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The Chairperson introduced the hearings saying that since the advent of democracy, South Africa has made outstanding progress in its efforts to address gender inequality and enhance gender equality through the creation of various laws and structures such as the Commission for Gender Equality and the establishment of the Ministry of Women, Children and People with Disabilities. The Presidency has demonstrated high levels of commitment and political will to the emancipation of women by making it an integral part of the political, social and economic transformation of the country.
There were common themes and similar concerns from most of the submissions heard today. One was that the WEGE Bill lacked clarity in some of its definitions - one being the definition for 'designated bodies' as it was not clear who were the private designated bodies. Many of the submissions were concerned that the Bill was duplicating existing legislation such as Employment Equity Act, the Promotion of Equality and Prevention of Unfair Discrimination Act and the BBBEE Act which were already struggling with implementation; hence many recommended that the existing legislation should be reviewed to identify the gaps and then decide if new legislation was the necessary solution.
CEDAW required that issues of patriarchy be specifically addressed yet the clause 13 2 in the draft bill had been deleted from the tabled bill. Some submitted that the consultation process was not properly followed as rural women, women with disabilities and other groups of women on the margins of society were excluded. Also excluded from the Bill were Lesbian, Gay, Bisexual, Transgender and Intersex Persons who experienced marginalisation on gender basis.
So there was a need to expand the definition of gender to cater for these groups of people. Further, women were not a homogenous group as they had different experiences and as such experienced different forms of discrimination. If solutions were not tailored to address the particular marginalisation of different groups, the marginalised would continue to be marginalised and only those who already had some kind of social or economic basis would continue to benefit. Patriarchy was identified as the core cause of some forms of gender inequality such as gender based violence.
