THURSDAY, 13 JUNE 2002 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
                                ____

The Council met at 14:08.

The Deputy Chairperson of Committees took the Chair and requested members to observe a moment of silence for prayers or meditation.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.

                          NOTICES OF MOTION

Mrs A M VERSFELD: Mr Chairperson, I give notice that I shall move at the next sitting of the House:

That the Council -

(1) believes that the large number of applicants for West Coast rock lobster quotas in areas east of Cape Hangklip is a clear indication that the people were not aware or informed of Regulation 50 of Government Gazette No 19205 of 2 September 1998, and were also not aware that legislation prohibits exploitation of West Coast rock lobster in this zone;

(2) notes that -

   (a)   people  have  paid  application  fees  of  R6  000  and   R500,
       respectively;


   (b)   because  the  results  of  research  had  been  positive,   the
       Department promised to look into  the  matter  ``early  in  this
       year";


   (c)  the DA has expressed concern about the fact that no  allocations
       have been made although  the  West  Coast  rock  lobster  season
       closes at the end of June; and


   (d)  experimental quotas have been granted without  any  transparency
       or by using set criteria; and   (3) therefore calls on Marine and Coastal Management to -


   (a)  expedite this matter as soon as possible; and


   (b)  give back the money to the unsuccessful applicants.

                       DROWNINGS AT INANDA DAM

                         (Draft Resolution)

Mrs J N VILAKAZI: Mr Chairperson, I move without notice:

That the Council -

(1) notes with sadness the death of three men who drowned at Inanda Dam in KwaZulu-Natal;

(2) expresses condolences to their families, colleagues and friends who are affected by their death; and (3) calls on the authorities to launch a thorough investigation into the incident.

Motion agreed to in accordance with section 65 of the Constitution.

                         APPROPRIATION BILL

                           (Policy debate)

Vote No 27 - Environmental Affairs and Tourism:

The MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM: Mr Chairperson, MECs and hon members, I would like to begin my address by quoting section 24 of the Constitution of the Republic of South Africa:

Everyone has the right -

(a) to an environment that is not harmful to their health or wellbeing; and (b) to have the environment protected for the benefit of present and future generations, through reasonable legislative and other measures that -

   (i)  prevent pollution and ecological degradation;
   (ii) promote conservation; and
   (iii)      secure ecologically sustainable  development  and  use  of
          natural resources while  promoting  justifiable  economic  and
          social development.

This is the text of section 24 of the Constitution of the Republic of South Africa. Our Constitution is one of the few in the world to entrench environmental rights as a fundamental human right. In doing so, the Constitution gives expression to the deep love of the environment by the citizens of this country. It also gives recognition to the valuable natural heritage and unique biodiversity of South Africa. Our Constitution, in the same section, promotes the sustainable use of natural resources and requires social and economic development.

The Constitution provides a clear framework for the policies and the work of the Department of Environmental Affairs and Tourism. South Africa is experiencing a tidal wave of public concern and support for the protection of our environment and, therefore, for the full implementation of the Constitution. The Constitution assigns the responsibility for environmental protection to all three spheres of government. This gives a special role to the National Council of Provinces in this area. We should take pride that our Constitution calls for conservation and environmental protection within the context of sustainable development. In this regard it compels us to protect the environment and also promote social and economic development.

In just over two months world leaders and thousands of people will gather in Johannesburg for the World Summit on Sustainable Development under the slogan ``People, Planet, Prosperity’’. The fourth and final United Nations Preparatory Committee meeting for the Summit - the so-called PrepCom 4 - ended just under a week ago in Bali, Indonesia. The lengthy and exhaustive global preparatory process gives us the broad parameters of the Summit.

Everyone agrees that the Johannesburg Summit must be about the implementation of measures to realise sustainable development. Everyone is in agreement that poverty eradication should be the central focus of the Summit. Everyone is in agreement that the Summit should emerge with a set of concrete, measurable, resourced and time-bound action plans, among others, in the following fields: water and sanitation, energy, health, agriculture and food security, and biodiversity. Everyone agrees that these massive challenges require a partnership between governments of the North and the South, and between governments, civil society and the private sector.

At PrepCom 4 there was less agreement on the financing of sustainable development and on measures that would promote economic development. Without economic growth, development is unsustainable. Some of the biggest obstacles to poverty eradication are unsustainable levels of national debt, the lack of a fair and equitable global trade regime, and the lack of market access. Producers in poor countries, especially farmers, are not able to sell their produce to consumers in rich countries because of agricultural subsidies in developed countries.

Aid from the rich to the poor is important and must be increased. Of equal, if not greater, importance is the need to remove obstacles to economic activity in developing countries. Today, developing countries lose far more as a result of trade barriers than they gain in the form of aid. To quote Time Magazine of 10 June 2002:

In 1999 the United Nations Conference on Trade and Development concluded that for each dollar developing countries receive in aid they lose up to $14 just because of trade barriers imposed on the export of their manufactured goods.

While some of these matters must be negotiated in the World Trade Organisation, a summit on sustainable development cannot be silent on such obstacles to poverty eradication.

The Johannesburg World Summit will be an opportunity for the formation of a global partnership to roll back poverty. I am confident that world leaders gathered in Johannesburg will send a message of hope to the poor and destitute and thereby open a new chapter in human solidarity.

It is an enormous privilege for South Africa to host the biggest global gathering. It provides a unique opportunity for the promotion of our country as a tourism destination and as a place to do business. All South Africans should spare no effort in doing what will enhance the image of our country. We believe that the summit will constitute a net economic gain rather than simply a financial burden on the taxpayer.

I would like to take this opportunity to express my gratitude to the Gauteng government for its financial contribution and the enthusiasm it is displaying in the preparations. One of the innovative contributions of the province is the Greening the WSSD project. This will set a new standard in the minimisation of the environmental impact of large events and conferences. I must also express gratitude to the Johannesburg metro for the invaluable support it is giving to the success of the summit.

The financing and organising of the summit is a practical manifestation of section 41(1)(h)ii of the Constitution, which goes:

All spheres of Government and all organs of state within each sphere must co-operate with one another in mutual trust and good faith by assisting and supporting one another.

Let us turn to the constitutional imperative to promote conservation and prevent ecological degradation. South Africa is considered as a country with megabiodiversity. It is the third most biodiverse in the world. This is by far our richest natural resource. If used in a sustainable manner, our natural resources can yield social and economic benefits for us and for future generations.

Today South Africa protects its biodiversity and the wonders of nature by employing a range of tools. These include national parks, provincial and municipal parks, transfrontier conservation areas, biosphere reserves which allow for mixed land use within a conservation area, contractual parks where land is the property of the community, private nature reserves, marine protected areas, the listing of world heritage sites, the implementation of international rules for the trade in endangered species, the world renowned Working for Water and Working for Wetlands programmes, the collection and research work of the National Botanical Institution, the marine research of the Marine and Coastal Management branch of the department and the research work and breeding projects of South African National Parks and provincial conservation authorities. We are living at a time when the frontiers of conservation in South Africa continue to expand.

In June last year the governments of Lesotho and South Africa set in motion the process of establishing the Maluti-Drakensberg/Ukhahlamba transfrontier conservation area covering over 8 000 km2. This brings the mountain range across both countries under a common conservation strategy. The creation of the Ais-Ais-Richtersveld transfrontier park between Namibia and South Africa is progressing. It is my intention that the international trade agreement between the two countries be signed this year.

The department will also intensify its work with provinces this year. We will continue our discussions with the Eastern Cape province with a view to establishing the Pondoland National Park as part of the economic growth of the Wild Coast. This will be done in the spirit of co-operative governance. The Pondoland Centre of Biodiversity and Endemism supports 1 500 species of plants, of which 8% are endangered. The rugged landscapes of plateaus and deeply dissected river gorges are particularly spectacular. Its tourism potential is far from being realised. We will also pursue discussions with the Mpumalanga province on the protection of the Sabie River catchment area, which is continuous with the Blyde River Nature Reserve. This ecologically sensitive area, which was decimated by the commercial forestry practices of the apartheid government, has already been returned to conservation.

The aim of establishing a representative sample of biodiversity in a system of protected areas will be provided for the Protected Areas Bill which I intend tabling in Parliament during the course of this year. Extensive consultations with provincial MECs have already been conducted. Conservation and economic development must go hand in hand. Our conservation areas, rather than being burden on taxpayers, must contribute to job creation and socioeconomic upliftment. Our natural heritage must continue to serve as a foundation for the tourism industry. The natural beauty, together with our cultural life and warm hospitality, is fast making us a tourism destination of note.

South Africa is currently experiencing a tourism boom. Our performance this year has been particularly good. The tragic events of 11 September last year have repositioned South Africa in the eyes of the world. There is a positive sentiment in the air. It is therefore my pleasure to announce a 7% overall increase in foreign tourist arrivals in the first two months of this year.

More than 106 000 tourists from the UK and Germany, two of our traditional core markets, visited South Africa in January and February. This is an increase of more than 21% over the same period in 2001. In line with our new tourism growth strategy, there was also impressive growth from Asia and Africa - two regions where we believe there is tremendous opportunity for tourism. In line with the Approved Destination Status Agreement our President signed with the People’s Republic of China during his state visit last year, visitors from China have increased by 63.5% in the first two months of this year. We believe these figures will continue to grow after we have signed the MOU with the Chinese national tourism authority, and give us the ability of becoming one of 20 countries who are allowed to market to the more than 10 million Chinese who take holidays every year.

There has also been more than 20% growth out of Hong Kong and India during the same period. The highest increase worldwide came from Botswana, with a 35% increase, bringing arrivals from that country to South Africa to 114 000 out of a country of just about 1,5 million people. The proximity of Gaborone and Lobatse to Zeerust and Mafikeng means that many of these people are day-trippers. However, these visitors play a significant role in the economies of these North West province towns. Significant increases were also reported from Malawi, Mozambique, Nigeria, Swaziland, Zambia and Zimbabwe.

With major events like the World Summit on Sustainable Development in August and the Cricket World Cup due in February next year, we are uniquely placed to benefit from the positive sentiment towards South Africa. Tourism has the potential to create opportunities for SMMEs and we must continue to exploit this. I am pleased that as a result of Government intervention, about 200 black-owned enterprises were given international marketing exposure at this year’s Tourism Indaba.

One of the questions many ask is where and how a tourism SMME finds support. In answer to this question the department has published a booklet which for the first time provides a consolidated set of information on all Government and government-related support programmes. A database of black- owned tourism enterprises has been compiled in order to assist Government departments to meet affirmative procurement targets. The booklet is already in reprint now, but all of this information is available on our website, which, as hon members should know, is www.environment.gov.za.

A public-private tourism transformation forum to promote black economic empowerment has been established with representation from the department, from the Tourism Business Council, the Development Bank of South Africa, the Industrial Development Corporation and the Departments of Trade and Industry and Labour. At the recent meeting of the tourism Minmec it was decided to encourage South African cities to take active steps to promote themselves as destinations.

Our major cities are all tourism destinations in their own right and should be promoted as such. Cities like Durban and Cape Town are setting an excellent example for others to follow. In promoting our cities we must avoid destructive competition between cities. I would like to call on the major cities to improve their co-operation and co-ordination with each other. Surely, if South Africa as a country can co-operate with our neighbouring countries in a mutually reinforcing manner, then it is not too much to ask of our cities.

Innovation and product development must continue to receive attention. Recently we launched the Coast2Coast route. This route follows a 3 000 km tarred road starting in Maputo and travelling through Swaziland, through Mpumalanga, Gauteng and the North West province in South Africa, through Botswana on the Trans-Kalahari highway and through Namibia, ending in Walvis Bay. Marketed as ``All of Africa on one Road’’, the richness and diversity together with its accessibility give it the potential to be one of the world’s great journeys. This is yet another example of regional solidarity in tourism. It is a project involving five SADC countries. The successful marketing of South Africa as a tourism destination is central to our growth strategy.

In order to indicate the importance Government attaches to this, it is indeed my pleasure to announce that Cabinet has decided to appoint one of the most respected private sector leaders, Mr Rick Menell, as the new chairperson of the SA Tourism Board. His appointment is also another step in the promotion of the government-private sector partnership in the promotion of tourism growth. May I take this opportunity to congratulate Mr Menell and express gratitude at his willingness to serve in this capacity.

The Minmec has agreed that the annual celebration of World Tourism Day on 27 September will rotate amongst provinces. This year we will celebrate the day at Bakgatla Village in the North West province. This year’s theme is ``Responsible Tourism’’. We will highlight the benefits of responsible tourism to communities and the country as a whole. We will also encourage South Africans to be tourists in their own country, city, town and in their own province.

As we announced last year, the allocation of long-term fishing rights is now complete. The process undertaken constitutes both a modernisation and deep transformation of the fishing industry. The introduction of predictability, transparency and fairness into the rights allocation process has resulted in stability in the industry. For the first time fishing enterprises are able to take rational investment decisions. The transformation of the industry is indeed far-reaching. In the hake trawl sector, which is the biggest in fishery, 73% of all rights holders are majority black-owned concerns. During the apartheid era the total catch allowable was divided amongst only six white-owned companies. This year 51 companies have been allocated hake trawl quotas. This is the general trend in most other fishing sectors.

Now that the allocations for fishing rights have been completed, I have, in terms of the Marine Living Resources Act, received 1 500 appeals from persons and companies not satisfied with the decisions of the department. I will give consideration to the grounds of each appeal and ensure that everybody gets a fair deal. Thus far I have already taken decisions on about 600 appeals, each one of which was signed off by myself personally.

South Africa has among the best-managed fish stocks in the world. This year I have been able to determine a record total allowable a catch of 258 000 tons, an increase of 76 000 tons from 2001 in the pilchards sector. I further determined the TAC for anchovies for 2002 to be 260 000 tons. This makes the total pelagic catch, which is pilchards and anchovies put together, 158% higher than the 1994 figures. And this is largely due to sound fisheries management. This comes at a time when half of the European fishing fleet is at a standstill as a result of Europe having had to reduce their total allowable catch. This follows years of reckless overfishing by Europeans. As hon members may be aware, Europe has asked for access to South African waters as part of the EU-South Africa trade agreement. We have refused and have no intention of changing our minds.

The illegal poaching of abalone is a matter that should concern us all. The department has embarked on a combined operation with the SAPS, called Operation Neptune, which combats the poaching of abalone as part of our efforts to protect this precious resource from extinction. The operation has been highly successful and has led to large amounts of poached abalone being seized and numerous arrests made.

However, despite the best efforts of Operation Neptune the abalone resource remains under extreme pressure. Criminals continue to brazenly poach abalone, denying many coastal communities the opportunity of making a living from the proper and sustainable exploitation of this resource. Unless urgent steps are taken abalone could soon become commercially extinct. For these reasons I am implementing further measures to curtail the poaching of this valuable resource.

In order to ensure that the punishment meted out by the courts has the required deterrent effect I am requesting the Department of Justice to ensure that sentences for those persons convicted of poaching abalone are significantly increased. I am also requesting the Department of Justice to consider establishing specialised courts to deal with abalone poaching and related offences.

Two advocates experienced in conducting criminal prosecutions have been appointed to assist the Department. Their primary task is to increase significantly the conviction rate of those who plunder South Africa’s valuable fish stocks with particular emphasis on those charged with offences related to the poaching of abalone. I am pleased to announce to the House that an important initiative by my department in the Eastern Cape region has been taken. The Eastern Cape Abalone Management Plan is aimed at developing a sustainable abalone fishery. This project is run on co-management principles and will further increase access to marine resources by previously disadvantaged coastal communities.

