitute 31% of ministers and deputy ministers, compared to 15% after the elections.
Women ministers have played an important role in advancing gender issues. The Minister of Welfare and Population Development played a key role in lobbying for the establishment of national machinery for advancing gender equality and for the gender and macroeconomic pilot study which South Africa has initiated with the Commonwealth Secretariat (see Article 2). Her ministry also co-ordinated the writing of the CEDAW report while the Office on the Status of Women was being established. The Minister of Health, who led the South African delegation to Beijing, has moved swiftly to introduce a primary health care system with major benefits for poor rural women, and spearheaded the controversial Termination of Pregnancy Bill through parliament. The Deputy Minister of Justice initiated the campaign on violence against women in her ministry. The Deputy Minister of Trade and Industry has taken up issues of women in business and in particular, in small and medium scale enterprises. The Deputy Minister of Finance is playing a key role in the gender and macroeconomic policy pilot study.
These few examples show that having women in cabinet is key to putting gender issues on the agenda. The President and Deputy President have indicated that they are committed to achieving gender parity in cabinet.
In announcing the additional women ministers and deputy in mid-1996, President Mandela remarked explicitly on the significance of their appointment:
With the latest appointment into senior positions in the executive ..., we have taken another step to address the national challenge of the emancipation and empowerment of women.
It goes without saying that we are still not satisfied with the progress we are making in this regard and will therefore continue to attend to this important matter within the context of our possibilities.
Without in any way minimising the importance of any Ministry, I would nevertheless like to refer to the reality of the role of the women leaders of our country in some of the ministries that are critical to job creation, and the improvement of the quality of life of the people, including Housing, Public Enterprises, Health, Agriculture, Public Workers, Welfare, Trade and Industry, Minerals and Energy and Finance.
I am confident that the newly appointed Ministers and Deputy Ministers will carry out their responsibilities with the seriousness and dedication to which we have become accustomed.
Provincial Leadership
One of the nine provincial premiers is a woman.
Women in Local Government
South Africa’s first democratic local government elections were held in 1995 in seven of the nine provinces, on a part constituency, part list system. 19% of those elected in rural and urban areas were women. 14% percent of positions at executive level are held by women. The local government elections for the remaining two provinces were held in 1996.
The figures on women’s representation at local government level, while lower than those at national or provincial level, still compare well with global statistics. The average for OECD countries is 3% lower than that for South Africa. In the developing world South Africa ranks third, after Guyana and Trinidad and Tobago. The difference between the proportion of women in seats contested on the basis of proportional representation (28%) and those won on a ward or constituency based basis (11%) raises concern around possible forms of a new system at national and provincial level.
Women’s percentage of seats won in 1995 local government elections
| Proportional | Ward | Overall | Unknown | |
| Eastern Cape | 32% | 17% | 26% | 18% |
| Free State | 32% | 8% | 18% | 1% |
| Gauteng | 28% | 12% | 20% | 1% |
| Mpumalanga | 32% | 7% | 20% | 1% |
| North-West | 29% | 11% | 19% | 3% |
| Northern Cape | 19% | 11% | 15% | 1% |
| Northern Province | 24% | 9% | 15% | 1% |
| Western Cape | 19% | 13% | 15% | 1% |
| Total | 29% | 11% | 19% | 5% |
Note: Elections for KwaZulu-Natal and parts of Western Cape were only held in 1996
A report of the Local Government Information Centre (LOGIC) of IDASA suggests the following reasons for the lower representation of women in the local government elections:
Party bias towards male candidates: only the ANC had a formal policy on gender, and this focused more on the proportional representation than on the ward seats. This, the report says, "is consistent with international trends and is generally attributed to parties not wanting to risk losing seats by forwarding women candidates, especially in ward elections";
Administrative shortcomings: the report notes that the Local Government Transition Act (1993) does not impede the representation of women but nor does it actively encourage it;
Status of traditional leaders: the report argues that the status of traditional leaders, either in ex officio status or as an interest group, is a deterrent to the participation of women in local government.
The entrenched patriarchal values held by many decision makers: in the electorate, councils, political parties and community;
Supply shortages: the report suggests that the influx of experienced and credible women leaders in political, public and private sectors may have caused a shortage of qualified women candidates.
The gate keeping role of the public service: many women interviewed complained that they found it difficult to obtain key information on the election process.
The report comments that "given that women are typically the principal care givers in households, they are "probably best suited to mould the benefits of local government in a far reaching manner." It concludes that "the under representation of women in local government is a concern of weight."
South African Local Government Association
The South African Local Government Association (SALGA) is an umbrella group for local government authorities. SALGA has as one of its objectives to promote gender equality and ensure the full participation of women in local government. A gender sub-committee of SALGA has held workshops around the country in which two main themes have emerged: the need to increase the representation of women in local government, and the need to ensure the qualitative and strategic participation of present councillors - in particular women - in local government.
Among programmes initiated by the sub-committee are gender audits of local government structures; training programmes; research and advocacy. The sub-committee told the CGE Information and Evaluation workshop in May 1997 that one of its key achievements so far has been "building awareness of the need to address gender equality and equity within Local Government structures".
Women in the Public Service
This is covered under Article Four.
The Judiciary
Of the 18 judges of the Appellate Division of the Supreme Court of South Africa, none are women. There are two women judges of the ten appointments to the Constitutional Court. The Land Claims Court has one woman out of five judges and there is one women on the Labour Court. Of the 55 judges in the Transvaal Division of the Supreme Court, four are women. There is one women out of 25 in the Western Cape and one out of 22 in Natal. The other six divisions - with 48 judges between them -have no women. Of the total of 186 judges, 156 are white men, 20 are black men, 7 are white women and three are black women.
The following tables reflect the gender composition of court personnel at lower levels and in public bodies falling under the Department of Justice. In general staff components reflect gender disparity, with the majority of staff being male particularly at the higher levels.
Magistrates
| Rank | Total | Women | Men |
| Chief Magistrate | 36 | 2 | 34 |
| Senior Magistrate | 174 | 7 | 167 |
| Magistrates | 1174 | 56 | 1119 |
Prosecutors
| Rank | Total | Women | Men |
| Attorney-General | 10 | 0 | 10 |
| Senior Prosecutor | 80 | 28 | 52 |
| Prosecutor | 1606 | 679 | 927 |
Family Advocates
| Rank | Total | Women | Men |
| Senior Family Advocate | 4 | 3 | 1 |
| Family Advocate | 14 | 7 | 7 |
Court Interpreters
| Rank | Total | Women | Men |
| Chief Inspector of Interpreters | 6 | 0 | 6 |
| Inspector of Interpreters | 4 | 0 | 4 |
| Principal Interpreter | 58 | 2 | 56 |
| Senior Interpreter | 613 | 53 | 513 |
| Interpreter | 413 | 126 | 287 |
Public bodies
| Body | Total | Women | Men |
| Human Rights Commission | 10 | 5 | 5 |
| Commission on Gender Equality | 12 | 10 | 2 |
| Truth and Reconciliation Commission | 15 | 4 | 11 |
| Magistrates Commissions | 10 | 0 | 10 |
| Judicial Services Commission | 8 | 2 | 6 |
| Public Protector | 1 | 0 | 1 |
| South African Law Commission | 7 | 2 | 5 |
In August 1996 the Department of Justice participated in the African Conference of the International Association of Women Judges held at Kampala, Uganda. The establishment of a Southern African Women’s Judges Association was discussed and women judges were also urged to consider forming their own associations in their own countries. The Deputy Minister, Dr Mantho Tshabalala-Msimang, recently convened a meeting to canvas this possibility. A meeting of women judges and magistrates will be convened in the future to explore the establishment of a national forum of women judicial officers and to consider joining international associations.
