On 10 September 2013, the Commission for Gender Equality (CGE) makes a submission to Portfolio Committee on Home Affairs on Electoral Amendment Bill [B22-2013]. In terms of Section 11(1) (c) the CGE is mandated to evaluate any law being proposed by Parliament that is likely to affect gender equality or the status of women and make recommendations to Parliament thereto. CGE is also obliged by international obligations ant the Constitution of the Republic of South Africa to make submissions before Parliament on various legislation.
In terms of Article 7 of the Convention on the elimination of All Forms of Discrimination Against Women (CEDAW), ‘State Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and shall ensure to women, equal terms with men, the right: to vote in all elections and public referenda and to be eligible for election to all public bodies and to participate in the formulation of government policy and the implementation thereof to hold public office and platform public functions at all levels of government. It is against this backdrop that the CGE is making a submission as this right has not been fully achieved despite articulated by the above mentioned article which is amplified by Section 9 in the Constitution of the Republic of South Africa.
Henceforth, the Constitution and the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUPA) of 2000 call for positive action to promote gender equality. It is the view of the CGE that Women’s substantive equality must be attained in political decision-making structures in an endeavour to expedient the achieving the 50/50 parity through the amendment of electoral legislation. It is therefore noteworthy that the CGE on its submission to Parliament argues Constitutional and legislative framework permit legislation on 50/50, and proposes amendments to Electoral Amendment Bill, accordingly
The CGE is of the opinion that Parliament is obliged and empowered to make legislative provision for the attainment of 50/50, and the current mechanism of the Electoral Amendment Bill provides such an opportunity. The CGE will further engage with Parliament with regard to proposed amendments to Local Municipal Electoral Act of 2000 to embed the quota system seamlessly within the South African electoral legislative framework.