Many people have raised concern as a result of recent media reports suggesting that South Africa supports commercial whaling. May I take this opportunity to make our position clear on this matter. South Africa is opposed to the hunting of whales. [Applause.] We do not allow the hunting of whales in South African waters. We will not support any proposal from any country to hunt whales. South Africa last year declared its first whale sanctuary in Walker Bay so as to provide a safe haven for the breeding of whales. Our position is not about to change.

There has also been much concern recently about reported cases of ``canned’’ lion hunting. The hunting of lions in confined spaces and those that have been drugged or lured with rotting meat is an outrage and must be condemned. [Applause.] It is simply unacceptable that unscrupulous operators are able to engage in this practice. As this is a provincial competence I hereby call on provinces to take legal and other steps to curb this practice, which can only serve to harm our otherwise respected tourism industry.

The Ministry and the department will continue to find ways of communicating with the public. This year we participated actively in the imbizo week. We have also placed a special emphasis on community radio stations in all languages and we provide information on our website. In order to improve our communication and in order to promote a narrowing of the digital divide, for the information of the hon Rev Moatshe, I will be appearing live once a week on the department’s internet chatroom. Every Monday, for the next three months, from 05h00 pm to 06h00 pm, any member of the public will be able to log on to the site and chat live with me. Again, the web address is www.environment.gov.za. In June last year I announced the Government’s intention to set up a competition that would get South Africans excited about cleaning up their environment, the so-called Cleanest Town Competition. The competition was aimed at encouraging the nation to take pride in their surroundings and work together with Government in cleaning up their towns. The competition was greeted with much enthusiasm and in the process the department achieved its objective, that is, to raise awareness of the importance and benefits of a clean environment and urge people to change their attitude and behaviour towards their surroundings. The winners were announced on World Environment Day, 5 June 2002, and therefore I would like to take this opportunity, and I hope hon members will join me in doing so, to congratulate the winners in the three categories.

In the district council category the winner of the Cleanest Town Competition is the Karoo District Municipality. [Applause.] In the local municipality category the winner of the Cleanest Town Competition was announced as the Newcastle Local Municipality in KwaZulu-Natal. [Applause.] In the metropolitan council category the winner of the Cleanest Town Competition was announced as the Nelson Mandela Metropole in the Eastern Cape. [Applause.] [Interjections.]

Chief M L MOKOENA: We was robbed! [Laughter.]

The MINISTER: Chairperson, I can see the welcome enthusiasm from members of the NCOP and I should inform them that this was the first year of the running of the competition and these three municipalities will be the title holders for a full year and thereafter we will have a new round. So Limpopo, Mpumalanga and other provinces have an opportunity to get ready for that. [Laughter.]

May I take this opportunity to report to you, Chairperson, and to the NCOP, that this country has, without exception, a dedicated team of MECs both in environment and tourism. They are women and men who do not hesitate to challenge the national Government in the interest of their provinces, but each one has always placed the interest of the country first. It is a team that I have received co-operation from and one I truly enjoy working with.

May I also use this opportunity to thank the team in the department and in the Ministry and all of the institutions linked with the department for their dedication and patriotism.

Finally, I would like to thank Rev Moatshe and the members of the select committee, who have done their work in a manner which has supported us and which has displayed diligence. [Applause.]

Rev P MOATSHE: Motlotlegi Modulasetilo, motlotlegi Tona ya Lefapha la tsa Tikologo le Bojanala, mmogo le Lefapha la gagwe le le mo emeng nokeng, batlotlegi maloko a leruri mo Ntlong ya ketsamelao, bakhuduthamaga, le baradisi go tswa diporofenseng, Motswana a re, tlogatloga e tIoga gale modisa wa kgomo o tswa natso sakeng.

A boe a re, kodumela moepathutse ga go na lehumo le tswang gaufi. Fa mo motshegareng o mogolo wa gompieno fa letsatsi le rapama, re leba tekanyetsokabo ya Lefapha la Tsa Tikologo le Bojanala, e le kabo e e tshwanetseng go atolosa maikaelelo, maitlhomo le maikemisetso a Lefapha le Ntlo eno ya ketsamolao ra re pula!

Ra re pula a e ne mme melapo, dinoka le melatswana ya lefatshe le rona e elele ka metsi a a phepa. Ditshidi tsotlhe di kgapatsege di namatsege. Dinamane di je mokaragana. Digwagwakgolo borre matlametlo ba obamele moporo wa go itsese mafatshe a botditshabatshaba ka bojanala jwa Aforika Borwa. (Translation of Tswana paragraphs follows.)

[Rev P MOATSHE: Hon Chairperson, hon Minister of Environmental Affairs and Tourism, as well as his department, who supports him, hon permanent members of this legislative House, MECs and chairpersons from provinces, a Motswana says: “Make hay while the sun shines.”

He, on the other hand, when the sun sets in the afternoon, says: Let us look at the budget of the Department of Environmental Affairs and Tourism. This is a budget that should expand the aim and objectives of the department and this House, and we say let it be so.

We say that it should rain and the rivers of our country should flow with clean water. All the creatures should be well. Calves should be happy. Frogs and crabs should cry with their big voices to inform the community about South Africa’s tourism.]

Given the fact that the UN conference on sustainable development is about to take place in South Africa it is perhaps appropriate to start off by reflecting on the relationships between tourism and sustainable development. There are conflicting views on whether tourism has the potential to advance sustainable development.

On the one hand there are those, including governments, business, international lending organisations and economists, who have consistently emphasised the economic potential of tourism. Environmentalists, on the other hand, have frequently questioned the prospects for national economic development and have pointed out the environmental costs of tourism to local communities.

Whatever argument one supports it is undeniable that tourism constitutes an essential sector of our national economy. Tourism generates a lot of foreign exchange earnings, as well as employment and income for certain sections of our population.

Moreover, in the context of rapid global integration and developments in transport and communication systems, further expansion of tourism is inevitable.

The challenge this places before us is, how do we manage the expansion of tourism to South Africa to the benefit of sustaining the environment and livelihood of future generations?

Since 1994 substantial efforts have been made by our Government to integrate environmental, economic and social objectives into decision- making. We have witnessed a shift to a more holistic and co-ordinated approach to environmental issues, including in the growth area of tourism.

The driving forces behind this shift were the establishment of a constitutional right to a clean environment and the realisation of the positive role the environment and tourism can play in the alleviation of poverty and the fulfilment of basic human rights.

Indeed, the statistics have shown how successful tourism has been in reducing poverty through job creation. According to the department more than R130 million has already been spent towards tourism development projects aimed at creating jobs and alleviating poverty. Current estimates indicate that tourism employs at least 7% of South Africa’s workforce. It is projected that this will grow to about 1,2 million employment opportunities by 2010.

Small, micro and medium enterprises is another major beneficiary of the department’s tourism programmes. Already some 227 SMMEs have been assisted with funding to the value of R22 million. It is expected that this number will also grow dramatically as we tap further into the vast tourism potential of many rural villages and townships across our country.

These are tremendous achievements and we should commend the department for the opportunities it has created for ordinary people. At the same time we must also commend it for trying to balance the need for greater economic participation and human development with the need to sustain our environment.

There is absolutely no lack of commitment on the part of Government to promote human development within a sustainable development framework. We have an impressive array of policies and mechanisms which serves as a broad framework within which we balance the social and economic development with environmental protection.

I would like to highlight the key aspects of this broad framework. The National Environmental Management Act has been implemented, which sets out the principles in terms of which environmental management and planning must take place. All organs of state have to comply with the principles of this Act in decision-making.

We also have the Marine Living Resources Act, which aims to conserve marine ecosystems, promote the long-term sustainable use of marine living resources and provide for orderly access, exploitation, utilisation and protection of marine living resources.

The National Forests Act seeks to provide for sustainable forest management. The National Water Act aims to manage the country’s water resources to meet a wide range of objectives including basic needs, equitable access, facilitating social and economic development and preventing pollution.

Strategic environmental assessments have been used by the Department of Trade and Industry in co-operation with the Department of Environmental Affairs and Tourism as an environmental management tool in spatial development initiatives. These initiatives are investment strategies aimed at identifying and unlocking inherent economic potential in specific spatial locations. An integrated and co-operative approach to environmental protection is also evident in the relationship with the business community. The Industrial Development Corporation encourages sustainable production by means of low-interest financing schemes for environmentally friendly products.

Our metals industry sector has introduced a number of incentives to encourage research, innovation and manufacturing partnerships that will enhance sustainable production, while an encouraging number of industries have on a voluntary basis adopted environmental management measures and systems. Another incentive to promote sustainable development is unleaded petrol which is made available to motorists cheaper than leaded petrol. We also have a code of practice for mine residue deposits of the South African Bureau of Standards to regulate mine residue deposits and to reduce its environmental impact. Government have ratified a number of international treaties such as Cites and the Kyoto Protocol which deal with the protection of endangered species and the ozone layer, respectively. Other environmental policies include new policies on minerals, energy, biological diversity, integrated pollution control and waste management and coastal management.

Lastly, all these new policies act as a statement of intent by Government to accelerate economic growth and raise the standard of living, while at the same time minimising damage to our environment.

Motswana a re phokojwe go tshela yo o dithetsenyana. [Legofi.] [A Motswana says that those who are determined will succeed. [Applause.]]

Ms M E METCALFE (Gauteng): Chairperson, before I begin, I would like just to honour Peter Mokaba. I know there was a memorial service for him in Parliament just before this sitting. But I think it is appropriate that in this debate on the Budget Vote for Environmental Affairs and Tourism, we particularly remember the role that Peter Mokaba played in terms of the Consultative National Environmental Policy, or Connep, process and the leadership that he gave to environmental issues in the time in which he was the Deputy Minister for Environmental Affairs and Tourism. He was a person of enormous passion and capacity for persuasion and charm. I think he brought all of that to his work in the Connep process and a wide range of participants in that process would certainly have wanted us to acknowledge his role, because it was so deeply respected.

I am not sure that I can match the previous speaker, Rev Moatshe, particularly the praise poem to nature that he began with, but I do want to join him in congratulating the hon the Minister on the extraordinarily useful work that is being done by this department under his leadership. I know that he is passionate about nature for tourism and tourism for nature, and the enormous success that we are achieving as a country.

With regard to the very good appointments that he has made recently, it is wonderful to have Cheryl Carolus in South African Tourism and using her enormous talents and creativity in that role. Together with all members of the NCOP, I want to join him in thanking the previous chairperson of South African Tourism, Saki Macozoma, for the role that he has played. I also want to recognise the work that he has done in terms of putting on the public consciousness our very wasteful relationship with resources in this country.

Despite the high levels of poverty, it is amazing to me that we are so careless with our natural resources, and the very bold step that he has taken in terms of saying that plastic bags must cease being the carelessly disposed-of national flower, but must instead be seen as a resource that must be reused over and over again and be recycled, is an important entry point into a much more environmentally sustainable approach to waste management, one with an emphasis on reuse and recycling. Also, I think it has just been something that has captured the public imagination in terms of beginning to understand those issues. Despite the battles that he has had, we do want to acknowledge the boldness of that step.

In terms of the very good work being done by the department in providing the leadership around the World Summit on Sustainable Development, I would like to thank the hon the Minister for acknowledging the work of the province and of Johannesburg in Gauteng, in terms of preparations for the summit, in particular the acknowledgement of the greening initiative. The greening initiative is one attempt to try and create a legacy for the world summit that will go beyond the declaration, as important as that declaration might be. We hope that part of the legacy of having the summit in this country will be a heightened public consciousness in terms of the need for sustainable development and the roles that we need to play individually and collectively towards contributing to the development that is built on pillars of awareness of economic, social and environmental sustainability.

It is a great privilege for me to come and join my colleagues from Gauteng in the NCOP. I believe that the NCOP is a very important forum for achieving the kind of commitment to co-operative governance that is enshrined in the Constitution. I was struck by the hon the Minister’s comment that, in fact, constitutionally, environmental issues do reside with all three levels of government and that therefore there is a special role for the NCOP. I think from my experience in two portfolio committees in Government, that I would say that the environment is probably one of the most complex in terms of allocation of responsibilities. It is much more complex than any other portfolio that I can think of. Maybe I am wrong and as I gain more experience and come into contact with more enlightened members I shall become aware of that, but it seems to me that environmental issues really do need to be much more deeply understood amongst all of us who participate in the NCOP.

Despite the very good working relationship we have with the hon the Minister in forums such as the Minmec, I often feel that we do not have enough time to talk about all of those issues that should concern all of us. I note that the hon the Minister said that he was going to be available one hour per week in the chat room. [Interjections.] Perhaps I am going to be making use of that opportunity to make sure that we do share much more information.

The chairperson of the standing committee spoke about the important mechanism of the strategic environmental assessments. At the moment we are working in the Vaal area, which I know the hon the Minister has a great passion about in terms of air quality. I think, in the case of those kinds of mechanisms, particularly where there is environmental responsibility that has to be shared between two provinces, because air and water float freely across the borders that we have constructed, it is important that we do have opportunities to talk about them.

It is very important that we have opportunities to talk about the very innovative policy work that is happening in different provinces and indeed in some local municipalities. I want to thank the hon the Minister for an innovation of his in the way that we manage our Minmecs. The last Minmec took place in the Eastern Cape and it happened over several days so that there was plenty of time for debate and discussion.

One of the things that I found very interesting in that lekgotla that we had in the Eastern Cape, was beginning to unpack together some of the constitutional complexities of environmental responsibilities. I think that when we start the critical process, as we must begin to, of looking at the Constitution, I would challenge the NCOP and our hon members here, to look very critically at how environmental responsibilities are allocated within the Constitution. If we look, for example, at the schedule that gives exclusive responsibilities to provinces, and in particular to local authorities, we will see that there is an emphasis on air pollution being a local government responsibility, whereas simple logic would suggest that because movements of air indeed not only cross local government boundaries, but also provincial boundaries, there clearly does need to be a very strong role for national Government in establishing frameworks and a role for provincial governments.

I want to applaud the hon the Minister for the fact that and the way in which he is taking forward the law reform process which is looking very thoroughly and conscientiously across the responsibilities that should logically reside at the different levels of local, provincial and national government and the challenges that that would indeed pose, even for a process of constitutional revision. Some of the added complexities in terms of function have to do with the very different environmental and conservation challenges that are experienced in different provinces and perhaps different local authorities.

Gauteng is a province which is under extreme environmental stress. It is a very highly populated province. There are very high levels of industrial and mining activities, and there are very high levels of vehicle usage, which in itself contributes to problems in terms of pollution from vehicle emissions. I think that one of the challenges that the hon the Minister does indeed face, is how to put into place legal frameworks on a national basis that do take into account the high levels of variation and complexity across different provinces. As the hon the Minister is aware, some of those national framework laws are very challenging in terms of providing a framework. We in Gauteng are looking very carefully at developing complementary legislation which will enable us to take into account the specific challenges of environmental responsibility in Gauteng.

The particular area of concern to all of us is how we can begin to use the new legislative framework to ensure that we achieve in practice the national commitments that we have to sustainable development. There are some very exciting new legal frameworks; in particular, the IDP process at local government level and the way the the EIA is increasingly been used as a tool to ensure that new developments are always taken forward with a proper understanding of not only the economic advantages of a particular development, but also the social, cultural and environmental consequences.