Women in decision making positions in the private sector
As in the case of the sectors reviewed above, women in the private sector congregate in the administrative and support positions. Under a quarter of those employed in management positions are women. Only 9% are African women. Men predominate in the positions which have the greatest decision-making power and control over resources. The private sector will be covered by Equal Opportunity legislation being prepared by the Department of Labour (see Article 11).
States Parties shall take all appropriate measures to ensure to women, on equal terms with men, and without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organisations.
United Nations structures
South Africa, through its missions in New York, Geneva, London, Paris and Addis Ababa, participates in United Nations (UN) committees and meetings concerned with the empowerment of women. The committees include:
the Commission on the Status of Women (CSW); the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW); Instraw - the United Nations International Research and Training Institute for the Advance of Women; and the Africa Regional Coordination Committee for the Integration of Women in Development (ARCC).
South Africa has been elected to the Bureau of the ARCC and plans to lobby for a position in the Commission on the Status of Women (CSW) when it holds elections in March 1998.
Participation in International Events
Beijing Conference
The Fourth World Conference on the Status of Women was held in Beijing from 4-15 September 1995. The Beijing delegation was led by the Minister of Health, Dr Nkosazana Zuma. The Conference provided an official opportunity for the women of the new democratic South Africa to represent the country abroad on the issue of women’s human rights.
The Beijing Conference was preceded, inside the country, by extensive liaison between the different levels of government, national and regional NGO structures, representatives of the labour movement and religious structures. South Africa also liaised and coordinated with the following international groupings:
Other international events
South Africa has also participated in other events focusing on women’s rights. For example the Minister of Welfare and Population Development attended the Pan African Conference on Peace, Gender and Development in Kigali. The Minister of Welfare and Population Development also led the South African delegation to the Fifth Commonwealth Conference for Ministers Responsible for Women’s Affairs in Trinidad and Tobago in November 1996.
Regional activities
South Africa has participated actively in the regional activities around gender. These included attendance at the SADC Gender Strategy Workshop in Johannesburg, in January 1997 and the Ministerial Workshop on Gender in Windhoek, February 1997.
The Windhoek meeting recommended that gender structures be established within the SADC as follows:
The 1997 SADC Consultative Conference agreed that the SADC would:
Women in South African foreign missions
The historical position
Historically women played a secondary and supportive role in the representation of South Africa in the international arena. It was only in 1968 that women were permitted to be diplomats, and then only if they were white and single. The first woman diplomat was appointed in 1972. In 1981 the decision to allow women to be diplomats was reversed. Women could again only be appointed to consular positions. In the middle 1980s the decision was once more reversed.
This inconsistent policy meant that women fell behind their male colleagues, and also had to deal with negative perceptions regarding women’s role and professional contribution. The first woman ambassador and first woman consul-general were only appointed in 1988.
The current position
12 of South Africa’s 92 (13 percent) of foreign missions are currently headed by women. The women heads are found in Berne, Bonn, Brussels, Chicago, Dar-Es-Salaam, Frankfurt, Hong Kong, Kuala Lampur, Paris, Rome, Vienna and Walvis Bay.
Overall 40% of South African staff in foreign missions are women. The majority are white women, who account for 36% of total staff. White men account for 43% of staff. Representation of women is lower at higher levels such as head of mission. Conversely, women account for 97% of foreign assistants.
Women in South African foreign missions
| Rank | % women |
| Head of mission | 13% |
| Foreign service officer | 26% |
| Foreign administration | 44% |
| Foreign assistant | 97% |
| Other | 25% |
Up to 1988 women diplomats had to choose between a career and marriage. Today there is still discrimination when women in foreign missions marry foreign nationals, or fall pregnant. In the latter case, women have to return to South Africa early in the pregnancy. Also, when a couple is employed by the Department, one spouse (the ‘non-breadwinner’) receives a smaller allowances than if s/he is not married. The spouse of a Head of Mission may not work in the Mission at all.
Other obstacles to women’s full participation in the Foreign Service include:
Training
The Foreign Service Institute is responsible for diplomatic training. Two six-month programmes are run annually. Each programme accommodates approximately twenty-five officers. The table below shows that women accounted for 30% of those either trained or still to be trained in the period July 1995 to June 1997.
Training for diplomatic service
| Women | Men | Total | |
| Trained | 31 (23%) | 75 (56%) | 106 (79%) |
| Outstanding | 9 (7%) | 20 (15%) | 29 (22%) |
| Total | 40 (30%) | 95 (70%) | 135 (100%) |
Foreign trade missions
The Department of Trade and Industry has an extensive programme of outward trade missions every year. It is considering covering 80% of the costs of women travelling on trade missions. he Department takes great care when awarding export marketing assistance to ensure a mix of small and large firms, and that as many as possible of the participants are women. The last five trade missions included 32, of whom 20 were black. In addition, eight women (three black) participated in National Pavilions and 49 women (4 black) in individual exhibitions.
Citizenship
The pass laws and influx control regulations of the apartheid era severely restricted the movement of black South Africans. The homeland system effectively robbed 9 million black South Africans of their citizenship. Passports were frequently denied as part of the suppression of those opposed to apartheid. Black women were especially affected by these regulations which were designed to create a pool of (male) black labour for the white farms, mines and factories, while leaving women to fend for themselves in the impoverished and largely rural homelands.
The new South African Constitution provides that "All citizens are (a) equally entitled to the rights, privileges and benefits of citizenship and (b) equally subject to the duties and responsibilities of citizenship." The South African Citizenship Act (1995) confirms the citizenship of people resident in the former homeland areas. The South African Passports and Travel Documents Act (1994) confers on each South African the right to a passport.
Women have equal rights with men with regard to acquisition, change or retention of their nationalities. Marriage to a non-citizen does not affect a woman’s nationality. Citizenship is determined by birth or parentage. A mother’s citizenship carries equal weight with that of a father. Women do not require the consent of their husband or of a male guardian to obtain a passport or travel document.
