Address by the Deputy Chairperson of the National Council of Provinces, Hon Thandi Memela, at the NCOP Roundtable on Empowerment and Rights of Women, Children and the Elderly

Programme director,
Hon Chairperson of the National Council of Provinces,
Hon Members of Parliament and the Executive,
Representatives of governmental and non-governmental organisations,
Ladies and gentlemen.

My task is to explain the purpose of the Roundtable and to indicate work that has been done by the National Council of Provinces (NCOP) in assisting vulnerable groups as we celebrate 20 years of democracy. I will focus more on 20 Years of Overseeing the Protection and Achievement of the Rights of Women, Children and the Elderly and highlight some of the work done.

Through this Roundtable, we would like to reflect on the policies and laws that we have put in place and their implementation. The intention is to advise the next Parliament on what still needs to be done to further the rights of vulnerable groups. As you might know, the NCOP had resolved in the early days of the fourth term to focus among other things on promoting and protecting the rights of vulnerable groups.

You are aware that when it comes to vulnerable groups, the struggle continues. We have heard about and seen the abuse of women, the elderly and children, as well as people with disabilities. 

Since 1994, our committees have exercised their oversight role by conducting many committee meetings as well as oversight visits in relation to violence against women, children and the elderly. Key challenges identified through committee oversight work include sexual abuse, domestic violence and trafficking.

In addition, as far as the elderly are concerned, abuse in this regard would include psychological abuse and neglect. This includes the intentional or unintentional refusal to care for an older person by denying assistance with nutrition and personal hygiene. 

With regard to combating violence the following important laws were passed: 

1. Children’s Act 38 of 2005
2. Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
3. Domestic Violence Act 116 of 1998
4. Sexual Offences and Related Matters Act 31 of 2007.

Key achievements in dealing with violence against women have included a victim-centred approach by the police and courts, as well as increased access to support services to victims of violence. With regards to children, the creation of a National Child Protection Register to keep record of vulnerable children is critical in ensuring that children who need support receive it.

In addition, the re-establishment of Family Violence, Child Protection and Sexual Offences Units increases specialised services to children who experience abuse and violence. In order to promote the social, physical, mental and emotional well-being of the elderly, the Older Persons’ Act 13 of 2006 was passed. This legislation facilitates access to equitable and affordable facilities for older persons, and also sets out what constitutes elder abuse, thereby creating the offence of elder abuse. 

In respect of our role in addressing violence against women, in the period from 1998 to 2009, the NCOP dealt with the challenge of violence against women through the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women (JMC on Women). In 2010, the JMC on Women was disbanded and the Portfolio and Select Committees on Women, Children and Persons with Disabilities were set up to deal with women’s issues in Parliament. 

In respect of our legislative role, one can say that South Africa is a signatory to the following international instruments aimed at protecting women against violence:

1. The Convention on the Elimination of All Forms of Discrimination against Women
2. The Beijing Declaration and Platform for Action
3. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
4. The Geneva Convention relative to the Protection of Civilian Persons in Times of War
5. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children
6. The Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa
7. The Prevention and Eradication of Violence against Women and Children: Addendum to the 1997 Declaration on Gender and Development by SADC Heads of State or Government
8. The African Union Solemn Declaration on Gender and Equality in Africa
9. The SADC Declaration on Gender and Development

In addition to these instruments, the following legislation has been passed by Parliament to deal with violence:

1. Domestic Violence Act, Act no 116,1998
2. Criminal Procedure Second Amendment Act, No 75, 1995
3. Criminal Procedure Second Amendment Act, No. 85,1997
4. Criminal Law Amendment Act, No. 105,1997
5. Witness Protection and Services Act, No. 112,1998
6. Prevention of Organised Crime Act, No. 121,1998
7. Criminal Law (Sexual Offences and Related Matters) Amendment Act,No. 32, 2007
8. The Protection from Harassment Act, No. 17, 2011
9. Criminal Law (Forensic Procedures) Amendment Act No.6, 2010.
10. Prevention and Combating of Trafficking in Persons Act No. 7, 2013
11. The Criminal Law (Sexual Offences and Related Matters) Amendment Bill No. 19, 2012]

From 1994 until 2008, the JMC on Women had engagements that focused on creating legislation that protects women, and ensuring well-functioning institutions and processes for dealing with violence against women.