I think that the work that the hon the Minister is doing in terms of promoting tourism that is nature-based and tourism that does benefit from the huge biodiversity and natural beauty of this country is a very important contribution to making sure that all citizens of this country begin to have a sense that the country does indeed belong to all who live in it and that this vast array of biodiversity in terms of plant and animal life is a resource that must belong to and benefit all of us, and that tourism is one way of ensuring that it does benefit all of us, as well as making sure that the environmental costs of tourism, as Rev Moatshe has spoken about, are carefully managed so that we as a country benefit from those people who do come here to visit. [Time Expired.] [Applause.]

Mrs A M VERSFELD: Chairperson, in accordance with the Marine Living Resources Act, Act 18 of 1995, marine and coastal management requires that all fishing industry permit holders comply with the department’s policy on vessel monitoring systems. The policy prudently stipulates that all licensed fishing vessels are equipped with a monitoring and control device linked to the global positioning system, or GPS, in this case Inmarsat C.

The present service provider is a British-French company that appears to hold the sole mandate of the Minister’s department to provide this service to the fishing industry. Of course, the DP supports the fact that vessels should be equipped with a VMS, but not to the apparent exclusion of other potential contenders in this field.

In ‘n dokument van die departement genaamd: ``Information regarding the VMS’’, word daar melding gemaak dat -

VMS will become a prerequisite within four months of the date of issue of the permit for a number of other fishing sectors. Stakeholder meetings will be held with the relevant industry bodies.

Die huidige klassifikasie en wet is omskryf ten opsigte van twee tegnologiese platforms, naamlik Inmarsat C en GSM.

Dit help nie om met die visbedryf te gesels oor die aangeleentheid nie. Gesprek moet eerder gevoer word met verskaffers wat oor alternatiewe tegnologie beskik. Sodoende kan hierdie verskaffers deelneem om funksionaliteit en ‘n koste-effektiewe alternatief daar te stel.

‘n Maatskappy met die naam van Startrack het byvoorbeeld ‘n nisproduk tussen Inmarsat C en GSM s’n. Indien ‘n verskaffer by Inmarsat C geakkrediteer is, behoort die Regering Thales, wat die eienaar-ontwikkelaar van die programmatuur - Bluefinger se mariene afdeling hanteer dit op die oomblik - verplig om ‘n poort oop te maak'' vir satellietdata van hierdie verskaffers. Hulle hoef nie konfidensialiteit in te boet nie. 'n Blote intervlakspesifikasie en 'n gepaardgaandeno disclosure’‘-ooreenkoms kan konfidensialiteit waarborg.

Tot nou toe was hulle nie bereid om dit te doen nie, en daar bestaan dus ‘n monopolie. Monopolieë van enige aard is ongesond en druis ook in teen die Wet op Mededinging, want hier geld nie net suiwer kommersiële belang vir die verskaffer nie, maar direkte ``waarde vir geld’’ vir die bedryf. (Translation of Afrikaans paragraphs follows.)

[In a document by the department entitled: ``Information regarding the VMS’’, it is mentioned that -

VMS will become a prerequisite within four months of the date of issue of the permit for a number of other fishing sectors. Stakeholder meetings will be held with the relevant industry bodies.

The current classification and Act are defined with regard to two technological platforms, namely Inmarsat C and GSM.

It does not help to discuss the matter with the fishing industry. Discussions should rather be held with providers who have alternative technology. In this way these providers can participate in establishing functionality and a cost-effective alternative.

A company named Startrack, for example, has a niche product between those of Inmarsat C and GSM. If a provider is accredited with Inmarsat C, the Government should compel Thales, which currently handles the owner- developer of the software, Bluefinger’s marine section, to open a gateway'' for satellite data from these providers. They do not have to forfeit confidentiality. A mere interface specification and an accompanying no disclosure’’ agreement can guarantee confidentiality.

Until now they have not been prepared to do this, and a monopoly thus exists. Monopolies of any nature are unhealthy and also fly in the face of the Competition Act, because at issue here is not simply pure commercial interest for the provider, but direct ``value for money’’ for the industry.]

To mention, again, this supplier, Startrack, they estimate a saving to the industry in the order of 45% in relation to the current service. This very same company will, in two weeks’ time, release an RV proximity tag.

Dit is ‘n kaart soos ons kaarte waarmee ons in die Parlement kom, wat om die nek hang. Die oomblik as daar ‘n dekman oorboord val, gaan dit onmiddellik ‘n sein uitstuur. [This is a tag like the tags with which we enter Parliament, which hang around one’s neck. As soon as a deck hand falls overboard, it is going to send out a signal immediately.]

I am not canvassing for a specific company or a replacement of the current system, but merely for an enhancement of the system, as it is of cardinal importance to an industry that has to operate to increasingly high standards of safety.

Ek het geluister toe die Minister oor die Europese Unie gepraat het, en ek is baie dankbaar om te verneem dat ons Regering staan by die standpunt dat ons nie die Europese vlote in ons waters sal toelaat nie. Ek het egter ‘n Republikein - dit is ‘n Namibiese koerant - van 24 Mei 2002 in my besit. Ek haal graag hieruit die volgende aan:

Hoop het gister op Swakopmund opgevlam dat Suid-Afrika Namibië gaan help om die sterwende pelsernywerheid te red. ``Ons sal ‘n oplossing bereik,’’ het die Suid-Afrikaanse Minister van Omgewingsake en Toerisme, Minister Mohammed Moosa, gesê. Waar hy voor die konferensiesaal van die Alte Brücke met Republikein gesels het, het ander stemme ook opgegaan wat daarop dui dat Namibië selfs in die rol van ‘n redder tot die sardynnywerheid van Suid-Afrika kan toetree.

Ek merk ook, en ek is baie dankbaar, dat die Minister die totale pelagiese kwota verhoog het met 158%. Dit ís te danke aan die goeie bestuur van die bronne, maar terselfdertyd moet die Minister ook nie die opofferings wat daarmee gepaard gegaan het uit die oog verloor nie. Baie pelagiese vissermanne het selfs hul huise verloor in hul poging om die bron te beskerm. Ek dink werklik dit sal baie onregverdig wees om in hierdie stadium dié mense daardie bron te ontneem.

Op die oomblik is die pelagiese appèlle nog nie eers gehanteer nie. Daar is baie mense wat geïnvesteer het in die bedryf, maar wat hul regte verloor het. Baie kwotas is nie eers ekonomies lewensvatbaar nie. Ek wil graag vandag van die Minister weet: waar staan Suid-Afrika ten opsigte van die pelagiese bedryf van Namibië? Ek dink hy skuld hierdie Raad ‘n antwoord.

Sy departement het die hofsaak teen die Elandsbaaise fabrieke, wat gegaan het oor die hersiening van die toekenningsproses, met koste verloor. Die ligte is rooi. Die gevaarligte brand.

Ek hoor die Minister praat ligtelik van fair and equitable''. Sou hy dit asfair and equitable’’ beskryf dat hy ‘n ad hoc-toekenning maak ten opsigte van sommige Weskus-appèlle? Sewe tot nege van dié appèlle wat suksesvol was, het op 3 April verskyn. ‘n Maand later, op 3 Mei, het die res van die appèlle te voorskyn gekom. So onlangs soos gisteraand was daar nóg mense wie se appèlle uitstaande was, en waaroor daar nog nie sekerheid was nie.

Die regsamptenaar in sy departement het van die maatskappye gebel om te hoor of hulle besig was met regsaksies, en aan hul gesê dat hul eers moet wag sodat die departement kan kyk wat hy kan doen. (Translation of Afrikaans paragraphs follows.)

[I listened when the Minister spoke about the European Union, and I am very grateful to learn that our Government is standing by the position that we will not allow the European fleets in our waters. However, I have a Republikein - that is a Namibian newspaper - of 24 May 2002 in my possession. I would like to quote the following from it:

Hoop het gister op Swakopmund opgevlam dat Suid-Afrika Namibië gaan help om die sterwende pelsernywerheid te red. ``Ons sal ‘n oplossing bereik,’’ het die Suid-Afrikaanse Minister van Omgewingsake en Toerisme, Minister Mohammed Moosa, gesê. Waar hy voor die konferensiesaal van die Alte Brücke met Republikein gesels het, het ander stemme ook opgegaan wat daarop dui dat Namibië selfs in die rol van ‘n redder tot die sardynnywerheid van Suid-Afrika kan toetree.

I also note, and I am very grateful, that the Minister has increased the total pelagic quota by 158%. This is thanks to good management of the resources, but at the same time the Minister should also not lose sight of the sacrifices that were associated with this. Many pelagic fishermen even lost their homes in their attempt to protect the resource. I really think it would be very unfair to deny these people that resource at this stage.

At the moment the pelagic appeals have not even been dealt with yet. There are many people who invested in the industry, but lost their rights. Many quotas are not even economically viable. Today I would like to know from the Minister: Where does South Africa stand with regard to the pelagic industry of Namibia? I think he owes this Council an answer. His department lost the court case against the Elands Bay factories, which was about the review of the allocation process, with costs. The lights are red. The warning lights are on.

I hear the Minister speaks lightly about ``fair and equitable’’. Would he describe it as fair and equitable that he make an ad hoc allocation with regard to some West Coast appeals? Seven to nine of these appeals which were successful appeared on 3 April. A month later, on 3 May, the rest of the appeals appeared. As recently as last night there were still people whose appeals were outstanding, and about whom there was still not certainty.

The legal officer in his department telephoned some of the companies to hear whether they were involved in legal action, and told them that they should wait so that the department could see what it could do.]

That is not due process. That is not fair. That is not equitable.

In die stokvisbedryf is daar ook geweldige ongelukkigheid. Hoe kan die Minister aanvaar dat ‘n maatskappy soos Viking, wat kwotas van 3 064 ton hake trawl'' en 1 188 tonhake inshore’’ het, en … [In the hake industry there is also a great deal of unhappiness. How can the Minister accept that a company like Viking, which has quotas of 3 064 tons of hake trawl and 1 188 tons of hake inshore …]

Ms N D NTWANAMBI: Chairperson, on a point of order: Are we discussing the fish and sea here or other issues?

Mrs A M VERSFELD: I said I am not taking any questions. Chairperson, may I please go on.

Ms N D NTWANAMBI: I am not talking to you. Wait till you …

Mrs A M VERSFELD: I said I am not going to take any questions. So, I hope you will grant me the extra time.

The CHAIRPERSON OF COMMITTEES: Order! But hon member, I have not asked you a question. I will protect you, but do not intimidate me. You may continue, hon member.

Mrs A M VERSFELD: Chairperson, will you please protect me from the lady in front of me. [Applause.]

Die stokvisbedryf veroorsaak net soveel ongelukkigheid. As ek kan terugkom na Viking, wat soveel inshore'' en soveeltrawl’’ tonnemaat gekry het, dan het sy party die vermetelheid … [Tussenwerpsels.] [The hake industry is causing just as much unhappiness. If I could come back to Viking, which received so much inshore and so much trawl tonnage, then his party has the audacity … [Interjections.]]

The CHAIRPERSON OF COMMITTEES: Order! Hon member, there is another point of order. Your time will not be taken by the points of order.

Ms J L KGOALI: Chairperson, on a point of order: I just want to know from the hon member whether she is addressing the House or the gallery?

The CHAIRPERSON OF COMMITTEES: Order! The hon member has indicated earlier on that she will not answer any questions. Carry on, hon member.

Mrs A M VERSFELD: Thank you, Chairperson. And then that department has the audacity to allocate …

The CHAIRPERSON OF COMMITTEES: Order! Hon member Versfeld, there is another point of order.

Mrs A M VERSFELD: Chairperson, I want you to protect me please.

The CHAIRPERSON OF COMMITTEES: Order! I promise to protect you, hence I am saying your time will not be taken by these points of order. You will have your time.

Chief M L MOKOENA: Chairperson, on a point of order: Is it in order for the hon member to refer to another hon member as ``this lady in front of me?’’

The CHAIRPERSON OF COMMITTEES: Order! Saying ``this lady in front of me,’’ is a not a way of addressing one another. Hon member Versfeld, would you continue.

Mrs A M VERSFELD: Thank you, Chairperson. And then that department has the audacity to allocate 65 tons of hake longline.

Dit is ‘n afdeling wat daar is vir die minderbevoorregte mense, vir die klein groepe, en dit word sowaar aan Viking Fishing, wat al die ander het, gegee! [That is a classification which is there for the underprivileged, for the small groups, and it was actually given to Viking Fishing, which has all the others!]

… as if they need that. And then he calls it fair and equitable. It might be legally justifiable, but it is not morally justifiable and we cannot call it fair and equitable. The CHAIRPERSON OF COMMITTEES: Order! Hon member, your time is up.

Mrs A M VERSFELD: It is impossible, Chairperson. I have eight minutes. I have not spoken …. [Laughter.] [Applause.]

The CHAIRPERSON OF COMMITTEES: Order! Hon member, your time is up. Your not believing it is casting aspersions on the staff in front of me who are monitoring the minutes even in the same manner as I had said that the points of order will not take any of your allocated time. [Interjections.]

Mr J I MABENA (Mpumalanga): Chairperson, Minister Valli Moosa, colleagues, MECs, members of NCOP for the opportunity to participate in the debate on the economic sector that I believe has a great potential, not only to help us deal with the scourge of unemployment, but also in the consolidation of the foundation that we have laid in building reconciliation and a united society.

The promotion of domestic tourism is key in achieving this. Tourism is about human relations and trust. Every tourist who visits a destination and does not stay with his or her friends or relatives, but in an accommodation facility - be it a guesthouse or hotel - places his or her entire life and trust in the hands of strangers in the form of hotel or guesthouse managers, waiters, chefs, housekeepers, bar attendants, etc. It is said that a smile is a very important tool in the tourism industry. [Interjections.] That is why I would like to submit that the creation of a less adversarial labour relations environment in this sector is one of the important prerequisites, and we can do that in partnership.

This is one sector that needs the creation of a fulfilling working environment. I am not saying that we should take over from the trade unions, but I am saying that both employers and labour movements in this sector will have to ensure that we always have this fulfilling working environment.

This is also an industry some of whose activities are based on hope when tourists who are game lovers wake up very early at dawn, climb into a game drive vehicle at Kruger National Park, drive around on a guided tour full of hope of seeing some if not all the members of the big five. The same element of hope can be found among bird lovers.

In March 2002, our province hosted the first African Peace Through Tourism Conference. At the end of the conference, we all agreed that we could bring peace using tourism as a catalyst. The potential of the tourism industry to create jobs cannot be overemphasised as it is labour intensive, unlike some of the sectors such as automobile manufacturing, where the robot revolution is rife, with six-metre tall robots used to screw in nuts and bolts.

In the tourism industry, for now, we still need warm bodies, ie people, to do most of the jobs. There is no way in which one can say to a robot: ``Take this food to room 203’’. So, I am saying that it is labour intensive. Tourism has the multiplier effect as its success depends on the efficiency and effectiveness of many of its components. Through tourism other opportunities, especially in services, are created.

The challenge that we are currently facing as a country is to make South Africa ``the’’ tourism destination. We have a world in one country and all that we need to do is to enhance our comparative advantage and competitive edge as a country.