Equal rights exist for spouses in obtaining residence and employment where a spouse is a non-national. The nationality of a child is determined by birth and parentage on an equal basis. Minor children have their own passports. Both parents’ consent is required, except where one parent has guardianship.
An important concern, raised in a review of the Department of Home Affairs in the second Women’s Budget is the almost complete dearth of gender-disaggregated data on these issues. There are no female-male breakdowns of principal applicants for citizenship, of those applying for refugee status or work and study visas, of arrivals by migration category, or of legal and illegal immigrants.
Immigration
Immigration is controlled by the Alien Control Act (1991) and the Alien Control Amendment Act (1995). These acts regulate migration through immigration, work and workseeker permits. The amendment provides the government with greater controls and powers of expulsion.
In the period since the 1994 elections there has been a dramatic increase in the number of illegal immigrants, although the actual numbers are unknown. Official figures range from 2 to 8 million. The definition is itself contested. The Centre for Policy Studies notes that there are many black foreigners who have been here for more than twenty years; own property and have married locals. They have therefore fulfilled residence requirements, but have not been granted a legal status of temporary or permanent residence. Other people classified as "illegal" come into the country for short periods - perhaps to trade - and have no intention on staying.
The review of Home Affairs in the second Women’s Budget notes that "while people who enter the country under the Aliens Control Act may eventually be granted the right to permanent residence, this is denied those whose status is governed by bilateral treaties with Southern African countries. An added gender dimension is that temporary contract workers, even if they have worked for twenty consecutive years in this country, are not allowed to bring their families over."
In 1996 the government granted an amnesty to nationals of the SADC region who could prove they had been resident in South Africa for five years or longer before July 1991, had no criminal record, were engaged in productive economic activities in South Africa, had a relationship with a South African partner or spouse, or had dependent children born or residing legally in SA. The majority of those qualifying for this amnesty would be men who had worked on South African mines.
As noted, gender disaggregated statistics on illegal immigrants and those granted amnesty are scarce. The Women's Budget comments: "Further, very little can be said about the factors which precipitate the decision to migrate, what the characteristics are of such women, and what their subsequent labour market and social experiences are."
Refugees
In January 1996, South Africa acceded to the Conventions on the Status of Refugees of 1951 and 1967; the Protocol relating to the status of refugees of 1967 and the Organisation of African Unity Convention governing Specific Aspects of the Refugee Problem in Africa of 1969. The Convention on the Status of Refugees enshrines the principle of non-rejection of asylum seekers, although this refers primarily to political asylum. However, the majority of refugees - and particularly women - flee on account of war and famine.
Most of the displaced persons in South Africa are Mozambicans who fled the civil war and settled in the former KaNgwane and Gazankulu. The United Nations High Commission on Refugees (UNHCR) estimates that there were 250 000 such displaced persons. These were not recognised as refugees during the apartheid era, since South Africa was not a signatory to the relevant Conventions. They are not eligible for refugee status now, since the war in Mozambique is now over. But, Of the 120 000 registered for voluntary repatriation, only 31 000 returned home. It is estimated that 70% of those remaining are women and children. Very little research has been done on the plight of these Mozambicans. It is well-known that many work under appalling conditions on white-owned farms.
According to May 1997 figures, 3 431 persons had formally been granted refugee status in the whole of South Africa. Most of those granted refugee status came from Angola, Burundi, Somalia, Rwanda and Zaire (now the Democratic Republic of Congo). The majority are single men in the economically active age group. Only 5% are women, and 6% percent are children. The figures show that a high percentage of applications for refugee status are either rejected, cancelled, referred back for further investigation or are still being considered.
According to the UNHCR office in Pretoria, "almost all of the women have very little or no skills to enable them enter gainful activities that will improve their quality of life." Basic skills training and some adult literacy classes are being provided by the UNHCR and Red Cross. Because of the high unemployment rate in South Africa, most of the refugee women have expressed interest in starting small businesses.
The South African Red Cross has an agreement with the Johannesburg hospital for the provision of medical care to all refugees, including women and children, at a minimal cost. Refugee women receive free maternal care from local hospitals and special toiletries (including sanitary napkins) from the Red Cross.
States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women:
The Educational Legacy of Apartheid
Prior to 1994, the education system in South Africa was divided along racial apartheid lines, with a total of 19 education departments. Past deficiencies in educational opportunities - particularly for women - have left their mark. For example,
Fewer than 1% of white women and men have no formal education.
The provincial breakdown below provides insight into the locational as well as gender disparities in educational achievement.
% of those 15 years plus with no formal education and university degrees
| Women | Men | |||
| None | Degree | None | Degree | |
| Eastern Cape | 12 | 1 | 11 | 2 |
| Free State | 11 | 1 | 9 | 1 |
| Gauteng | 5 | 4 | 5 | 6 |
| KwaZulu-Natal | 13 | 1 | 9 | 3 |
| Mpumalanga | 21 | 1 | 18 | 2 |
| NorthWest | 17 | 1 | 18 | 1 |
| Northern Cape | 19 | 1 | 18 | 2 |
| Northern Prov | 22 | 1 | 11 | 2 |
| Western Cape | 4 | 3 | 4 | 5 |
| Total | 12 | 2 | 10 | 3 |
Most basic education statistics are disaggregated by gender. Some statistics on education in rural areas can also be calculated as data are collected according to magisterial district. There are no current statistics on race. However the new Education Management Information System (EMIS) will collect pupil enrolments according to race and this data should be available towards the end of 1997.
South Africa faces the challenge both of addressing the educational deficiencies of the past, and providing for the many young people in the population. In the first years of the democratic government the country has focused its attention, in particular, on the school level. There have, however, also been less ambitious initiatives in the areas of tertiary education, early childhood development (ECD) and adult basic education and training (ABET).
Education - a human right
South Africa has clearly stated its commitment to providing lifelong education and training for all its people. The White Paper on Education and Training of 1995 states that:
Every person shall have the right:-
The White Paper acknowledges that the state has an obligation to protect and advance this right, so that "all citizens irrespective of race, class, gender, creed or age, have the opportunity to develop their capacities and potential, and make their full contribution to the society."
The Bill of Rights in the Constitution, too, states that everyone has the right to both basic education and further education which the state "must take reasonable measures to make progressively available and accessible".
Strategy 18 of the Draft Population Policy aims to improve the quality, accessibilty, availability and affordability of education from early childhood through to adult education, with the emphasis on gender-sensitive and vocational education and the promotion of women’s educational opportunities at the tertiary level.
Schools
Policy
The South African Schools Act (1996) (SASA) makes schooling compulsory for all children from the beginning of the year in which they turn seven until either they reach the age of fifteen, or reach the ninth grade. Parents and guardians who do not ensure that their children attend school are liable to imprisonment or a fine. Policy and law thus provide for a compulsory ten years of education for all children, female and male..
SASA stipulates that the state will provide basic infrastructure, including teachers salaries, materials and textbooks to all public schools. It provides that "a governing body of a public school must take all reasonable measures within its means to supplement the resources supplied by the State in order to improve the quality of education provided by the school to all learners at the school".