The period 2009 until 2014 saw an increase in oversight activities on violence against women by the Select Committee on Women, Children and Persons with Disabilities, as well as amendments to already enacted legislation as a result of feedback between Parliament, the public and implementing departments. Discussions within committees included but were not limited to the following areas:

1. Training for the Judiciary and Police Services
2. Statistics
3. Rehabilitation Programmes
4. Economic Inclusion
5. Domestic Violence Act implementation Issues 

After the promulgation of the Domestic Violence Act it became important for Parliament to monitor the legislation’s optimal implementation. In 2012 the Select Committee on Women, Children and Persons with Disabilities deliberated on issues including the phenomena of “missing dockets”, lack of reporting on non-compliance to the Domestic Violence Act by the South African Police Services, as well as a lack of understanding by ordinary persons of the processes to follow in accessing the criminal justice system. 

With regard to the trafficking of women, in 2013, the Department of Home Affairs noted its lack of capacity in implementing the Immigration Act No. 13 of 2002, and suggested that this lack may be contributing to the trafficking of women given potential traffickers access to fraudulent travel documents. 

In respect of violence against Lesbian, Gay, Bisexual, Transgender and Inter-sexed (LGBTI) persons, with the escalation of violence against LGBTI persons, the Department of Justice and Constitutional Development established a National Task Team on violence against LGBTI. Closer oversight by the Select Committee on Women, Children and Persons with Disabilities was undertaken in 2013 to highlight the urgency of dealing with this issue.

In addition to the committee meetings, questions, statements and debates in the House on issues pertaining to violence against women, there were several other activities initiated to enhance engagement on the issues. The following activities were identified as initiatives that added value to the NCOP’s endeavours to deal comprehensively with violence against women. 

1. Hearings 

In 1997, 1998 and 1999, several hearings were held by the then Ad Hoc Joint Committee on the Improvement of the Quality of Life and Status of Women together with the Portfolio Committee on Justice, to discuss violence against women.

These hearings created a platform for all stakeholders concerned to resolve the enactment of mitigating legislation. Issues discussed included the piloting of the sexual offences courts, domestic violence, spousal killings, as well as the legal system as a whole. These discussions led to the enactment of legislation for dealing with domestic violence, as well as advancing progress of the legislation on sexual offences.

2. Study Tours

From 2000 until 2003, the JMC on the Improvement of Quality of Life and Status of Women in Parliament undertook study tours across the country to all nine provinces, in an attempt to collect information on the implementation of the Domestic Violence Act. It was reported that the following implementation issues were identified:

• A view by police officers of domestic violence as a domestic matter and not a crime
• Lack of support to victims in reporting cases of abuse, as well as staff shortages in police stations and courts and other capacity-related issues
• The disappearance of dockets and resultant dropped charges
• Lengthy and cumbersome application forms for domestic violence interdicts
• A lack of medical facilities for victims in rural areas, as well as police stations and magistrates courts. 

3. Women’s Parliament

Since 2005 the NCOP together with the National Assembly, has celebrated women’s day with women across the country to discuss issues of importance to them. The Women’s Parliament was borne out of the need to provide an open forum for the deliberation of women’s issues and has been a feature on Parliament’s calendar since 2005. 

During the fourth term of Parliament, the steering committee for the Women’s Parliament made the decision to ensure that Women’s Parliaments do not become once-off talk-shops, but that the Women’s Parliament should become a credible platform for affecting real change to policies, and affording ordinary women the opportunity to interact with especially women parliamentarians. 