This is a point which Minister Valli Moosa emphasised in his budget speech in May 2002, when he said that:

In order to realise high levels of growth in tourism, we need to increase the number of tourists to South Africa; we need to decrease the seasonality patterns and we need to make more conscious efforts to ensure that tourism growth creates opportunities for empowerment.

In the spirit of responsible tourism development we must of course, while increasing the number of tourists to our country, ensure that we increase our carrying capacity in the form of infrastructure development, and there are a number of positive steps that have been taken, also through the poverty alleviation programme. The need to diversify our tourism products on an ongoing basis presents us with an incredible opportunity to deal with both the problem of seasonality patterns and meeting our empowerment policy interests.

The fact that 193 emerging entrepreneurs, which includes 21 from Mpumalanga, were part of this year’s Tourism Indaba in May 2002 in Durban, is a clear indication that we are indeed on track with the transformation of the industry. The fragility of the tourism industry and the fact that it is easily affected by any level of insecurity cannot be overemphasised. We are all aware of the negative impact that the incidents of 11 September 2001 had on tourism. So, the question of tourism safety needs all stakeholders to put their shoulders to the wheel. This is more important as our country is seen and perceived as a safe destination.

It is incumbent upon all of us to ensure that co-ordination systems continue to be strengthened and that our marketing strategy and drive are intensified. The massive contribution of domestic tourism must be enhanced.

In conclusion, the challenges facing us as Government include, inter alia, the following: ensuring that tourism is Government-led, private sector driven and community-based at all levels, but more so at the local level. We must ensure and support the development of synergies and partnerships among various stakeholders at all levels, and there must be a clear programme focused at building the capacity of emerging entrepreneurs to engage meaningfully in all processes.

As I have said, we must always ensure that there is a less adversarial labour relations environment in this sector in partnership with labour and the private sector. We must ensure that the 193 emerging entrepreneurs who were taken to the Tourism Indaba 2002 to market their products or projects are sustained and that they can attend the 2003 Tourism Indaba with enhanced products. We must deal with the problem of terrible air pollution caused by some of the major industries such as the ones in pulp and paper and petrochemicals manufacturing.

It is not enough for us to hear the pulp and paper industry saying that for the bleaching process they have moved from chloride to ozone as though ozone is the only available technology to ensure that there is reduction in terms of air pollution whilst there are other systems that can be used. This terrible air pollution has a negative impact on tourism.

We must strengthen the unique transfrontier park initiatives as it is in line with the regional economic integration policy of this government, because as it is now, it will very soon be easy for a tourist to enter Skukuza, go to the Northern Province, take a cruise on Massingir Dam in the Gaza province of Mozambique and end up on the beautiful beaches of Xai-Xai. Those are the benefits of these transfrontier parks in terms of the diversification of our products. We must commend the Minister and his Department for the hard work they have done within such a brief period of time to turn the industry around.

One believes that a strong foundation has been laid, and we can, in partnership with all stakeholders, grow this industry even bigger.

Nkk J N VILAKAZI: Sihlalo ohloniphekileyo, mhlonishwa uNgqongqoshe womNyango, neNdlu yonke ehloniphekileyo, mangiqale ngokubonga kakhulu kumhlonishwa kanye nomNyango wakhe ngokuxazulula inkinga ebisikhona kubangcebeleki emabhishi, mayelana nezimoto ezidume ngokubizwa ngo-4X4.

Ebhishi edume kakhulu, iSt Lucia, okuyindawo edume umhlaba wonke futhi okungenye yezinye ezaziwa ngokuthi ama-World Heritage Sites, okungamafa omhlaba kwezemvelo, izivakashi bezikhinyabezwa ukungakwazi ukuhamba ngalezi zimoto ezingawushayi mkhuba umhlabathi wasolwandle. Abagibeli bebethokozela ukuzigibela bazulazule nebhishi bebuka ubuhle bemvelo. Umnotho ubusaqala ukwehla ngalesi sizathu. Siyabonga kakhulu kumhlonishwa uNgqongqoshe ukuthi usebadedele manje, KwaZulu-Natali, ukuthi o-4X4 mabaqhubeke ngoba bangenisa imali.

Angikhulumeli nokho iSt Lucia yodwa, angizishiyi ngaphandle izindawo esicebe ngazo ekuheheni izivakashi KwaZulu ezifana noKosi Bay kanye nalo lonke ugu lolwandle esinalo. Sicebile KwaZulu-Natali ngalezi zindawo. Kukhona izindawo ezidinga imali eningi ukuze zithuthuke kakhulu. Sineziqiwi ezifana noMfolozi Game Reserve, Hluhluwe Game Reserve, Ndumo Game Reserve kanye nezinye izindawo eziheha izivakashi. Sine-Valley of a Thousand Hills, namahlathi adumile oNkandla Forest Reserve noDukuduku forest - sicebile KwaZulu Natali. Ngithi kuNgqongqoshe sidinga imali eningi. Sinezindawo ezinamanzi ashisayo konke okuyizinto ezinhle futhi ezithandwa kakhulu izivakashi.

IKwaZulu-Natali ayinabusika, kuhlale kufudumele khona ubusika nehlobo. Amakhaza ayivela kancane e-KZN. Amasimu kamoba ayaziheha izivakashi kakhulu. UMnu Nyakane benoNkk B Dlulane, esinabo lapha kule Ndlu, bangofakazi balokho. Sinamadamu afana noNtshongweni Dam, Midmar Dam, Phongola Dam, Goedertrouw, angazi ukuthi ngingabala ngithini. IKwaZulu- Natali icebile nje kuzo zonke izinto. Noma kunjalo-ke kodwa asilingani.

Abantu, KwaZulu, bayazenzela ngezandla zabo imisebenzi emihle nekhangisayo ezivakashini. Sicela imali ithi xaxa kulesi sifundazwe esiletha umnotho eNingizimu Afrika yonkana. Ngithi kuNgqongqoshe makaxhase ngokuthe xaxa kulabo bantu abanamakhono kodwa abangenayo imali yokusukuma benze izinto. Badinga ukusizwa ukuze izivakashi zisizakale.

Okokugcina, izivakashi siyazithokozisa ngomculo onhlobonhlobo. Omasikandi abadumile babuzwa kithi: uMfazomnyama Nezingane Zakhe, iHhashi Elimhlophe. Isicathamiya siphethwe yithina: iLadysmith Black Mambazo eyethu, KwaZulu- Natali. Umculo wezenkolo namakwaya konke lokhu kuyizinto esinazo. Sinezinto eziningi ezinhlobonhlobo KwaZulu-Natali.

Siyazithokozisa izivakashi zethu. Sithi maweze amalungu azozibonela. Sinayo nendlamu. Sishaya yonke inhlobo kuze kugqashuke ibheshu. Onobuhle abadumile bagcwele kulesi sifundazwe. Izivakashi ziyazizela nje, zizozibukela.

Cha, nina benkosi bengithi nje angithi qaphu qaphu kafushane, ngigiya ngombuso wethu KwaZulu. Uma siheha izivakashi siye sithi: ``Welcome to the Kingdom of the Zulus.’’ Kodwa-ke sibuye sijike futhi uma sithanda bese sithi: KwaZulu-Natal. (Translation of Zulu paragraphs follows.)

[Mrs J N VILAKAZI: Chairperson, hon Minister for the Department, and the House at large, I would first of all like to thank the hon Minister for resolving the problem that has been encountered by tourists at the beach regarding 4x4 motor vehicles.

At St Lucia, which is a popular place worldwide and one of the places which are known as a World Heritage Site - a world natural inheritance - tourists were unable to drive these cars that move easily on the seashore. Passengers enjoyed driving these cars at the seaside, appreciating the beauty of nature. The economy has been declining as a result of this situation. We thank the hon Minister for allowing the 4x4s to continue because they are a source of income in KwaZulu-Natal.

I am not talking about St Lucia only. I am not leaving out some of our heritage sites that we have as tourist attractions such as Kosi Bay and the rest of our seashore. We are rich with these places in KwaZulu-Natal. There are places that need a lot of money to develop to their full potential. We have game reserves such as the Mfolozi Game Reserve, the Nondumo Game Reserve, and other places that attract tourists, such as the Valley of a Thousands Hills, and forests such as the Nkandla Forest Reserve and Dukuduku Forest - we are rich in KwaZulu-Natal. I am saying to the Minister, we need more money. We have hot springs, which form part of all the beautiful things that are loved more than anyone by tourists.

There is no winter in KwaZulu-Natal; it is warm in winter as well as in summer. It is hardly cold in KwaZulu-Natal. Sugarcane fields attract tourists. Mr Nyakane and Mrs B Dlulane, who are with us in this House, are witnesses of this. We have dams such as the Ntshongweni Dam, Midmar Dam, Pongola Dam and Goedertrouw Dam. The list is endless. KwaZulu-Natal is rich everything. Nevertheless, we are not equal.

People in KwaZulu-Natal make beautiful things with their own hands, things that are attractive to tourists. We are asking for more funds in this province, which brings money to the whole of South Africa. I am asking the Minister to give more funds to those people who have skills, but are unable to use them because they lack funds. We have many different sorts of things in KwaZulu-Natal.

We entertain our visitors. We call upon members to come and see. We also have different kinds of traditional dance. There are famous beauty queens in this province. Tourists are coming in numbers to see for themselves.

No, you subjects of the king, I was just briefly informing you about our kingdom, KwaZulu. When we attract tourists, we say: ``Welcome to the Kingdom of the Zulus!’’ We also change this and say: KwaZulu-Natal.]

This is all within the parameters of freedom of speech. I can tell the hon the Minister that the IFP supports the Budget Vote.

Siyababongela labo abaphumelele emncintiswaneni omuhle kangaka wedolobha elihlanzekile. Sithi kodwa: Zisina zidedelana. Kusasa kuzoba kungabanye. [Ihlombe.] [We congratulate those who won such a remarkable competition as the one of the clean city. But we say: Tomorrow, it will be others. [Applause.]]

Mr T S SETONA: Chairperson, I am speaking on behalf of the MEC for environmental affairs and tourism in the province, the hon T S Belot, who is not here with us today as he has lost his younger brother on Tuesday on the occasion of the debate on the Budget Vote of the Department of Trade and Industry. So, every ``I’’ in the speech will refer to Mr Belot, not myself! [Laughter.]

Chairperson and hon members, one of the main responsibilities of any government in the world is that of ensuring a better life for all its citizens. This responsibility remains one of the greatest challenges facing this Government in terms of the eradication of poverty, which affects a number of its citizens. Poverty has been identified as one of the factors that contribute towards irreversible degradation of natural resources in the whole world. It is one of those factors which form the components of a vicious cycle between people and the natural environment.

It was this realisation that led the nations of the world to gather in a summit in Rio de Janeiro in 1992 to discuss issues of sustainable development. Ten years down the line, and in two months’ time, this country will be hosting a follow-up summit on the issues of environmentally sustainable social and economic development of the poor. It will be a summit on the welfare of the various nations of the world.

It gives me great pleasure to inform members that, at provincial level, my department is actively involved in activities that are aimed at preparing for this upcoming summit. On 17 and 18 May 2002 the province, in conjunction with Jowsco, which is the Johannesburg World Summit Company, hosted the roadshow for the summit. It was a successful event that was attended by a wide range of stakeholders from within the province. One of the products of the Free State roadshow was a declaration by all stakeholders present which, in a nutshell, recognised co-operation in government and working in partnership with other sectors and partners as a key to sustainable development.

The declaration further identified the World Summit on Sustainable Development as an opportunity to join the nations of the world in declaring our unwavering commitment to the eradication of poverty and taking practical steps in attaining sustainable development.

It gives me pleasure to further inform members that we in the department have started preparing for yet another world summit that will be hosted by our country next year. This is the World Parks Conference that also meets every ten years as a major global forum for protected areas. It offers a unique opportunity to take stock of protected areas, provides an honest appraisal of progress and setbacks, and charts the course for protected areas for the next decade and beyond.

In simple words, the challenge for this world body is to ensure that the future generations will be able to enjoy the wildlife and natural biodiversity that we have today. While the South African National Parks Board is the lead organisation working within the IUCN on these preparations, officials from my department are participating at steering committee level to help drive the planning process.

The theme of the congress is ``Benefits Beyond Boundaries’’, and is intended to stimulate broader thinking about protected areas. This theme is intended to develop strategic alliances between protected areas and other sectors such as tourism, forestry, water supply, etc. This will be another invaluable opportunity for our communities to witness the relevance of protected areas to the broader economic, social and environmental agendas of the world in the 21st century.

Great strides have been made in the area of waste management in the province. With the launch of the Cleanest Town Competition on World Environment Day by Minister Valli Moosa at Batho in Mangaung last year, municipalities have taken the challenge to keep their towns clean seriously. In the Free State, 11 of our 25 local municipalities entered this competition. Entering the competition made the municipalities, and the communities at large, aware of the critical issues concerning waste management.

The competition instilled a sense of ownership in the community and a great improvement has been realised in the cleanliness of towns. I believe that this Cleanest Town Competition will yield good results if it is continued on an ongoing basis. I also believe this will ease the waste and pollution problem in our towns. We will achieve the goal of having clean and healthy towns in this country.

Subsequent to the waste summit that was held in the Limpopo province in September last year, the Free State is holding awareness-raising workshops with various stakeholders on the Polokwane Declaration. This has been the main focus of the World Environment Week activities within the province.

A waste management committee will be established in each district council to identify and resolve waste management problems in an integrated fashion. These committees will be constituted of representatives of government departments that manage activities which impact on the environment, industries and civil society.

Waste minimisation, with intense focus on prevention, reduction, reuse and recycling of waste, is being emphasised through enviro-clubs established in schools throughout the province. General education is given to the public to raise awareness of the jobs that can be created from recycling waste into artefacts that can be marketed both locally and overseas, thus promoting investment and tourism in the country.

Buy-back centres are being established in poor communities to remunerate individuals that collect and sort waste for recycling. There is a willingness amongst communities to actively participate in the project. However, the transport for collection of the waste is often a challenge for the community and, thus, the success of these buy-back centres.

The municipality is currently providing labelled bins at taxi ranks as an initiative to encourage the separation of waste from source for recycling. There is, however, still a need to educate the community about discarding the different waste streams in the designated bins, as some people still mix up the waste in the labelled bins.

A waste information system pilot project will be launched at the Mangaung municipality before the end of 2002 for the storing of data on air pollution emissions and waste disposal by industry. This information will be accessible to the public, and polluting industries will be shamed in public for degradation of the environment. Industries and other stakeholders will thus be forced to reduce air pollution and hazardous waste disposal in order to enjoy support from the Government and the public.

Currently, the prevention of air pollution is unfortunately not effective due to the inadequacy of air pollution officers in the provincial department of environmental affairs and tourism, as well as at local government level. This will, however, change with the enactment of the national air quality Bill, which should take place before the end of 2003. In terms of this Bill, each environmental affairs and tourism provincial office will be expected to appoint an air pollution control officer. Each industry with significant emission levels will have to start monitoring and taking mitigation measures to control its emissions.

Reports to this effect will be submitted to the local authority and, ultimately, to the department for national publication through the waste information system. Industries not conforming to the ambient standards, according to the proposed national air quality Act, will be prosecuted.

Subsistence fishing is being protected by the River Health Programme. So I think it is not only the Western Cape that can talk about fishing. It is a pity the hon Versfeld is not here. This programme involves the different species occurring in a river. The presence or absence of a certain species determines the health of the river as well as the extent of pollution in the water.