Such means can include charging school fees. But SASA states that no child can be turned away from a school because of inability to pay fees, and that school fees may only be charged where there are "equitable criteria and procedures for the total, partial or conditional exemption of parents who are unable to pay school fees". Vigilance will be needed to ensure that - as has happened in some countries - user fees do not lead to poorer parents sending their boy children to school in preference to girl children.
Enrolment
At present girls account for 52% of primary and 51% of secondary scholars. Nevertheless, there are reports of religious, cultural and social practices that prevent girls from attending school. Some families, especially in the rural areas, prefer to educate boys rather than girls.
In some areas when girls reach the age of 13 or above, they are sent to initiation schools from which they graduate as women, ready to be married. In the Northern Province some principals make arrangements with families that after initiation school girls or rather young women are accepted back into school to continue with their studies. This is dependent upon co-operation by the family. In some Indian communities, girls are also married at very young ages.
Dropouts
A national survey of South African youth aged 15-30 in 1993 found the reasons for dropout as recorded in the table below. The tables shows finance and pregnancy as the major reasons why girls and women discontinue their education prematurely.
% youth providing various reasons for not continuing with education
| Reason | Women | Men | African Women | African Men |
| Finance | 46 | 57 | 47 | 63 |
| Pregnancy | 28 | 3 | 31 | 3 |
| Health | 4 | 5 | 4 | 6 |
| Boredom | 3 | 4 | 2 | 2 |
| Wanted work | 3 | 4 | 2 | 2 |
| Difficult to pass | 3 | 4 | 2 | 3 |
| Family/marriage | 3 | 1 | 4 | 4 |
| Expelled | 1 | 3 | 1 | 3 |
| Violence | 0 | 3 | 0 | 3 |
| Independence | 0 | 1 | 0 | 0 |
| Problems at school | 1 | 4 | 1 | 4 |
| Other | 8 | 11 | 6 | 7 |
| Total | 100 | 100 | 100 | 100 |
Source: CASE survey, 1993
There are currently no specific programmes that target girls and women who have left school. There are also no statistics on numbers of girls or women who engage in educational programmes after dropping out of formal schooling.
A range of general skills training programmes which include sewing, gardening, plumbing, etc, are available. Some of these training services are available at technical colleges, others at privately-owned facilities. Entry is open to all, but traditional practices still channel women to "soft" careers and men to "hard" careers. However, the main barrier to access to any form of training is lack of financial support for most women. Some of the privately-owned facilities, in particular, are financially out of reach of both women and men. This obstacle is exacerbated by lack of child-care support for young mothers.
Differences in achievement rates
Since 1993, more females than males have been registering for matric. However, males obtain better results than females. The preliminary matric results for full time candidates (1996) indicate that:
The Information Systems Directorate of the Education Department is preparing to collect data on drop-out rates. The Directorate is aware of the need to investigate the differences in female performance at the matric and other levels.
Curriculum
The national education policy calls for all learners to be able to choose the subjects they will study. However school and cultural practices present barriers to an increase in the number of girls in subjects and courses like science, maths, engineering, woodwork and technical drawing. The Department is aware of the need to use career guidance counsellors in every school to assist in changing traditional practices that channel girls towards "soft" careers. In-service training for teachers will need to focus on changing teacher attitudes that discourage girls from participating in any subject of their choice.
Schools that offer guidance education provide career and vocational guidance to both girls and boys. The interim syllabus makes provision for this under the sub-section "Education and Training". Girls need special encouragement to take advantage of the full range of vocational opportunities. They need role models and assertiveness skills to pursue careers that have traditionally been taboo. Some schools use female role models who are successful in traditionally "male careers" to visit their school and encourage girls to consider similar careers.
The National Qualifications Framework has developed new learning areas with guidelines that are designed to address social and cultural patterns that lead to discrimination and to stereotyped roles for women and men. Once this is completed, there will be a need to re-train practising teachers so that they will be able to implement the changes.
Schools do not have specific courses that deal with family life education. In schools where guidance education is taught, there is a focus on family life to which both girls and boys have access. Within the guidance interim core syllabus there is a section that deals with family and sexual education. The need for sex education is evident in, for example, the high incidence of teenage pregnancy and birth to teen mothers. Education programmes will have to target both the girl and boy child to challenge the values and practices which support this phenomenon.
Sports
The national education policy allows for the full participation of girls and women in all sporting activities. However, many schools and communities are still not flexible in allowing girls to participate in any sports. Many schools do not have adequate sporting facilities for girls or boys. Where there are facilities, they are often not safe for girls and women. Many girls are expected to help at home after school, rather than engage in extra-mural schooling activities such as sport. The media scarcely covers sporting activities of women. Cultural and social stereotypes discourage girls and women from participating in sport, or restrict them to certain sporting types.
The Department of Sport and Recreation has a range of programmes and projects aimed at accelerating equality between women and men in sport (See Article 13). These target all ages. The Department is identifying talent among girls and boys aged 12 and 13 years old, with a special emphasis on disadvantaged areas and groups.
Teachers
Of the 341 903 teachers nationally in 1994, 219 206 (64%) were female. 76% of African teachers at the primary level, and 44% at the secondary level, were female. Yet men accounted for 58% of principals, 69% of deputy principals, and 50% of Heads of Department. Women congregated in the lower ranking positions.
Qualifications
Teacher qualifications are classified on a scale running from A3 (lower than Std 10 without teacher qualification) to G (Std 10 plus 7 years appropriate training, including a recognised master’s degree). In this schema C is equal to Std 10 plus 2 years of appropriate training. The next tables summarise qualifications of African teachers in 1994 at the primary and secondary level according to the schema. At the primary level a higher proportion of women than men did not have the required qualifications of three years post matric professional training. The relatively small proportional difference translates into large absolute numbers. At the secondary level there were fewer women overall, but they were slightly better qualified than their male counterparts.
African Primary Teachers Qualifications 1994
| Qualif | Women | % | Men | % | Total |
| <C | 69821 | 61% | 21290 | 57% | 91111 |
| C | 42412 | 37% | 14676 | 39% | 57058 |
| >C | 3049 | 3% | 1287 | 3% | 4336 |
| TOTAL | 115282 | 100% | 37253 | 100% | 152536 |
African Secondary Teachers Qualifications 1994
| Qualif | Women | % | Men | % | Total |
| <C | 7407 | 19% | 11453 | 23% | 18860 |
| C | 21722 | 56% | 26589 | 53% | 48311 |
| >C | 9833 | 25% | 11988 | 24% | 21821 |
| TOTAL | 38962 | 100% | 50030 | 100% | 88992 |
The next table shows the percentage of men and women educators in each province who in 1994 had no teaching qualifications (‘None’), were underqualified (‘Some’) and were fully qualified (‘Full’). In the Western Cape, for example, 0% of teachers of both sexes are unqualified and 95% of men and 67% of women fully qualified. In Free State, on the other hand 6% of men and 9% of women were unqualified and only 65% and 54% respectively fully qualified. In every case the percentage (if not the absolute number) of fully qualified women educators was lower than that for men.