In respect of violence against women, in order to address the issues related to violence and children, government should use a global level legislative framework that ensures the protection of children in terms of various forms of violence. These include:

• United Nations Convention on the Rights of the Child
• African Charter on the Rights and Welfare of the Child
• United Nation’s Convention on the Rights of People with Disabilities
• General Comment No. 10, Children’s rights in juvenile justice – Committee on the Right of the Child
• United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“Beijing Rules”)

These international instruments clearly stipulate the recognition of a child as a person below the age of 18 years whose rights are to be protected and fulfilled. 

The Constitution and the following domestic laws passed by both the NA and the NCOP, in some way, either directly or indirectly deal with protecting a child’s constitutional right to be free from all forms of violence.

1. Children’s Act (No. 38 of 2005) and Children's Amendment Act (Act No. 41 of 2007)
2. Child Justice Act (No. 75 of 2008)
3. Criminal Law (Sexual Offences and Related Matters) Act (No 32 of 2007)

The NCOP has held many public hearings relating to violence concerning both children and women. These hearings were usually held as joint meetings with the National Assembly. While not all public hearings listed below focused on violence as a primary topic, all contained recommendations or findings related to violence against children.

All meetings were held in order to encourage public participation and engagement. In some cases these hearings led to the formulation and promulgation of important laws aimed at protecting children and women against violence:

1. 1997-1998 Violence against Women

The Ad-Hoc Joint Committee on the Improvement of the Quality of Life and Status of Women and the Portfolio Committee on Justice held hearings during 1997 and 1998 on violence against women. A total of 32 written submissions were made, some of which were presented orally.

These submissions not only focused on women, but also highlighted the need to focus on children’s issues as it relates to both domestic violence and sexual offences. A key recommendation from these hearings was communicated to the Department of Justice. The Committee emphasised the urgency of introducing to Parliament during 1998 the proposed South African Law Commission legislation on domestic violence and comprehensive legislation on sexual offences against women.

2. 2001-Impact of HIV/AIDS on Women and Girls
3. 2002- Sexual Abuse of Children
4. 2012- United Nation’s Convention on the Rights of People with Disabilities
5. 2009- Child protection, violence and abuse against children, ukuthwala practices and virginity testing
6. 2013-2014Male Circumcision Deaths and Ukuthwala
7. 2001- Rationalising Child Protection, Family Violence & Sexual Offences Units

In terms of activities and campaigns, we have had the following:

1. 2001 - National Children’s Day
2. 2005 - 16 Days of Activism
3. 2012 - Child Rights Seminar

In 2012, in a collaborative initiative with UNICEF, the NCOP hosted a child rights seminar. The purpose of the seminar was to bring representatives from the legislative sector (Parliament and Provincial Legislatures) together to examine issues affecting South African children.

The seminar was also designed to stimulate critical debates on child rights and other issues affecting children.  This seminar allowed children to engage with NCOP members, allowing them to express their experiences of violence and the challenges they face in their communities.

The NCOP has collaborated with UNICEF in other forums such as committee meeting and other knowledge sharing invents that included Members only. We also held a similar Roundtable in 2008 focusing on children.

In respect of abuse against the elderly, a number of South African studies  have confirmed that the following forms or types of elder abuse are commonplace in South Africa:

1. Physical abuse
2. Psychological abuse
3. Sexual abuse
4. Financial/material abuse
5. Active and passive neglect
6. Accusation of witchcraft 

Widow cleansing or inheritance have been identified as common forms of elder abuse on the African continent. 

The elderly require our support. I share the view that we need to consider the desirability of a dedicated commission for the elderly. It’s role could include ensuring that there is effective communication and consultation on policy-making in relation to older persons. This should be done in the context of promoting social cohesion and nation building.

All South Africans must be able to enjoy the fruits of democracy. We must ensure that there are no groups of society who do not enjoy their rights.

I hope that the next Parliament and government will note some of the lessons we will be sharing today and build on them for future solutions.

I thank you!