The removal of the water hyacinths and azola at Bloemhof Dam and at the Vaal and Vet Rivers is being prioritised, as their fronds cover the surface of the water, preventing oxygen penetration and ultimately resulting in the death of fish in the river. Two yellow fish species have been identified as indicator species for the rivers in the Free State. Anglers will pay to catch these fish and this will generate revenue and employment for rural people, who will conserve the fish and their habitat.

In closing, I am also pleased to inform members that with financial assistance from the national Department of Environmental Affairs and Tourism, the province will soon be compiling a state-of-the-environment report for the entire province. Various stakeholders will be engaged during this process, which includes other government departments, nongovernmental organisations, the private sector, education institutions and civil society.

The state-of-the-environment report will provide access to environmental information that will be integrated, analysed and interpreted for governmental and other agencies to enhance decision-making and sustainable development planning. The report will be a tool for enhancing an understanding of environmental issues, rights and responsible actions which, in turn, will encourage individuals, communities and organisations to improve their quality of life. I would like to take this opportunity to thank the national department for organising sponsorship for funding this very important process on behalf of the province. [Applause.]

Mr K D S DURR: Chairperson, Minister, I am going to raise a question with the Minister that I raised with him last year and, I am afraid, on which there has not been any progress.

The question has to do with the West Coast National Parks Board land acquisition programme. This has to do with the land that lies in the northern core of the West Coast biosphere reserve which is listed under the Unesco biodiversity protocol. The land is called Langfontein. It is a farm, it is attractive land and it is currently owned by the Department of Defence. It is the only bit of Renosterveld left in that area contiguous with the National Parks Board, which is superfluous to the Defence department’s needs and where the ownership of the land is currently under review. The West Coast National Parks Board applied for the land some two years ago. There are other competing interests now. The land is central to the long-term expansion plans of the National Parks Board and will protect the northern part of the West Coast biosphere.

The land can be transferred at no cost because it is Government land. The Minister knows that only about 1% of West Coast fynbos is left. The rest has gone to the plough or to alien vegetation or to development. There is a little area around the West Coast National Park which is left, the core area of that biosphere. This Defence Force land is absolutely critical. I understand now that it has very low agricultural potential, but very high biodiversity and that is why it is listed under the Unesco protocol.

The land provides an opportunity to increase the botanical diversity, to reintroduce rare animals and species, and it adjoins Elandsfontein, which is home to the the second oldest human remains in the country after Sterkfontein. It has a high tourism potential and therefore will support employment.

They want to increase the critical mass of this land on the eastern side of the park. This land is absolutely central. It is the only important piece of land which is key to one or two other pieces of land, and when it is gone - there will be nothing left. The difficulty is that we are now here at this point.

First of all, we have heard nothing for years. They have been applying - they have applied twice. They keep hearing stories, but get no response from anybody. Now we hear that Correctional Services has applied for the land as well and that they want to build a prison. I know it is important to have prisons and I am sure the motives of Correctional Services are good. But to build a high-security prison in the middle of the most biodiverse part of the Western Cape, inside what could be a national park adjoining a national park, on the last remaining piece of Renosterveld would be vandalism, and I know that the Minister’s department will not allow it.

That is why I have the temerity to raise the matter with him. I know that the Minister will give it his attention, and it needs his urgent attention. It really does. It is a critical piece of land - a supersensitive piece of land - which is enormously biodiverse.

The National Parks Board has applied, they qualify in all respects and they are supported by everybody, including all the conservation authorities. Their argument is that the land has no agricultural value. They really need to resolve this matter. I am asking the Minister to please give it his attention.

We look forward to the Protected Areas Bill, which I know the Minister is working on. We look forward to it in this Parliament. This will give us in the Western Cape the opportunity to give status to the biosphere reserves ourselves. It will allow us to give them teeth. Currently, they are good planning tools but they have no legal force. We are working in the Western Cape on legislation to give these biospheres status. This will be in harmony with the legislation which the Minister is currently planning, I understand, on the Protected Areas Bill, the Bill that I mentioned previously.

I want to tell the Minister that this piece of land is the only piece of land there. It has the sea on the one side, a city on the other, another city on the other side. It is agricultural land that has been used for monoculture. Inside that biosphere people are planting pine forests and applying for eucalyptus forests, and ripping out the last of the fynbos for planting potatoes. There is hardly anything left.

And here one has this unique piece of land that just by luck belongs to the Department of Defence. I ask the Minister to please respond to that application from the National Parks Board and transfer this land to them quickly, because it would be a wonderful thing were he to do this, a wonderful thing for us in the Cape and a wonderful thing for our country. [Time expired.]

The CHAIRPERSON OF COMMITTEES: Order! I note that Gauteng has walked out. I do not know whether it is in protest, but all the Gauteng seats are empty.

Mr J P GELDERBLOM (Western Cape): Madam Chair, first and foremost I want to thank the Minister of Environmental Affairs and Tourism, Mr Valli Moosa, for the wonderful work he is doing at the national level to promote the case for tourism in the Western Cape and South Africa. I say thank you very much to the Minister.

It was with a great sense of pride that I attended the largest travel expo in Africa some weeks ago - the Tourism Indaba in Durban. Many participants there were from the Western Cape. We have tried to gear our tourism industry towards creating sustainable, self-reliant and developmental opportunities for communities. Ultimately, a prerequisite for the successful development of tourism is the participation of the community.

It is our intention to ensure that tourism in the Western Cape is open to all. We are the gateway to Africa, and we have a responsibility to showcase African hospitality. Our efforts to promote township tourism have paid handsome dividends, with increased numbers of visitors visiting the formerly disadvantaged areas near Cape Town in particular.

This has added yet another destination to the itinerary of international tourists who increasingly want to interact with local people and taste the flavours of the countries that they visit. I am pleased to announce that our policy of including businesses from formerly disadvantaged areas in the indaba this year and last year is also beginning to pay dividends.

The joint marketing initiative, JMI, in the Western Cape is aimed at joining the fragmented marketing forces of the Western Cape in order to increase tourism, trade and investment to the Cape. It makes more sense to streamline our marketing efforts and to have a single-minded focus in promoting Cape Town and the Western Cape to national and international markets.

In the short term, the JMI aims to promote the Western Cape and Cape Town in a focused and united marketing strategy. In the long term, the initiative will bring economic upliftment, create jobs and benefit all the citizens. The challenge is to ensure that the image of Cape Town and its hinterland is translated into a single brand, which shapes domestic and foreign perceptions of our region as a desirable place in which to do business, invest and visit. The JMI will change the face of Western Cape tourism.

Over the past 15 to 20 years, the market incentive for the hosting of meetings, conferences and events have experienced major international growth. However, the Western Cape has not been able to respond to this opportunity, because we could not offer facilities of an international standard.

This year the Western Cape provincial government allocated a capital payment of R85 million for a world-standard convention centre. At present, SunWest International contributes R140 million and the City of Cape Town R264 million. The centre, rising on the Foreshore as we speak, will position the Western Cape as a destination for global meetings, conventions and events, and will be a major opportunity to grow into tourism. It will be an important magnet in attracting business tourists.

The Cape Town Convention Bureau recently confirmed that just under R100 million worth of convention business has been secured between now and 2010. The positive impact of this on the local fiscus cannot be underestimated, nor can the value of its job creation potential. Convenco is an excellent example of tourism potential to fight poverty. The centre will offer opportunities to outsource and concession activities which are not core to the management of a world class convention centre. It will provide opportunities for Western Cape-based businesses, especially those from previously marginalised communities, to operate in an international environment. It is estimated that, in the next 10 years, Convenco will contribute R25 billion to the GDP, and in this time will create 47 000 direct and indirect job opportunities. I am pleased to announce that the convention centre is due to open one month ahead of schedule in July 2003.

With regard to addressing the flight increases to Cape Town, my department is critically aware of the urgent need to resolve the ``open skies’’ issue and we engage with international carriers to pursue ways and means to allow greater inflow of international tourists into the country via Cape Town International Airport.

I would also like to thank the Minister for his contribution in this regard. As hon members are aware, I also recently called for an enquiry in the Western Cape to prove the frequency of both domestic and international flights into Cape Town and their impact on tourism in the province. This action follows widespread disenchantment among the tourism industry in the Western Cape concerning the low frequency of international and domestic flights into the province and its detrimental impact on tourism for the area.

International and domestic flights into Cape Town are of vital importance for the Western Cape. Tourism in the Western Cape is big and over the past few months it has become clearer to me that the tourism budget for this province is not in accordance with its huge job creation potential. In the tourism industry there are many expectations and great pressure from our private sector partners to develop this potential. Without an appropriate budget we cannot operate effectively and I intend looking into this in more detail and the Western Cape government supports me in this regard.

There is no doubt that tourism is offering us the best opportunity for economic and employment growth over the next decade. In fighting poverty, tourism development must play a critical role in supporting the constitution’s commitment to improving the quality of life of all citizens while protecting the natural environment for future generations.

As far as environmental affairs and development planning is concerned, the Western Cape economy, and in particular agricultural tourism and manufacturing sectors, is dependent upon the sustainability and availability of natural resources such as clean air, water and soil, and the fauna and flora, and on the scenic beauty of the province’s natural and cultural landscapes and coastline.

The province of the Western Cape has the privilege and responsibility of being home to the major part of the smallest of the world’s six floral kingdoms. Some 80% of the Cape floral kingdom is located within the boundaries of this one province. The government of the Western Cape is fully committed to managing this unique resource sustainably and has embraced a bio-regional approach to land use planning to give effect to this commitment. The Western Cape Chief Directorate plays a key role in the environmental decision-making process that leads to business promotion, job creation and poverty alleviation. The inequality in the distribution of wealth and resources and the resultant poverty are among the important causes, as well as the results, of harmful practices.

The core business of this directorate is not the protection and preservation of the biophysical elements of the environment. It is to administer, implement and enforce the regulatory framework that ensures that activities which are probed because they may have a substantially detrimental effect on the environment are considered, investigated and accessed prior to their authorisation and implementation. Indeed, the Western Cape has stirred the academic interest of internationally acclaimed institutions such as Unesco, the World Wildlife Fund, etc. This reminds us of our responsibility to treat with sensitivity and respect what nature has provided for us.

We are doing this not only for our children, but for the good of the entire world. We are also reminded of the challenge of accommodating the needs of all our people. These needs are often in direct competition with one another within the confines of what we have.

My speech here today in the NCOP would be incomplete if I did not explain how the Western Cape Chief Directorate of Environmental Affairs is going to support our premier and our government of the Western Cape in respect of the four pillars of concern that we have identified as being central to sustainable development for the Western Cape and its people. Here I refer to HIV/Aids, poverty eradication, safety and security, crime prevention, tourism and business development.

As far as poverty eradication is concerned, legal requirements in terms of the regulations under the Environment Conservation Act in respect of public participation on the impact of development on the environment has created job opportunities for the unskilled sector. [Time Expired.] [Applause.]

Cllr Z BREY (Salga): Madam Chairperson, hon Minister, hon members and special delegates, section 26 (2) in Chapter 6 of the National Environmental Management Act of 1998 makes provision for the Department of Environmental Affairs and Tourism to compile an annual performance report on sustainable development. Furthermore, the Act indicates that the report should cover information from all spheres of government where activities are in line with Agenda 21.

Many problems and solutions that will be addressed by the implementation of section 26 of Nema will have their roots in local activities. This will mean the participation and co-operation of local authorities in providing information for the Nema report which will be a determining factor in fulfilling Nema’s objectives.

As a basis for action, it should be understood that local authorities construct, operate and maintain economic, social and environmental infrastructure. They also oversee planning processes and assist local environmental policies and regulations and assist in implementing national and subnational policies. Salga believes that for the proper implementation of section 26 of Nema, the involvement of local government can be a positive move in identifying constraints and priorities on the implementation of Agenda 21 in South Africa.

The responsibilities of Salga in ensuring the implementation of Local Agenda 21 at local levels are enormous. That is even supported by the signed memorandum of agreement between Salga and the Department of Environmental Affairs and Tourism, in which Salga agreed to take the responsibility of co-ordinating all activities of Local Agenda 21 at local level. The memorandum of agreement which was signed on 22 March 2001 placed an extra burden on Salga, whereby Salga’s business plan has had to shift and focus on integrating the concept of sustainable development and the principles of Agenda 21.

Most people argue that the future cannot be predicted, but the key issue for the Department of Environmental Affairs and Tourism is to perceive the role of local governments in engaging in programmes of implementing Agenda 21 after the Johannesburg Summit. If the Department of Environmental Affairs and Tourism is of the view that local government will play an important role in implementing Local Agenda 21 programmes, then there is a need for them to budget for the implementation of Local Agenda 21 at local level.

Local government is closest to the people and this gives it a vital role in educating our people and mobilising and responding quickly to the public in any programmes or projects that promote sustainable development. The trends of expenditure reflected in this Budget Vote do not cover expenditure for local governments to implement projects and programmes of Agenda 21 effectively.

In conclusion, Salga is of the view that many components of the process of sustainable development are already happening at local level, because they are not new. But the key issues for our Government are financial support, recognition and appraisal for those local governments who have made progress on the implementation of Local Agenda 21. Salga also believes that with Local Agenda 21 the principle of interconnectedness is applied, therefore, the three spheres of government should work hand in hand for better results in implementing the programmes of Agenda 21 [Applause.]

Dr E A CONROY: Chairperson, Minister Valli Moosa, MEC’s and colleagues, having had the opportunity to be briefed on the Department of Environmental Affairs and Tourism’s strategic plan for the three-year period from 2002 to 2005, and to consider the relevant document objectively, I wish, in the first instance, to mention that the New NP supports this Budget Vote and, secondly, to offer the Minister a bouquet of the best that South Africa’s floral heritage has to offer.

I do this with pleasure after having taken note of the department’s wide range of achievements over the past few years. The list of achievements is truly impressive and includes, inter alia, the declaration of South Africa’s first three world heritage sites, the opening of the first transfrontier conservation park in Southern Africa and the signing of agreements to establish several transfrontier conservation parks and areas, the White Paper on Sustainable Coastal Management and declaration of the first whale sanctuary in South Africa, the allocation of the first long- term rights in the fishing industry and the crackdown on illegal activities responsible for the depletion and criminal destruction of our valuable marine resources and heritage and last, but not least, the publication of regulations banning thin plastic bags and prohibiting 4x4 vehicles and other private vehicles on our beaches.

Ek het twee jaar gelede, tong in die kies, na plastieksakke verwys as die nuwe nasionale blom van Suid-Afrika. Met verwysing na die laaste twee prestasies word ek ongelukkig ook genoop om die Minister ‘n ruiker van hierdie nuwe nasionale blom van Suid-Afrika aan te bied.

Daar is met groot opgewondenheid in bewaringskringe uitgesien na die betrokke regulasies. Die groot teleurstelling het egter ‘n ruk gelede gekom toe dit geblyk het dat die plastiekregulasies in ‘n baie afgewaterde vorm toegepas gaan word. Gister was dit weer die slag dat mense tog, hoewel tydelik, toegelaat gaan word om met hul duur speelgoed op St Lucia se strande te kerjakker.