Educators’ qualifications by gender and province, 1994
| Women | Men | |||||
| Province | None | Some | Full | None | Some | Full |
| Eastern Cape | 3% | 45% | 52% | 3% | 24% | 72% |
| Free State | 9% | 38% | 54% | 6% | 29% | 65% |
| Gauteng | 2% | 21% | 77% | 2% | 17% | 81% |
| Kwazulu-Natal | 19% | 26% | 55% | 15% | 17% | 68% |
| Mpumalanga | 13% | 28% | 59% | 14% | 21% | 65% |
| Northern Cape | 3% | 39% | 58% | 2% | 11% | 87% |
| Northern Province | 3% | 36% | 62% | 3% | 28% | 69% |
| North West | 13% | 39% | 48% | 11% | 31% | 57% |
| Western Cape | 0% | 33% | 67% | 0% | 5% | 95% |
| Totals | 8% | 33% | 60% | 7% | 21% | 72% |
Teacher training
The Department of Education’s "Norms and Standards for Teacher Education" recognises the importance of incorporating gender perspectives into all aspects of teacher education. It states that the norms and standards are aimed at ensuring the quality of teacher education within an equitable, democratic, non-racial, non-sexist education system. It stresses the importance of teachers’ being able to draw on a range of knowledge including knowledge of self, knowledge of gender issues, knowledge of sexuality and family education.
Tertiary education
Student profile
Women account for 45% of graduates at the tertiary level. Women are particularly badly under-represented in some key areas of study. This is illustrated in the following table, based on 1995 figures from 15 of the 21 universities. Engineering is the most male-dominated of all areas: only 9% of graduates are women:
Selected fields of university study
| Field of Study | % female graduates |
| Medicine | 38% |
| Engineering | 9% |
| Law | 42% |
| Sciences | 47% |
| Agriculture | 28% |
Source: Directorate Information Systems
Fees, bursaries and loans
Although tertiary education is subsidised, students, or their families, must pay many thousands of rands in fees. Where poor potential students cannot find private assistance, they are often excluded from tertiary studies. While the level of the fees affects all potential students, some families could choose to use scarce resources on their male rather than female children.
At present there is no state bursary or loan scheme. The Tertiary Education Fund of South Africa (TEFSA), originally established by the Independent Development Trust, provides loans. TEFSA takes race into account in making its allocations to institutions, but does not consider the gender profile. Some loans and bursaries are also available from commercial companies. However, these tend to focus on the "hard" subjects such as engineering and commerce, in which there are fewer women students.
There are also a number of NGOs providing bursaries and loans. Some of these consider gender in making their allocations. The NGOs have all had to downscale their operations dramatically with the shift in overseas funding away from NGOs to government.
Staff
In 1996 46% of all staff (4 371 of 9 459) at technikons were women. However 1993 statistics indicate that only 33% of permanent educators at technikons (excluding those in the former TBVC areas) were women, suggesting that women staff are concentrated in administrative posts. The most recent available data on ranked positions at Technikons is for 1991. In that year there were no female rectors or vice-rectors, while only 5% of directors, 18% of associate directors and 24% of senior lecturers were women..
At the university level, women constituted 42% of all staff (15 463 of 36 392) in 1996 but only 31% of permanent educators in 1993 (again excluding universities in the former TBVC areas). Women enjoyed best representation at the distance universities, Unisa and Vista, where they comprised 44% and 45% respectively of full-time educators.
Of South Africa’s 21 universities, only the University of Natal and the University of Cape Town have women vice-chancellors.
Early childhood development (ECD)
Estimates in the early 1990s calculated that between 9 and 11% of all South African children from birth to six years had access to public or private ECD facilities.
The majority of children are looked after by parents, relatives, friends, domestic workers, older siblings or no-one at all. There are also few after-school care facilities available. The need to look after children prevents many women from engaging in other activities, and in particular from earning adequate incomes.
Policy
In South Africa ECD is understood as referring to provision for children from birth to at least nine years of age. The White Paper on Education and Training established the government’s commitment to provide ECD. It proposed a model of ECD provided by the state in partnership with organisations such as religious groups, women’s groups, NGOs and CBOs. In financial terms the state contribution is small. In 1995/6 it was estimated that under 1% of the total education budget was allocated to pre-school children.
Given limited resources, the Department of Education has elected to focus on the Reception year - a single year before entry to primary school which will constitute one of the ten years of free and compulsory education. Other Departments, such as Welfare, are expected to provide for younger children.
The Department of Welfare’s assistance comes mainly in the form of subsidies to providers. The Department has taken steps to move away from past racial, geographic, urban/rural and other disparities in the distribution of these subsidies. It is trying, in particular, to spread the limited available resources so as to provide support for creches in rural areas where female-headed households predominate. For example, in the Eastern Cape, funding has been extended to the previously under-serviced and under-funded areas of Transkei and Ciskei. This financing both provides direct employment to women and assists those who are looking for work to go out and actively seek employment. 37 045 children are benefitting from an investment of R2,4m.
Because the Department of Welfare’s resources are also limited, and as few employers provide facilities, most women are forced to make their own arrangements for their young children and pay from their own pockets.
The largest non-governmental networks of child care providers are the South African Congress of ECD and the National Educare Forums. Some of the provinces are developing a close network of all role-players. In several cases inter-departmental structures, comprising the Departments of Education, Welfare and Labour, are planned to create a broad ECD network.
Staff
There are no recent reliable statistics on the number of personnel involved in ECD. In the past the majority of provincially supported, white pre-primary schools were staffed by tertiary trained pre-primary teachers. This was not necessarily the case with private schools and full-day centres. But the majority of teaching staff probably had some form of post-school education.
In contrast, in 1991 71% of the people working in educare centres in African areas were untrained. Only 4% had formal preprimary training; 17% had received non-formal educare training and the remaining 8% had received formal primary training.
Adult Basic Education and Training (ABET)
The main provider of ABET in South Africa is business, where companies provide adult education for their employees. The next most important form of provision is in the state-run night schools, followed by classes offered by NGOs. The table below gives estimates of provision of literacy in 1994/5, as well as an indication of the proportion of women for each type of provision.
ABET Provision 1994/5
| Type/provider | % total | % women |
| State-run | 29% | 58% |
| Business-based | 42% | 33% |
| NGO-run | 19% | 72% |
| Parastatals/Municipal | 7% | 8% |
| Religious | 4% | 63% |
The larger number of women in the former state-run "homeland" night schools is consistent with the larger number of women living in those areas. Yet the state allocation for ABET has in the last few years represented only around 1% of the total Education budget. In the 1997/8 budget year the previous year’s amount was doubled, but still represents only a small proportion of total Education expenditure.
