Remarks by Minister Mmamoloko Kubayi on the occasion of the second high-level meeting of women judicial leaders of Africa
Programme director, Justice Nonkosi Mhlantla, Constitutional Court
Chief Justice Mandisa Maya, Republic of South Africa
Honourable Ms Thoko Didiza, MP, Speaker of the Parliament of Parliament
Honourable Sindisiwe Chingunga, MP, Minister in the Presidency for Women, Youth and People with Disabilities
Address: Honourable Lady Justice Chafika Bensaoula, the African Court on Human and People’s Rights
Justices and delegates from various Member States
Distinguished guests
Good morning
It is pleasure and privilege for me to join you this morning in this very important gathering that brings together women judicial leaders from across the African continent.
The focus of this gathering on strengthening gender-focused jurisprudence, enhancing judicial leadership and ensuring a more inclusive and representative justice system is timely and necessary.
Any gathering that concerns itself with emancipation and advancement of women in any sphere of society deserves our support and praise. This is the struggle for women’s emancipation from the clutches of patriarchy has been a long and painful one.
This Meeting coincides with significant milestones which include the 20th anniversary of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women, also known as the Maputo Protocol, the 30th Anniversary of the South African Constitution and the 60th anniversary of the 1956 Women’s March to the Union Buildings, in Pretoria.
Led by icons like Lilian Ngoyi, Helen Joseph, Sophie Debruyn and Rahima moosa, more than 20 000 women of all races marched to the union buildings in this country, at the height of apartheid in 1956, to demand the scrapping of the pass laws.
Asserting themselves through a firm slogan that says: “wathint’ abafazi wathint’ imbokodo”, “you strike a woman you strike a rock”, these brave women stood firm to tell their oppressors and the world at large that they too were their own liberators.
Not only were they fighting for the end of racial and class discrimination, but they also fought for the unconditional end of gender discrimination.
The 1956 women’s march is part of the major blows that led to the collapse of apartheid that culminated in the 1994 democratic breakthrough. It was because of this breakthrough that, in 1996, we adopted the constitution whose 30th anniversary we are celebrating this year.
This document which is a symbol of the people’s struggles, contains the bill of rights which amongst others says that “Everyone is equal before the law and has the right to equal protection and benefit of the law” and that “The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds…”.
In this respect, our constitution anticipated the Maputo protocol which demands that states combat all forms of discrimination against women through appropriate legislative, institutional and other measures.
In the past thirty years, we have learnt that the codification legislative or regulatory does not always translate into implementation. The achievement of gender equality requires a deliberate set of implementable actions that are conceptualised with a gender perspective.
As happens in many countries around the world, South African women continue to experience high levels of pernicious discrimination and violence. Despite progressive legislation, we cannot claim that we are closer to delivering on the aspirations embedded in global and continental frameworks for gender equality.
The phenomenon of the abuse of women spans all continents and requires collaboration and cooperation to effectively address the scourge of gender-based violence and femicide (GBV&F).
It is for this reason that President Cyril Ramaphosa has declared GBVF a national disaster. South Africa has developed the National Strategic Plan on GBVF, a multi-sectoral, rights-based framework aimed at eliminating GBV through coordinated prevention, protection, accountability, and support services.
Government has also implemented measures to strengthen gender-focused jurisprudence, including:
- Expansion of Specialised Sexual Offences Courts and Thuthuzela Care Centres
- Strengthening of legal protections through GBVF legislative reforms
- Online application services for domestic violence protection orders
- Judicial and prosecutorial training on gender sensitivity
- Development of a Femicide Watch
- Engagement with traditional leaders and communities
Women’s access to the judiciary has improved significantly since 1994. Today, there are about 255 judges in all the Superior Courts, with near parity between men and women, although more still needs to be done to achieve full gender equality.
The Magistracy has made notable progress, with women now constituting 55% of magistrates. Women in the judiciary continue to lead in transforming jurisprudence on gender equality and the protection of the vulnerable.
This gathering provides an opportunity to strengthen collaboration, share expertise, and advance constitutional justice and gender equality across the continent.
Many of you have personal stories of resilience and perseverance. These stories will serve as the foundation for the next generation of women leaders to claim their rightful place in society.
As women judges, your lived experiences reshape how law is interpreted, how justice is delivered, and how society evolves. This meeting should not only exchange insights but strengthen commitment to law that heals, courts that transform, and systems that centre humanity.
Together we can create a world in which men and women are equal.
I thank you.
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