Ek aanvaar dat die Minister en sy departement sekerlik hul bes doen om die regulasies in hul oorspronklik bedoelde vorms toegepas te kry, en dus nie alleen vir hierdie heeltemal onaanvaarbare situasie te blameer is nie. In ander lande word papiersakke, of mense se eie houers, gebruik om hul inkopies in te pak. Pakkers in supermarkte hoef dus nie regtig hul werk te verloor nie.

Wat die argument oor toerusting vir die vervaardiging van plastieksakke betref, is daar ‘n ou spreuk wat sê: waar daar ‘n wil is, is daar ‘n weg. Kan daar nie weer eens met Minister Erwin en Minister Manuel onderhandel word om sekere belasting- en ander toegewings aan plastieksakvervaardigers te maak om die vervaardigingstoerusting vinniger af te skryf en, in die belang van ‘n skoon Suid-Afrika, met toerusting te vervang wat meer omgewingsvriendelike verpakkingsmateriaal vervaardig nie?

Wat vierwielaangedrewe voertuie op strande betref, is ek bevrees dat daar ‘n gaatjie in die dyk gemaak is, en dat die Minister nou oorstroom gaan word met aansoeke om uitsonderings. Op watter gronde sal daar nou, ten gunste van rykes met duur vierwielaangedrewe voertuie, op ‘n erge wyse gediskrimineer kan word teen Suid-Afrikaners met goedkoper voertuie wat ook op strande sal wil ry om vis te vang wat brood op hulle tafels plaas? (Translation of Afrikaans paragraphs follow.)

[Two years ago, tongue in cheek, I referred to plastic bags as the new national flower of South Africa. With reference to the last two achievements I am unfortunately also compelled to present the Minister with a bouquet of this new national flower of South Africa.

In conservation circles the regulations concerned have been looked forward to with great anticipation. The immense disappointment, however, occurred some time ago when it appeared that the plastic regulations would be enforced in a very watered-down version. Yesterday there was the blow that people would, although temporarily, be allowed to career around in their expensive toys on the beaches of St Lucia.

I accept that the Minister and his department are certainly doing their best to have the regulations enforced in their originally intended form, and are therefore not solely to blame for this entirely unacceptable situation. In other countries paper bags, or people’s own containers, are used for their shopping. Packers in supermarkets would therefore not really need to lose their jobs.

As far as the argument about equipment for the production of plastic bags is concerned, there is an old saying that goes: Where there is a will, there is a way. Would it not be possible to once again negotiate with Minister Erwin and Minister Manuel to make certain taxation and other concessions to plastic manufacturers to write off the manufacturing equipment more expediently and, in the interest of a clean South Africa, replacing it with equipment that produces more environmentally friendly packaging material? Where four-wheel drive vehicles are concerned, I am afraid that a little hole has been made in the dike, and that the Minister is now going to be flooded with requests for exemptions. On what grounds would there now, in favour of the rich with expensive four-wheel drive vehicles, be harsh discrimination against South Africans with cheaper vehicles who would also like to drive on the beaches in order to fish to put food on their tables?]

This brings me to another matter which I know is dear to the Minister’s heart, as he is the custodian of our heritage, and that is the question of the protection of ecologically sensitive areas which, if I understand it correctly, not only include our coasts but also refer to tidal rivers, lagoons and estuaries. My request is that when the department approves developments in eco-sensitive areas, they do not give approval subject to a long list of conditions which they are not able to police or monitor due to a lack of human and other resources. One frequently finds that developers accept the conditions and afterwards just do exactly what suits them.

Die verdere vraag word gestel wat die sin daarvan is om teen hoë koste vir die belastingbetaler weldeurdagte en beredeneerde ontwikkelingsriglyne daar te stel as dit maar net weer geïgnoreer word om ‘n ontwikkelaar te pas? Ek verwys spesifiek na ‘n substreekgidsplan wat ‘n sekere beoogde ontwikkeling as ongewens ag, maar waarin die betrokke ontwikkelaar en sy konsultante skynbaar toegelaat word om aansoek te doen om die wysiging van die gidsplan ten einde die ontwikkeling te kan akkommodeer.

Volgens die witskrif op volhoubare kusbestuur waarna ek reeds as ‘n prestasie verwys het, moet ontwikkelings wat onwenslike impakte tot gevolg sal hê, vermy word. Om op te som: my betoog is dat sover dit die bewaring van Suid-Afrika se natuurerfenis betref, enige optrede, hetsy dit ontwikkelings of die gebruik van voertuie op strande is, wat nie met die beperkte menslike en finansiële hulpbronne ordentlik gemoniteer en waarvan die voorwaardes nie streng en sonder uitsondering afgedwing kan word nie, liefs vermy moet word tot tyd en wyl ons wel in staat is om die nakoming van neergelegde voorwaardes af te dwing. Skade wat eers deur ondeurdagte goedkeuring aangerig is, sal nooit weer herstel word nie. Dit sal tot in die nageslag as ‘n beskuldiging teen ons staan. [Applous.] (Translation of Afrikaans paragraphs follow.)

[The further question is posed as to what the point is of developing well- considered and calculated development guidelines at high cost for the taxpayer when it would only once again be ignored to suit a developer? I am specifically referring to a sub-regional guide plan that regards a certain envisaged development as undesirable, but in which the developer concerned and his consultants have apparently been allowed to apply for amendment of the guide plan in order to accommodate the development.

According to the White Paper on Sustainable Coastal Management, which I have already referred to as an accomplishment, developments which will have an unfavourable impact should be avoided. To sum up: my argument is that as far as it concerns the conservation of South Africa’s natural heritage, any action, be it developments or the use of vehicles on beaches, that cannot, because of the limited human and financial resources, be properly monitored or conditions enforced without exception, should rather be avoided until we are able to enforce the agreed upon conditions. Damage that once occurred because of ill-considered approval can never be repaired. It would still be held against us in posterity as an impeachment. [Applause.]]

Mr R M NYAKANE: Madam Chair, the Northern Province, like other provinces, is endowed with cultural diversity, historic sites and many tourists attractions. These are, among others, the Nylsvlei Nature Reserve, which hosts about 400 species of waterfowl, and Bushveld, the archeological caves of Makapane Caves, the annually flooded hot springs of Belabela, that is Warmbad, and of course, the Zion city, Moria, with an annual pilgrimage of three million. I can carry on numerating.

Given this background, it sometimes sound paradoxical to rate the Northern Province one of the poorest provinces in the Republic. This might raise a crucial question as to what extent these natural resources are exploited to the betterment of the lives of the historically disadvantaged Limpopians. I just want to raise one other observation here on tourism. This is related to access roads. From my youth, I knew that roads that lead to the Kruger National Park, such as the White River-Skukuza, the Hazyview-Lisbon and the Klaserie-Orpen gate roads, were tarred as early as the sixties, and that they cut through the poverty-stricken villages.

Within the Kruger Park, accommodation facilities that approximate 3 to 4 star hotel standards have been constructed for the purpose of meeting the needs of the white tourists, be they from within the country or abroad. Subsequent to these developments, the Manyeleti Game Reserve was established specifically to serve ``swartmense’’, with inferior facilities and a very limited area of touring. It is often overcrowded, since black tourists and schools from as far as Gauteng and the Free State have flooded this particular resort.

The situation is aggravated by the deplorable conditions of access roads to Manyeleti Game Reserve. The Acornhoek-Islington and Rolle-Edinburgh roads are the only two principal roads that connect to Manyeleti. Manyeleti was established in the mid-sixties, and since then no government has ever thought of tarring these roads. Even today, while I am standing here talking, those roads are not tarred. The need probably never presented itself on account that it was only the black majority tourists and motorists that patronised these roads. Rainy seasons render these roads impassable, and thus impact negatively on eco-tourism. I therefore appeal to the hon the Minister to look into this matter, especially given the fact that there are two subprogrammes under Tourism, namely Tourism Business Development and the poverty relief programme, with an expenditure budget of R6,2 million and R86 million respectively.

I just want to touch on another observation. This concerns tourist airports in the Northern Province in particular. I am referring to those airports of destination from which tourists alight before they can start driving to their respective rest camps. Their points of location tend to be unhospitable, or unfriendly to the local communities. Take, for example, Hoedspruit Airport. It is located approximately 40 km away from the nearest and supposed beneficiaries, which are the Acornhoek and Greenvalley communities. I do not even have to mention Skukuza Airport and others.

As a development of this year’s theme, namely as already alluded to by the Minister, Responsible Tourism'', the relocation of these tourist airports needs to be reviewed to enable the motto,Batho Pele’’ to be operational. The airport should be located within easy reach of the beneficiaries - I am referring to the historically disadvantaged - and where feasible, within the villages. By the by, it is these rural and historically disadvantaged majority who have lived to an old age without having had the privilege of putting his or her hand on the body of an aeroplane.

The tourists’ practice of alighting far away from our traditional villages deprive tourists themselves the opportunity to visit cultural attraction centres such as the Valembe Kraal, Bakone Malapa, Modjadji Kraal, etc. Rest camps and wildlife seem to enjoy a bigger share of the tourism industry by far than the local communities. Direct interaction between the local people and tourists will pave the way for the marketing of man-made artefacts.

In our area in the Northern Province, we realise that there are people who are weaving beads, they are making clay pots, and other carved artefacts. I think if we can have these airports, one or two, somehow within the villages, they would give create interaction between the villagers who were historically disadvantaged and the tourists. Perhaps that would also create a platform where they would be able to sell their crafts and other things.

Ms G C BARRY (Eastern Cape): Madam Chairperson, I would like to extend an apology on behalf of the hon Enoch Godongwana, who is the Eastern Cape’s MEC for economic affairs, environment and tourism. He is unable to be here today due to the budget debates that are taking place in our legislature.

The Minister in his Budget speech made mention of the fact that black economic empowerment and the promotion of small, medium and micro-sized enterprises are and continue to be an integral part of Government’s strategy.

The Eastern Cape, being mainly rural with high unemployment, sees this strategy as a means to bring some form of relief to the poorest of the poor in our province. Provinces have an important role to play in creating an environment that is attractive to tourists. Provinces also have a responsibility as custodians of the environment, and this requires policy to protect the environment. It is encouraging that South Africa has now produced National Responsible Tourism Development Guidelines, and a National Ecotourism Development Strategy.

Tourism education and awareness programmes among the indigenous people of South Africa will go a long way towards preparing them for future tourism developments. A major investment outside a central city area is likely to have some impact on the nearest communities. Developers should consult with local government authorities at an early stage in the planning of a proposal, and be prepared to explain proposed projects or developments to the local community.

Investors and developers should be aware that indigenous people attach strong cultural values to land. Local communities should be consulted at an early stage if investment decisions are likely to involve land identified as being spiritually important, or land subject to legal claim. In general, once host community support is given, it will be sustained in a way that will positively enhance the development. There is growing recognition that, in addition to providing sustainable economic opportunities for indigenous people, the development of authentic tourism experiences can also encourage training, and the preservation of local skills, arts and crafts.

There is a great potential for cultural tourism but there is a need for a national cultural tourism strategy to link authentic cultural tourism experiences with the development of arts and crafts in South Africa. Until such time as there is a significant increase in the critical mass of tourists, many cultural villages and craft centres will not be viable if they only depend on tourists for custom. The education of the masses on our heritage can be achieved much more effectively if they derive an economic benefit from the development of traditional arts and crafts, sport and entertainment. There is nothing more demotivating for crafters than accumulative stock that is not selling, or for performers than not having an audience.

Export markets for arts and crafts need to be developed, especially in countries where there are bilateral agreements with South Africa. Research needs to be undertaken in these countries to investigate opportunities for export. This could determine what commodities need to be crafted and subsequently what skills need to be developed. In addition to cultural tourism, marine living resources is another area from which communities in our province can make a living. The Eastern Cape inshore coastal environment can be broadly divided into three habitats, namely estuaries, sand beaches, and rocky shores.

Within each of these regions, marine resources are exploited mainly by recreational and subsistence fishers. Inshore commercial fisheries include both legal and illegal utilisation, which has been noted to require significant attention through co-operation between Marine and Coastal Management and the department in our province.

The marine living resources’ guiding principles of equity, sustainability and stability promote a broadening in the focus of the management of marine resources. They include the promotion of socioeconomic benefits for coastal communities. Along with this goes a greater emphasis on the management of inshore and coastal resources as opposed to the traditional emphasis on the offshore industrial fisheries.

There is, however, a lack of detailed policy linked to the provinces in the management of various fisheries to achieve the sound objectives of the Act. It is important, however, that we acknowledge the positive steps taken by Marine and Coastal Management to deal with the question of black economic empowerment. However, there is still a need to engage with the coastal provinces on issues of co-ordinated institutional capacity and processes that seek to promote an integrated people-centred approach to coastal management.

As the Eastern Cape, we would like to thank the Minister and his department for their support and for the work currently under way in our province. Having said that, we request the Minister also to give consideration to the issues we are raising here today, as we believe that this will contribute greatly to realising our strategic objective of creating a better life for all.

The Eastern Cape supports the budget of the Department of Environmental Affairs and Tourism. [Applause.]

Mr V V Z WINDVOëL: Mgcinisihlalo, ngiyabonga kutfola lelitfuba lekutsi nami ngibe yincenye yalenkhulumomphikiswano. [Chairperson, I am very grateful to get this opportunity and be part of this debate.]

The Minister has spoken, the MECs have spoken and now I am speaking. [Laughter.] Let me enter this debate with appreciation of the commendable work the Department of Environmental Affairs and Tourism has done and is doing for our country and its people. Firstly, it has made great strides, in collaboration with other departments and stakeholders, in preparation for the upcoming World Summit on Sustainable Development. Of course, we may have concerns on certain matters, but we are assured that success is guaranteed.

We have in the past proved, as a country, that we are a world-class host for summits of such magnitude, and we dare not fail this time. More important than this is that the summit has sustainable poverty alleviation programmes as an outcome to the benefit of developing countries.

To say a few words on tourism, which has become one of the significantly growing industries in the country, it is not only growing because of the rand-dollar ratio. Aggressive and vigorous marketing strategies have been put in place and implemented. Hence we are reaping the fruits today. However, it needs all of us - politicians, the media and civil society - to collectively sustain this momentum. I have purposely referred to politicians, as it is really bad and irresponsible for the likes of Tony Leon to be speaking badly about our country in his fundraising spree abroad. The role certain components of the media play leaves much in question. [Interjections.] Regarding the role of the media, let us take, for example, that train accident near Durban. One could see corpses lying around, and even kids could see such things on TV, and that does not encourage tourists to come to this country. When we had the tragic incident in America on 11 September, I did not even see a single corpse. If anyone claims to have seen a corpse during that coverage, I think that person must have been dreaming.

The culture in our society of being hospitable and friendly also enhances tourism success. I would like to share with hon members an experience one person had in an altercation with a tourist.

Satsi sikulomunye umbungatfo, kucocwa ngetekuvakasha, latsi lelinye lijaha, latsi lisendleleni lashayisana kabi nalelinye likhehla. Lakhipha sandla lenta lolunye luphawu lengingeke ngilukhiphe kuleNdlu. Lelikhehla latsi; hawu, nguyona ndlela leniphatsa ngayo tivakashi kulelive? Litsi lelijaha lativa linemahloni kakhulu kabi, futsi ngeke asaphindza akwenta loko. Ngako kubalulekile kutsi sibokukhutsata kutsi kube nemasiko ekuphatsana ngebuhle, sikhone kutsi bantfu sibemukele kahle. (Translation of Siswati paragraph follows.)