Men constitute the majority in business-based programmes. This reflects the predominance of males in the manufacturing and mining sectors, where most programmes are located. There are substantially more women attending programmes run by NGOs. Many of the NGOs are urban-based and work through churches, clinics, self-help projects and centres of concern for domestic workers. Generally women predominate in smaller programmes which serve fewer people. It is therefore very likely that fewer women than men are being reached by current ABET provision.
Problems encountered by women ABET learners
Participants in ABET experience various problems. These include the distance of centres from where participants live, the cost and unreliability of transport, concern for the family’s safety while the learner is at class, concern for their own safety while getting to and from class, child-care and money. As shown in the following table, many of these issues are more of a problem for women than for men
Problems associated with night classes
| Women | Men | |
| Child minding | 30% | 9% |
| Transport | 43% | 29% |
| Own safety to and from classes | 47% | 32% |
| Family’s safety while at class | 28% | 22% |
The Ithuteng ‘Ready to Learn’ Campaign
In February 1996 the government launched the Ithuteng ‘Ready to Learn’ Campaign, a Presidential Lead Project of the Reconstruction and Development Programme (RDP). The Ithuteng Campaign was allocated a total of R50m, with a budget of R5,4m and target of 10 000 learners per province. The Campaign focuses on ABET levels 1 and 2, as those where the need is most acute.
The Ithuteng Campaign was launched together with the Thousand Learner Unit (TLU) Project of the National Literacy Cooperation (NLC), the umbrella body for literacy NGOs. The first phase of the TLU had a target of 1 000 learners per province, with the aim of reaching 3 000 at the end of the two-year funding period. Both Ithuteng and the TLU make equal allocations per province despite differing need. This results in under-provision for the poorest provinces, where women and the illiterate predominate.
By end 1996 the state Campaign had been launched in six provinces although in some the ‘launch’ did not involve the introduction of any new programmes. The remaining three provinces were hoping to launch the Campaign by February 1997. By end 1996 the overall target of 90 000 adult learners had been exceeded, but with marked regional imbalances. There is still a long way to go. The 135 000 learners reached at this stage represent less than 1% of adults who require ABET.
Gender Equity Task Team
The Gender Equity Task Team (GETT) was appointed by the Minister in October 1996 to investigate and advise the Department of Education on the establishment of a permanent Gender Unit in the Department. According to paragraph 67 of the "White Paper on Education and Training of 1995" the Task Team will also advise on:
The Task team is to submit its recommendations by July 1997.
The Department has meanwhile established an Interim Gender Coordinating Committee to coordinate all gender-related matters until such time as a permanent gender equity unit is established. This Committee comprises members from each Branch of the Department and three representatives of the Gender Equity Task Team.
1 States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular:
2 In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties shall take appropriate measures:
3 Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary.
Economically active population, employment rates and form of employment
In October 1995:
Women are more likely than men to be self-employed. Further, the overwhelming majority of self-employed women work alone, while many self-employed men have others whom they employ to assist them.
Self employment covers a wide range of activities: from the owner of a large factory or mine to a woman selling fruit and vegetables at the side of the road. The large number of women who work as domestic workers are also classified as self-employed in South Africa’s official statistics. Except for the top end of the self-employed group - those who are employers and those with professional skills - self-employment usually provides a much less secure source of income, and also a lower income, than that earned in formal sector wage employment.
Sectoral and occupational distribution
As in other countries, South African women are concentrated in certain sectors of the economy, and in particular occupations.
Only 3% of all South African women recorded as working are classified as managers, senior officials and managers, and 4% as professionals. 16% of women are classified as associate professionals or technicians, 20% as clerks, 12% as service or sales workers and 36% as elementary, or unskilled, workers.
All the above figures cover both public sector and private sector employment. A high proportion of the women professionals and associate professionals are employed by the state as teachers and nurses.
Trade Unions
South Africa has a strong trade union movement which plays a major role in determining working conditions. The role has been further formalised with the establishment of the National Economic, Development and Labour Council (Nedlac) in February 1994 (see below).
The Department of Labour had a record of 2 690 727 members of 248 registered trade unions in 1995. Registered membership thus accounts for just over a fifth of the total economically active population. The 1995 figures are, however, an undercount as they exclude membership in the previous homelands.
Unions are not required to keep gender-disaggregated data on membership. The October Household Survey suggested that:
Women do not, however, achieve even these levels of representation among trade union leadership. The Congress of South African Trade Unions (COSATU) is the dominant trade union federation. At its third congress in 1989 the federation called for affirmative action to promote women’s leadership. At that stage all six of COSATU’s national office-bearers were men, as well as all nine regional secretaries and all 36 regional office-bearers.The position was not much better in most of COSATU’s affiliates. In 1990 the only female general secretary was head of the now-defunct South African Domestic Workers Union. In 1996 women still accounted for only 8% of national, and 15 percent of regional, level leadership in COSATU.
Union membership is expected to grow over the next few years. It will grow especially in the public sector and agricultural and domestic sectors, as well as in rural areas, as workers in these sectors now enjoy rights and protection which were previously denied. The newly protected sectors are all ones where women predominate, suggesting a possible growth in female membership of unions. Unfortunately, the SA Domestic Workers Union was disbanded in 1996 after many years of financial difficulties.
Institutional Arrangements
Prior to 1994 the Department responsible for labour was called the Department of Manpower. The name itself, since changed to Labour, underscores the sexism in the labour market. The renaming of the Department went together with the establishment of new relationships and ways of dealing with labour issues. On 18 February 1994 NEDLAC was launched in terms of the NEDLAC Act (1994). NEDLAC constitutes the central vehicle for communication and negotiations between government, business, labour and community organisations around economic, labour and development issues. It has been centrally involved in the ongoing amendment of labour legislation.
Since the 1994 elections South Africa has rejoined the International Labour Organisation (ILO), which has opened an office in Gauteng. The post-1994 government has ratified a number of ILO conventions, namely:
The right to work
South Africa has high rates of unemployment. While women and men, and people of different races, have the same "right" to work, in practice the opportunities open to them differ and their rates of unemployment differ, as seen above. Among all racial groups unemployment is higher for women than men.
The International Labour Organisation has suggested that the official South African rate of unemployment may be overly pessimistic. The ILO questions, in particular, possible undercounting of informal work and an inability to distinguish between un- and under-employment. Still unemployment is unacceptably high, especially among women.
In poorer provinces high unemployment rates go hand in hand with a relative scarcity of adult men as a result of migrant labour and lack of employment opportunities.The Northern Province and Eastern Cape have dependency ratios of approximately seven to one employed person compared to ratios of around two to one in the wealthier Western Cape and Gauteng.
Unemployment Insurance
Around a third of applicants for unemployment benefits in terms of the Unemployment Insurance Act are women. The limited provisions of the Act are not adequate to deal with the widespread and endemic unemployment situation in the country. The Act also excludes large numbers of particularly vulnerable workers.
Agricultural workers were only included in the Act in 1994, and the rate of registration by agricultural employers has been very slow. Domestic workers are still not covered by the Act. In 1996 the government established a commission to recommend improvements in the Act. As yet there has been no change in the legislation.
Public Works Programmes
The new government instituted a national job creation programme which by 31 December 1995 had disbursed R180,3m and created a total of 288 972 person-months of temporary employment. 13 055 people were employed on these projects as at end 1995. 21 138 of participants employed up to this time had received training. The programme as a whole was, however, winding down as projects were completed.
Another Public Works Programme aims to provide basic infrastructure - schools, clinics, creches, roads, etc - as well as creating temporary jobs in poverty-stricken, mainly rural, areas. Women are one of the specific target groups for employment. Statistics are not available for the full programme. However in early 1996 the Department’s records showed that 41% of jobs created under the Community Empowerment Programme part of the Programme - representing under a third of the total allocation - were held by women. Gender is one of the criteria used in the evaluation of consultants for the Programme. The future of this Programme is uncertain.
Equal rights and protection at work
There is no right to work in South Africa. However the country has moved some way towards providing equal rights and protection to those fortunate enough to find a job.
A unified system of labour laws
The Integration of Labour Laws Act was passed in November 1994 and came into effect in September 1996. The Act extended labour legislation to the previous homelands. This extension had important gender implications given the overall predominance of women among the economically active population of the former homeland areas, as well as the often poor labour conditions prevailing there. The Department of Labour has had to assist officials from the previously excluded areas in becoming familiar with the new legislation. Further, while instruments such as the Labour Relations and Wage Acts now apply to these areas, to date few workers in them are covered by Wage Determinations or Industrial Council agreements.
The Labour Relations Act
The new Labour Relations Act (1995) came into effect in November 1996, after a long period of consultation and discussion. Historically some of the most vulnerable sectors - agriculture, mining and domestic labour - have been exempt from the laws applicable to other sectors. They have either had their own special legislation or virtually no protection at all. Already before amendment, in January 1994, the Labour Relations Act had been extended to cover agricultural workers. The extension to domestic workers took effect at the same time as the amendment.
The Act :
The Basic Conditions of Employment Act
Current provisions
The Basic Conditions of Employment Act (1983) regulates conditions in the workplace. In May 1993 the Act was extended to cover agricultural workers and in January 1994 to cover domestic workers. This was important for women, who predominate in these sectors. At present the Act covers all workers in private and local government employ, but excludes other state employees.
Since the extension of the Act to agricultural and domestic workers the Department has engaged in limited activity to educate workers and employment. There are no accurate figures as to compliance, but the indications are that it is very low. Staff shortages, delays and inadequacies in the court system have meant that there have been few prosecutions of defaulters.
The new Bill
The post-apartheid Department of Labour established a new Directorate of Minimum Standards. In February 1996 the Directorate released a Green Paper on Employment Standards in which it proposed new legislation to replace the Basic Conditions of Employment Act. The Green Paper was followed by a draft bill as the basis for further negotiations within Nedlac.
The Basic Conditions of Employment Bill (1997) addresses the special needs of pregnant, lactating and disabled women by preventing dismissal or denial of employment on these grounds. It requires that, where necessary, alternative work be made available during the pregnancy and for a period of twelve months after the birth.
The Bill follows the approach of the new Labour Relations Act in extending protection to previously unprotected workers. In particular, it extends protection to workers in atypical or non-traditional forms of employment i.e. those who are not employed in full-time, permanent jobs. This will be important for women, who are less likely than men to work in "standard" jobs.
Maternity leave
The government has not yet ratified Convention 156 on workers with primary responsibility. The Basic Conditions of Employment Act provides for a period of maternity leave. At present this is unpaid except for those covered by the Unemployment Insurance Act.. Even those who are covered, receive only a proportion of their former wage while on maternity.
The Bill also proposes an improvement of maternity leave to four months, job security for women on maternity leave with no probation period, and three days paid family responsibility leave for all workers. The clause on maternity leave has become one of the issues of particular contention. Unions are demanding six months fully paid leave while employers favour the status quo. The Department has established a task team to investigate this issue.
Regulated flexibility
Another issue of dispute between business and labour is the notion of ‘regulated flexibility’ introduced in the bill. This suggests that the Act would set basic standards, but these could be varied for given periods in specific circumstances. Business favours less regulation and greater flexibility in terms of variation of standards. Labour is concerned that variation of standards will allow for a deterioration in conditions in sectors which are less organised or where workers are more vulnerable. These would include agricultural and domestic workers, as well as those in more rural areas and smaller businesses. They would also include sectors such as clothing and textiles, which have been subjected to increasing competition with the opening up of the economy internationally. Again these are all sectors in which women tend to predominate.
The averaging of working hours
A third area of concern for women is the proposal that employees work a maximum of nine hours per day, 45 hours per week; to be extended to 12 hours a day with no overtime as long as the 45 hour weekly limit is not exceeded when averaged over a period of four months. Long hours would pose particular problems for women workers. They will suffer from increased exposure to violence in the early morning or at night, as well as increased pressure in terms of their daily domestic duties.
Child labour
The Basic Conditions of Employment Bill includes strategies to reduce the level of child labour and prevent abuse. The extent of child labour in South Africa is unknown, although there are reports that it occurs on a fairly widespread basis in sectors such as agriculture and domestic work. There is also increasing concern about the level of child prostitution. The Department of Labour, in collaboration with the ILO and Central Statistical Service (CSS), is planning a national survey to establish the extent and nature of child labour. The results of the survey will then inform possible legislative changes.
The Need for More Information
More generally, the Department of Labour has recognised the need for more accurate information on the labour market in order to be able to engage in effective policy-making. Areas in which the Department is concerned to improve its information include knowledge of applicable labour standards, especially with respect to the status of women in the workplace, small employers and workers in particularly vulnerable sectors such as domestic work and agriculture.
Employment opportunities
The principle of equity did not feature in labour market programmes administered by the former Department of Manpower. The Department of Labour’s current five-year programme provides for the establishment of a Directorate of Equal Opportunities with the responsibility for:
The Directorate has initiated the elimination of racial and gender imbalances in workplaces throughout the economy. An Affirmative Action Policy Development Forum was constituted in March 1995. The Forum, in consultation with a a range of stakeholders, drafted a Green Paper on Employment and Occupational Equity. The Green Paper was distributed for public comment in 1996.
The Paper reviews existing workplace bias on the basis of gender, race and disability. It discusses pay differences and other non-payment forms of discrimination in hiring, promotion, training and remuneration. It proposes an Employment Equity law which would require employers to draw up and report on employment equity programmes.