[It so happened that while we were in the middle of a conversation at a certain party, one young man told us that one day he came across an old man and at that old man he shook his fist in a queer manner, something that I cannot demonstrate right now in this House. The old man said: ``Oh, is this the way in which you treat tourists in this country of yours?’’ The young man said that he felt so very embarrassed that he would never again do that. Therefore, it is very important that we encourage good reception procedures, and that we should display proper behaviour towards tourists.]

I would like to state that the tourism industry is also an important avenue for economic transformation.

Sesikhatsele kubona labamphisholo bayincenye yalemboni ngekugidza sibhaca batfole bosheleni kube kantsi bondlebe tikhany’ilanga bona batfola bompondo. [Uhleko.] Kudzala siqombola imiqansa kugqunsuke tincotfo. [Uhleko.] (Translation of Siswati paragraph follows.)

[We are sick and tired of seeing black people being assistants in that industry, only doing sibhaca dancing and having a few coins thrown to them whilst the whites get pounds. [Laughter.] It has been a long time since we have been struggling to climb steep mountains and ropes are frayed. [Laughter.]]

Now is the time to ensure that the funds allocated for economic empowerment really change the racial imbalance in this industry.

I will move over to other components of the department, unlike the member who concentrated only on fishing, as if this department was a department of fishing only. [Interjections.] Actually I must say that the select committee did acknowledge that there had been problems and weaknesses in the process of issuing quotas in the fishing industry. However, we decided to use proper and effective channels or procedures to address such matters. In particular, we would not like to see subsistence fishing compromised at the expense of commercial fishing. Of course a balance will have to be struck.

However, it is my view that such a matter cannot be amicably resolved through this parliamentary debate. In short, we should not use Harksen’s deutschmarks to rent a crowd and conduct street jive debates, thinking that we have solved the problems. Unfortunately the hon Versfeld swept out of this House in a rush after delivering her speech. I do not know, maybe she was in a rush to offer a ``dop’’ [drink] to her exploited crowd which is being recruited to top up the DP or DA membership on the eve of crossing the floor. [Laughter.] I have lately learnt that they were stealing T- shirts, which is also a criminal charge. [Interjections.] I must state categorically and clearly …

Ms C BOTHA: Chairperson, on a point of order …

An HON MEMBER: You were not asked to speak. Wait for the Chair to say that you may speak.

The CHAIRPERSON OF COMMITTEES: Yes, member, what is your point of order?

Ms C BOTHA: Chairperson, I would consider it completely unparliamentary for a member to address part of the gallery as an exploited crowd who are going to be offered a ``dop’’. I believe that he should withdraw that remark. [Interjections.]

Mr V V Z WINDVOëL: May I continue, Chairperson? [Interjections.]

Mr T B TAABE: Chairperson, may I also rise on a point of order?

The CHAIRPERSON OF COMMITTEES: What is the point of order?

Mr T B TAABE: Chairperson, I think the hon member herself is out of order and you should rule as such, so that the hon member Windvoël can continue. [Interjections.]

The CHAIRPERSON OF COMMITTEES: Very well, the hon member may continue. I am going to going to look into the matter. My Afrikaans is not good. I do not have a full grasp of the concept of a ``dop’’, but I will ask for that to be looked into so as to decide whether that sentence was out of order or not. I personally am not clear about the term. The hon member may continue.

Mr V V Z WINDVOëL: I must state categorically and clearly that I am not referring to the innocent citizens of this country who are in the gallery, but only to those who went out at the same time as the hon Versfeld.

The CHAIRPERSON OF COMMITTEES: Hon member, would you please continue with the debate? [Interjections.]

Mr V V Z WINDVOëL: I later learnt that she was crying outside. [Laughter.] I must say that politics is not for the faint-hearted. Tigers never cry. [Laughter.] [Interjections.] One cannot talk of fishing without caring about the environment.

I will now focus on some of the environmental issues which are of importance. As we are talking, half of the world’s rivers are seriously depleted and polluted. About 60% of the 227 biggest rivers are disrupted by dams and engineering works. One third of the world’s fish stocks are depleted and overexploited. If one concentrates only on fishing and does not look at the environment, one will end up fishing oneself out of the environment. [Interjections.]

Contaminated shellfish cause an estimated 2,5 million cases of infectious hepatitis annually, resulting in 25 000 deaths. Concentrations of carbon dioxide in the atmosphere could double by the year 2050. This would have a great effect on the course of climate change. The number of people affected by weather-related disasters has risen to 211 million in 10 years. Already 40% of the world is short of fresh water. In 30 years this will rise to 50%, and we should be asking ourselves what we are doing as a country, given the fact that 2003 is an international year dedicated to fresh water.

There are 4 billion cases of diarrhoea or cholera annually, resulting in 2,2 million deaths a year. At least 15% of the earth is degraded by human activities. If we continue at this rate, in 30 years 70% of the earth’s surface will be suffering severe impacts. Now is the time to take care of our environment. No one else will do for us what we can do for ourselves.

As the ANC we support this Vote. [Applause.]

The MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM: Chairperson, let me express my gratitude to all the members who participated in this debate. All but one were really constructive, I think, and we will certainly take note of all the comments that were made.

Let me assure hon members that what normally happens is that our director- general draws up a table of all the comments that have been made. This is brought to the attention of the relevant officials in the department and the institutions linked to the department, and throughout the year we track the response and the progress relating to the comments, suggestions, requests and criticisms made in Parliament. None of the contributions will go to waste, therefore.

MEC Mabena made the point about the African Peace Through Tourism Conference, and I would like to use this opportunity to commend the province of Mpumalanga for the wonderful achievement of hosting the international conference for the African continent on peace through tourism. I enjoyed the brief period that I spent there.

It is also particularly important because, during these troubled times in the world, tourism is one field through which it is possible to get nations to understand one another. We have the world being divided today along racial and religious lines, and it is by travelling to other people’s countries and learning about other people’s cultures that the concept of peace gets built at grass-roots level. So I think that was quite an important conference.

The hon Vilakazi said a number of things about her wonderful province. What I should have said here - I did not because of time constraints, but I did say it in the Minmec meeting - is that the province of KwaZulu-Natal is doing extremely well in its tourism promotion work. In fact, the branding of the province as the Kingdom of the Zulu - as in ``Visit the Kingdom of the Zulu’’ - is, I think a brand that works for the rest of the country. It is not only being marketed internationally, but also in the rest of South Africa. The point that I made at the Minmec is that it is the approach which we would like to see taken more and more at provincial level and also, as I have mentioned, at city level.

I want to thank the thank the Free State province for the manner in which they responded to the roadshow on the Johannesburg World Summit, which went quite a long way towards informing the people of the Free State about the WSSD. The hon Kent Durr is not here; he sent a note to me saying that he had to leave. Maybe he should have sent a note to you, Chairperson.

As far as the West Coast National Park is concerned, it is a very important national park for us. It has an extremely unique biodiversity and it is also in an extremely sensitive zone, both from an environmental point of view and also from a cultural point of view. Some of the very early evidence of human activity has now been found in the West Coast National Park area - in some of the coastal midlands and also, as hon members would remember, the very important globally significant find of fossilised footprints recently.

The Chief Executive Officer of the SA National Parks, Mr Mavuso Msimang, is fortunately sitting here on the officials’ benches. He has just informed me that he has taken note of the comments that have been made, and he has also informed me that he agrees fully with what Mr Durr has said about the expansion of the park and the acquisition of the Defence Force land, which is next to the park. In fact, he said I should say here that he agrees with everything that Mr Durr has said, and that he is working on it and pursuing it also. We are happy that we are getting this kind of support from the National Council of Provinces.

Mr Gelderblom mentioned the importance of the mass market and of meetings, incentives, conferences, etc, which the Western Cape is now having with the new convention centre here. We have wonderful convention facilities elsewhere and we would certainly like to give great emphasis to promoting South Africa as one of the world’s best destinations for meetings and conferences.

The World Summit on Sustainable Development will also take us a long way towards that. I take the point which Councillor Barry is making about the need to give recognition to those local governments that are doing something about Local Agenda 21. I think that this is an important point - the clean town campaign. It is a way of giving recognition to certain elements. I think that she is quite right. We will certainly look into that and see how we can take that further. Regarding the point that Mr Conroy made, I think he has been able to capture very well the many grey areas that exist in implementing environmental legislation. I would like to assure him that since we came out with the 4x4 regulations, there has been nothing but public support for them. Throughout the country there is public support. People do not want vehicles and bakkies to be driven on the beach.

The regulations allow the Minister to make exceptions under very special circumstances. We have made a number of exceptions since the regulations came into force. Many of those have been around things like recognised fishing tournaments. There I got the hon the Minister of Sport and Recreation, Minister Balfour, to give recommendations that such and such was a bona fide sporting activity. For a very limited period in a regulated way, we would then allow for some sort of driving to take place.

In the case of St Lucia, the KwaZulu-Natal provincial government and, more particularly, the greater St Lucia Park Wetland Park Authority, which is the authority for the world heritage site, have made representations to us. Through lengthy discussions, we have decided to now give a limited exemption for that area. What we have asked for is for the authority to give us a detailed proposal before we consider any permanent exemption for that area. So they are in consultation and are developing a proposal for us. KwaZulu-Natal Wildlife is also involved in that process.

I would just like to say to the hon Nyakane that the Manyeleti Game Reserve belongs to his province. It does not belong to the national Government. The hon member should perhaps raise that in the provincial legislature. Of course, I have expressed the view to the province that we should consider incorporating Manyeleti into the Kruger National Park so that we are able to deal with it in a more comprehensive, consolidated sort of way. That is a discussion which we will continue having with the Northern Province.

May I say to the hon Windvoël that we are trying to take a number of steps in order to redress the imbalance in the tourism industry. I have mentioned to him that we have now put out this booklet, which gives a comprehensive guide to the kind of assistance and support that emerging businesses in tourism can get. We have supported about 200 black-owned enterprises from all nine provinces to be at the Indaba, where they get international marketing exposure. A number of steps have been taken. This is not something that is easy, but it is something that, certainly, we have set for ourselves as a priority.

We have also taken a decision in Cabinet that all Government departments have now been given targets about their procurement in the fields of catering, hospitality, accommodation and such things - the tourism areas. A percentage of the procurement must be from black-owned enterprises. We are tracking the performance of Government departments and we will be reporting to Cabinet, because this is an instrument that can be used to generate business for emerging businesses. Although it is good enough to set up a black-owned enterprise, one needs somebody to do business with that enterprise. So we are encouraging Government departments to do that. I would certainly encourage provincial governments to do that also.

As far as all of the hot air from the hon Versfeld is concerned, I do not know how to respond to her. However, I am quite certain that you, Chairperson, and hon members would be quite surprised at the profusion of blustering that we saw there and would wonder what really is behind it. I thought that perhaps I should take my time to comment on that, because I have also seen the hon member make certain statements in the newspapers. The first point to make is that during the allocation process the hon Versfeld expressed - Rev Moatshe would know - support for the new allocation process, the way it is going to be done, etc. In fact, she came personally to congratulate me on how things are being done, etc. She went out to certain people in the area in which she does political work and promised quotas. She actually made promises. [Interjections.] She made false promises to people. What she did not tell innocent fisherpersons is that, in fact, she is not in Government, that her party is not in Government and that they do not make the allocations. She did not tell people that. [Interjections.]

If I could have the attention of the House … Many of the applications that came into the department - I have seen the applications myself, because during the appeal process I personally scrutinised the applications

• have actually been done on the letterheads of her party, the DA, or on DP letterheads. I cannot remember which ones. One will find that she actually went out to make false promises. [Interjections.]

I do not know why my own members do not want to listen to me. [Laughter.] Having made these false promises, she was then unable to explain why, after the allocations were made, some people got fishing rights and some did not. This is because not everyone who applies will get a fishing right. We have a large number of people who make applications and there is a limited amount of fish stocks. In fact, what she had done was to go to one of the senior officials in my department and plead, saying that she was now going to be in a lot of trouble with her own party. She said: ``I do not know how I will explain to Tony Leon that these people are now not going to vote for us.’’ As a result of this one will find completely irrational behaviour on her part. She has behaved since then …

Mrs A M VERSFELD: Chairperson, on a point of order. The hon Minister is deliberately misleading the House. He is not telling the truth. [Interjections.]

The CHAIRPERSON OF COMMITTEES: Order! The point is noted. It will be easy to follow this up.

The MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM: Chairperson, if I may say so, members of the public should know that the way we work with fishing allocations is that we work in an honest way, in a transparent manner and that this is driven by rules. No member of Parliament, no politician from any party, not even from the majority party, decides who gets fishing rights, because as soon as an MP decides that it is corruption. The public must know that the hon Versfeld has no influence whatsoever over fishing allocations, and she should not be making false promises and then come to Parliament and behave in a completely irrational manner. [Applause.]

Debate concluded.

    DISESTABLISHMENT OF SOUTH AFRICAN HOUSING TRUST LIMITED BILL`

            (Consideration of Bill and of Report thereon)

Dr P J C NEL: Chairperson, there is such a noise that I cannot hear. Can I go on?

The South African Housing Trust Limited was established as a company in January 1987, following discussions between the Government and the private sector during 1986. They then agreed on a joint venture to be established outside the Government in order to create the facilitation and the funding of housing directed at the lower-income segment of the South African population in a way which would maximise job security.

Two subsidiaries of the company were also established, namely Nu-Way Housing Developments (Pty) Ltd, and Khayalethu Home Loans (Pty) Ltd, which catered for the property development business and home loan business of the company respectively. Government funded the company through interest-free loans. The delay in and low profitability of stand sales together with the bond repayment boycotts by home owners severely hampered the growth of the company and the company had substantially accumulated losses for each year, from 1995 to 1998. The Government did not see its way open to subsidise a company that was losing large amounts of money, and subsequently decided to restructure the company in 1999. The first step was taken during 1999 and 2000 when the company sold the two subsidiaries - Nu-Way and Khayalethu.

After the sale the assets of the company that remained amounted to approximately R70 million, whilst the liabilities amounted to approximately R570 million. The Cabinet then also agreed that steps should be taken to disestablish the company. The Bill now seeks to disestablish the company with effect from 1 July 2002. All the rights and assets of the company will, from the said date, vest in the National Housing Development Corporation, while all the obligations and liabilities will vest in the Government as national state debt and the Government becomes bound to meet these obligations and liabilities.

Payments made and to be made in future by Government to meet the obligations and liabilities will be direct charges against the National Revenue Fund and may not be defrayed from funds appropriated under the Housing Vote in the Appropriation Act of 2001. The housing subsidy system has now taken over the function of the company and the noble ideal to promote and facilitate affordable shelter is still a reality. The new owners of the new subsidiaries absorbed all the beneficiaries of the two companies.

The Bill is actually a condonation of a decision taken by the Government to deal with the assets and liabilities of the company as far back as March 1998.

The Select Committee on Public Service has considered the Bill and requests the House to approve the Bill. [Applause.]

Debate concluded.

Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.

The CHAIRPERSON OF THE NCOP: Order! Before I conclude, noting the hon Versfeld’s statement, I find it difficult to respond because she has not said exactly on what point the Minister was misleading the House and even then, deliberately misleading the House.

The Council adjourned at 16:50. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

1. The Minister of Environmental Affairs and Tourism:

 (a)    Agreement on the Conservation of Albatrosses and Petrels, tabled
     in terms of section 231(2) of the Constitution, 1996.