Training
Training registered by government
The Manpower (sic) Training Act (1981) gave the state the authority to register and accredit industry training boards. Approximately thirty such training boards are registered, of which twenty are responsible for apprenticeship training in their respective industries. Outside of hairdressing, women account for a minute proportion of formally recognised apprentices and artisans.
The Department of Labour also has several other training initiatives. These include
There are no gender-disaggregated statistics for any of these initiatives. Most have a heavy male bias. However, included among the 18 approved training schemes were some where significant numbers of women workers could have benefited. These included the Clothing Industry, Hairdressing and Cosmetology Industry, Hospitality Industry, Information Technology Industry and Textile Industry. A further five training schemes - which included clothing in specified regions - were registered under section 48 of the Labour Relations Act.
Training currently provided by government
The government’s nine regional training centres provided training for 26 506 workers during 1995. The extent of the training provided is limited, with an average duration of 1,4 weeks. The most heavily subscribed courses are in labour relations (5 973 workers trained, agriculture (5 485), mobile plant operation (3 555), motor vehicle driving (3 553) and security work (2 916).
The state subsidises training in agriculture by paying 75% of the prescribed fee and, in addition to the 5 485 recorded for agriculture, many in other courses would also be farm workers. The state also subsidises 60% of the training fees for workers employed by enterprises with fewer than 200 employees. Both agriculture and smaller enterprises employ a significant number of women. While the state provides no breakdowns, previous research suggests that women farm workers are largely confined to courses such as home economics.
The training centres are all situated outside the former ‘homelands’. There were a number of training institutions in the latter areas, ranging from Section 21 training trusts to state Manpower (sic) Centres. In 1995 these centres provided training for a total of 18 340 people, with the largest concentrations in business management (4 071), community development (3 719) and entrepreneurship (3 198). Again no gender breakdown is provided. Potentially, however, these centres could be an important resource in terms of the women-dominated population of these areas.
In the 1995/6 financial year R80m was allocated for the training of unemployed persons. This is done on a contractual basis by over 500 different training providers. In 1995, 131 790 people received training under this scheme. Of these, 43 999 (33,3%) were placed in jobs. The statistics are not disaggregated by gender.
New directions in training
The above schemes were all established during the apartheid era. The new government has embarked on a wholesale reconceptualisation of the education and training system of the country. The Departments of Education and Labour collaborated in overseeing the passing of the South African Qualifications Act (SAQA).
The Act lays the basis for a National Qualifications Framework (NQF) which forms a key component of the country’s new National Training Strategy Initiative. The Initiative is one of the building blocks of a human resource development system in which there is an integrated approach to education and training.
Green Paper on A Skills Development Strategy
In March 1997 the Department of Labour released its Green Paper on A Skills Development Strategy for Economic and Employment Growth in South Africa. It is hoped that this will be translated into legislation by the third quarter of 1997. The new approach should see a significant increase in the extent of vocational training in the country. The Paper proposes a National Training Fund to which employers will contribute levies of between 1 and 1,5% of payroll. The Paper does not deal with paid time off for training. It does, however, stipulate that at least one half of training must be at artisanal or lower level, thus avoiding the past focus on management or more skilled employees.
The Paper proposes grants as incentives to employers to reach certain priority skills targets, support new labour market entrants, and assist small enterprises. It proposes that 20% of funds from levies, government and other donors be allocated to a national skills fund for national priorities.
The Paper is clear that its concept of training extends beyond formal institutions, and covers all levels of "applied learning" from low to high skills levels. It extends learnerships beyond apprenticeships to cover all combinations of structured learning with relevant work experiences as long as there is formal assessment and accreditation. It extends the idea of placement to include job creation schemes, development programmes, and small and medium-sized enterprises.
This broad understanding is important for women, who are less likely than men to find themselves in formal, "standard" work situations.
Target groups
The Green Paper introduces the concept of target groups. These consist of several defined categories of disadvantaged women, youth or disabled people. It proposes that employers should target these groups in line with the government’s Green Paper on Employment Equity, and that incentives should be developed to encourage such targeting. The Paper refers to the need to encourage women to enter non-traditional fields although it does not specify how this is to occur. It also states that special efforts will be required to ensure that learnerships are designed for areas of so-called "women’s work". While advocating private sector provision, the Paper recognises that the state must take the final responsibility for addressing any failures of the private sector to provide for "vulnerable" groups.
A Subdirectorate: Special Employment Programmes (Target groups) has already been established within the Department of Labour. A budget is being developed, as well as a business plan with performance indicators, to ensure that target groups get focused attention.
The Chief Directorate is committed to counteracting gender stereotyping, prejudice and discrimination by caretakers (e.g. teachers, parents, community workers), career guidance practitioners and employment officers. The Chief Directorate also plans
Equal pay
Since 1981 both the Wage Act and the Labour Relations Act have outlawed different rates of pay for women and men doing similar jobs. These regulations are of limited practical effect. Firstly, they only govern minimum wages. Secondly, and more importantly, women and men are usually employed in different sectors and different jobs. South Africa has no legislation for equal pay for work of equal value.
Work-related Social security
The Unemployment Insurance Act provides for payment of 45% of the previous monthly wage to workers who are not earning due to unemployment, prolonged illness or maternity. The Unemployment Insurance Fund is funded by equal contributions of workers and employers equal to 1% of earnings. Benefits are paid for a maximum of six months, and this maximum is earned through three years contribution. Where a woman claims for maternity leave, this claim is offset against any claim she might make on account of unemployment for any of the other reasons. This constitutes gender discrimination in that men never need to claim maternity leave.
The Unemployment Insurance Act was extended to cover agricultural workers in 1994. It still does not cover domestic workers. The benefits are low, and would be particularly so for low earners such as domestic workers. Nevertheless, their exclusion from the Act leaves them without any form of social security at times of unemployment or maternity. The Act also does not cover part-time workers employed for less than eight hours a week, those employed by their spouse, casual or seasonal employees, and home-workers. These are all categories in which women predominate.
Women form the majority of workers in the informal sector, where wages of employees are generally lower, and where there are no social benefits either for employees or the self-employed.
Health and safety
The Occupational Health and Safety Act (1993) came into effect in January 1994. The Act establishes an Advisory Council for Occupational Health and Safety with labour representation. It requires that there are designated health and safety representatives and committees at the local plant level. The legislation also makes specific provisions regarding the employer’s duty to inform her/his workers about health and safety issues. The Act does not make any specific mention of reproductive hazards.
Occupational health legislation contains protective clauses which aim to protect women from reproductive hazards such as lead. These clauses can be considered as discriminating against women in that they restrict women to working in certain jobs. Health legislation has ignored possible reproductive health hazards which could affect male workers.
Women have the same rights as men under the Compensation for Occupational Injuries and Diseases Act. The Act is, however, silent with regard to reproductive outcomes from occupational exposures.
Child Care
There are insufficient early child care facilities to meet the needs of women. Most schools for older children do not provide after-school care facilities which would make it easier for parents to work a full day. (See Article 10).