 (b)    Explanatory Memorandum to the Agreement.

COMMITTEE REPORTS:

National Assembly and National Council of Provinces:

1. The following Report on Violence against Women was adopted by the Joint Monitoring Committee on Improvement of Quality of Life and Status of Women on 29 May 2002:

Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women

Parliament of the Republic of South Africa

Report on Violence against Women

May 2002

INDEX

1. Overview of the work the Committee has done to.1 Date with regard to Violence Against Women (May 2002)

2. Appendix 1: Violence Against Women in South7 Africa based on the public hearings held in November 1999 (February 2000)

3. Appendix 2: Additions to the Report on the Violence Against Women Hearings - February 200195

4. Appendix 3: Summary Report on Violence Against Women98 Women (July 2001)97

5. Appendix 4: Summary Report on Violence Against Women (October 2001)127

The Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women’s: Overview of the work the Committee has done to date with regard to Violence Against Women

May 2002

Introduction

This Parliamentary Committee (hereinafter called the Committee) was established as an Ad Hoc Committee in 1996 and at the end of 1998 became a Standing Committee. The specific role of this committee is to monitor and oversee Government’s implementation of the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and the Beijing Platform for Action. One of the priorities set by the committee was to address itself to their oversight function regarding the monitoring of violence against women. In this regard, the Committee has undertaken several activities, which are discussed below.

Activities of the Committee

1. Violence Against Women Hearings during 1997 and 1999

The Portfolio Committee on Justice and the Ad Hoc Committee held hearings during 1997 and 1998 on Violence Against Women. A report1 was tabled in this regard. Part of the 1998 hearings also focused on other aspects relating to gender and justice. These include Domestic Violence, the legal system, spousal killings, sexual offences and sexual offence pilot courts.

At the time of these hearings, the Committee made a call that the Justice Ministry and other role-players accelerate the introduction of the proposed legislation on Domestic Violence and comprehensive legislation on sexual offences against women. To date, the Domestic Violence Act (Act 116 of 1998) has been enacted but the Sexual Offences legislation has still not come before Parliament.

1. Violence Against Women Hearings - November 1999

The Committee held hearings from the 8th to the 17th of November 1999. Written and oral submissions were made. The objective of the hearings were to:

• Identify what and where the blockages are which impede women who have been victims of all forms of violence, from having access to justice.
• Determine the varied ways in which such obstacles to justice can be addressed and eliminated.

The report emanating from the hearings thematically categorises the information under the following headings:

• Criminal Justice.
• Law enforcement.
• Welfare services and shelter.
• Health care.
• Incarceration of offenders.
• Recent research on violence against women.
• Public awareness and education.
• Allocation of financial resources and the Budget.
• Inter-ministerial co-operation and co-operative governance.
• Co-operation between Government and civil society.
• The need for statistical databases.

Although the hearings were held before the Domestic Violence Act 116 of 1998 came into operation, it highlighted difficulties anticipated with the implementation of the legislation. Many of these difficulties also emerged later in a workshop held by the Committee after the implementation of the Act. The Committee furthermore makes very specific recommendations with regards to the different thematic areas.

In addition to the detailed report on the hearings, a summary report (July 2001) is also available.

1. Provincial visits

Delegations from the Committee visited Nelspruit, Mpumalanga, Port -Elizabeth and Pietersburg from April to June 2000. They visited Magistrates, the South African Police Service (SAPS) Commissioners and Prosecutors. These meetings formed part of the Committee’s investigation into the difficulties experienced by these officials in the implementation on the Domestic Violence Act and Maintenance Act 99 of 1998.

1. A Joint 2-day workshop between the Committee and the Public Participation Unit (PPU) of Parliament, 25 - 26 July 2001.

The Parliamentary Public Participation Unit PPU) and the Committee convened a National Conference on enhancing the participation of women in the law making process. The objectives of the conference were to:

• Audit the experiences of civil society with respect to how women have experienced participation in the legislative processes.
• Audit the obstacles which impede the participation of women.

• Elicit information on how the participation of women can be improved.

• Gather and collate information on problems experienced with respect to the implementation of the Domestic Violence Act.
• Gather and collate information on problems experienced with respect to the implementation of the Maintenance Act.
• Reflect on methodologies for making gendered impact on how budgets are drawn up and how public sector resources are allocated (at national, provincial and local levels).
• Gather and collate information on women’s legislative needs with respect to issues of inheritance and succession.

Some of the specific problems that emerged from the presentations on the implementation of the Domestic Violence Act included:

• Inadequate resources being allocated to the implementation of the Act.
• Sexual abuse often not seen as abuse.
• When SAPS are called, the onus is often placed on women to say what they want SAPS to do with the perpetrator.
• The forms are difficult to complete.

A detailed report entitled “Strengthening Women’s Voices though Participation: Consultative Conference on engaging Women in Parliament” is available.

1. Rural workshops

The PPU and the Committee hosted capacity building workshops for rural women in four provinces during 2001. The provinces were Mpumalanga, North- West, Limpopo and Kwa-Zulu Natal. These workshops constituted the pilot Rural Women’s Project.

The objectives of the workshops were to:

• Create an understanding amongst rural women about Parliament and the law making process.
• Create an understanding of how to participate in the legislative process.
• Obtain submissions on the implementation of the Domestic Violence Act and the proposals for the proposed Inheritance and Succession legislation.

It was evident from the workshops that there is a need for public education around the Domestic Violence Act. Many of the women who attended the workshops thought that only physical violence constituted domestic violence. It was only after the Act was explained to them that they understood that there were different types of domestic violence.

Whilst the workshops were a success, there were incidents which nearly disrupted this process. The incidents were discussed in the National Assembly to make sure that this type of incident does not occur again, because it may hinder the performance of the public representatives to cascade the important message to rural women in South Africa.

1. Committee report commissioned from the Center for the Study of Violence and Reconciliation (CSVR) on Budgets and Violence Against Women.

The Committee commissioned the Centre for the Study of Violence and Reconciliation to investigate the extent of government financial aid to non- profit organisations (NPOs) providing support services to women experiencing violence.

The aims of the study were to:

• Quantify government departments’ financial aid and support to organisations providing some kind of support to girls and women aged fifteen years and older who have experienced gender-based violence.

• Identify factors enhancing and/or constraining organisations’ ability to access government funds for this work.

• Describe the type of activities for which organisations receive government support.

The research findings will be used to assist members of the Parliamentary Committee to undertake a range of activities aimed at ensuring that future budgets allocate sufficient funds to address the needs of women who are experiencing gender violence.

Recommendations

The Committee, in fulfilment of its oversight role, has undertaken several informative initiatives in respect to violence against women. The reports resulting from the various initiatives are rich with information and recommendations to various Government Departments. It is thus recommended that:

• Questions emanating from the various forums be posed to the different departments with regard to the implementation of the Act, resources available and budgetary requirements.
• The various reports should be disseminated to the various departments and they should be asked to formally respond to it.
• A huge public education initiative be undertaken by GCIS to ensure that the Domestic Violence Act becomes more accessible to women, especially rural women.
• We ensure that the criminal justice system is more gender sensitive, especially in terms of sentencing, sensitivity of court officials, and women’s access to justice.
• More shelters be provided for women who experience domestic violence, because women often have to return home to perpetrators of violence, because there is not an adequate number of shelters.
• Customary law be revised, because rural women still suffer the effects of customary law.
• The rural workshops be continued in the provinces not covered in 2001 rural workshops and the 2000 provincial visits.
• A debate on Domestic Violence be held in the National Assembly and the National Council of Provinces.

Attached to this report are the following appendixes:

1. Report on Violence Against Women in South Africa based on the public hearings held in November 1999. Compiled in February 2001.
2. Addendum to the Violence Against Women report of February 2001.
3. Summary report on Violence Against Women. July 2001.
4. Summary report on Violence Against Women. October 2001. Acknowledgements

The Committee wishes to thank the following people who helped to compile this report:

1. Melissa Fourie, who as a volunteer undertook the mammoth task of collating and compiling the report on the hearings on Violence Against Women that took place in November 1999.
2. Shereen Dawood, researcher for the ANC Study Group of the Committee, who assisted in compiling the July and October summary reports of the hearings.
3. Carmine Rustin, of the Parliamentary Research Unit, who assisted in compiling the final report on the work undertaken by the Committee on Violence against Women.

…………………… Ms. P. Govender Chairperson of the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women. The Joint Committee on the Improvement of the Quality of Life and Status of Women

Report on Violence Against Women in South Africa based on the public hearings held in November 1999

February 2000

Table of Contents

Page No.

1. Introduction9
2. Criminal Justice11
3. Law Enforcement35
4. Welfare Services and Shelters41
5. Health Care 45
6. Incarceration of Offenders51
7. Recent Research on Violence Against Women53
8. Public Awareness64
9. The Budget and Allocation of Resources76
10. Inter-Ministerial Co-operation and Co-operative Governance80
11. Co-operation between Government and Civil Society82
12. The Need for a Statistical Database82
13. Recommendation and Queries to Government Departments83
14. List of Written Submissions91
15. Oral Submissions93
16. Other Documents94

 We cannot say we are moving faster towards the attainment  of  complete
 liberation from the legacy of the past unless the women of our  country
 live without fear in their houses and walk freely through  the  streets
 and villages of our land." - President Thabo Mbeki

1. INTRODUCTION

(a) The Joint Committee on the Improvement of the Quality of Life and Status of Women (hereinafter referred to as the Committee) was permanently established in June 1998 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 made at the United National Fourth World Conference on Women in Beijing in 1995, and the provisions of the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW).

(b) The South African government’s signature and ratification of CEDAW created an obligation to introduce measures to protect the basic rights of women and to improve the status of women by eliminating gender-based discrimination. CEDAW requires countries to report to the UN every four years, and South Africa’s first progress report was submitted to the UN CEDAW Committee in 1997.

(c) CEDAW defines violence against women as “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.”3 It encompasses “physical, sexual and psychological violence -

   *    occurring in the family, including battering,  sexual  abuse  of
     female children in the household, dowry-related  violence,  marital
     rape, female genital mutilation  and  other  traditional  practices
     harmful to women, non-spousal  violence  and  violence  related  to
     exploitation;


   *    occurring within the general community, including  rape,  sexual
     abuse, sexual harassment and intimidation at work,  in  educational
     institutions  and  elsewhere,  trafficking  in  women  and   forced
     prostitution;


   *    perpetrated or condoned by the state, wherever it occurs."4

(d) The Beijing Platform for Action (BPFA) is a comprehensive plan of action to enhance the social, economic and political empowerment of women, and is premised on the need for the sharing of power and responsibility in the home, workplace and in wider society. South African government departments tabled their commitments to the BPFA in February 1996.

(e) In his opening address to Parliament on 25 June 1999, President Thabo Mbeki’s spoke of the “twilight world of … continuous sexual and physical abuse of women and children”. More light has been shed on this twilight world during the past year than ever before, mainly due to the increased vigilance of the public with the assistance of the media.

(f) Interpol: SA has highest reported rape ratio in the world Insurance Policy.

(g) The objectives of the November 1999 hearings on violence against women were the following:- * to identify what and where the blockages are which impede women who have been victims of all forms of violence, from having access to justice; and

   *    to determine the varied ways in which such obstacles to  justice
     can be addressed and eliminated.

(h) The hearings were held from 8 to 17 November 1999. A full list of submissions (both written and oral) appears at the end of the report. Copies of all written submissions are available from the Committee clerk. Other documents referred to in this report are also listed at the end hereof.

(i) This report will deal with the following aspects of violence against women, with special reference to the submissions made at the hearings:

   *    criminal justice;


   *    law enforcement;


   *    welfare services and shelters;


   *    health care;


   *    incarceration of offenders;


   *    recent research on violence against women;


   *    public awareness and education;


   *    allocation of financial resources and the Budget;


   *    inter-ministerial co-operation and co-operative governance;


   *    co-operation between government and civil society;


   *    the need for a statistical database;


   *    recommendations and queries to government departments.

1. CRIMINAL JUSTICE

New and proposed legislation and its implementation

(a) CEDAW stipulates that government should “develop penal, civil, labour and administrative sanctions in domestic legislation to punish and redress the wrongs caused to women who are subjected to violence; women who are subjected to violence should be provided with access to the mechanisms of justice and, as provided for by national legislation, to just and effective remedies for the harm that they have suffered; States should also inform women of their rights in seeking redress through such mechanisms.”5

(b) Significant progress has been made in the amendment of existing legislation and the promulgation of new legislation relating to violence against women and children. The most important of these are:

   *    the Domestic Violence Act (DVA)6, which comes into operation  on
     15 December 1999 and replaces the  Prevention  of  Family  Violence
     Act7. Difficulties anticipated with the implementation of  the  DVA
     are described elsewhere;


   *    limiting the granting of bail  for  persons  accused  of  having
     committed specified serious offences, which include rape; 8


   *    providing  for  minimum  sentences  for  murder  and  rape  with
     aggravating circumstances.9 Certain difficulties  in  the  judicial
     interpretation of especially the minimum  sentence  amendment  have
     come to light, and will be detailed below.


   *    The South African Law Commission  (SALC)  has  also  produced  a
     Sexual Offences Discussion Paper incorporating  a  proposed  Sexual
     Offences Bill. The most important features of the  proposed  Sexual
     Offences Bill are the following:-


     *  The common law definition of  rape  (a  man  having  intentional
       unlawful sexual intercourse with a woman, without  her  consent)
       restricts the sexual  intercourse  to  the  penetration  of  the
       vagina by the penis, and non-consensual anal or oral penetration
       does not constitute rape or indecent assault in common  law.  In
       proposing the repeal of the common  law  offence  of  rape,  the
       Commission  has  put  forward  a  new  gender-neutral  statutory
       offence,  centring  on  'unlawful  sexual   penetration'   under
       coercive circumstances.


          This definition means that the State will not be  required  to
          prove absence of consent  on  the  part  of  the  victim.  The
          accused can still  raise  consent  to  sexual  intercourse  as
          justification for the unlawful conduct,  but  will  in  future
          have to carry the burden of proof in this regard. Furthermore,
          penetration would include  penetration  to  any  extent  by  a
          penis, object/part of the body of  a  person/animal  into  the
          anus, ear, mouth, nose, vagina/body orifice of an  animal;  or
          body orifice  of  a  person  in  a  manner  simulating  sexual
          intercourse. This means, inter alia, that both men  and  women
          can be rape victims and perpetrators.


          "Under coercive circumstances" include force, threat, abuse of
          authority,  impaired  mental  capacity,  unlawful   detention,
          mistaken identity, mistaken act or if the complainant is under
          12 years of age.


          The proposed legislation also provides that marriage or  other
          relationships does not constitute a defence  to  rape,  and  a
          husband can therefore be convicted of  raping  his  wife.   It
          also provides for retrospective application. Furthermore, rape
          in other laws will be replaced by the new definition.


     *   Similarly,  the  current  position  defines  incest  as  sexual
       intercourse  between  persons  within  prohibited   degrees   of
       relationships.  The   proposed   definition   is   that   sexual
       penetration replaces the term sexual intercourse.


     *  In the proposed legislation, sexual  molestation  constitutes  a
       sexual act with a child of two years and  younger.  It  includes
       committing   a   sexual    act    with    the    intention    of
       inviting/persuading/allowing a child of two years and younger to
       engage in a sexual act. The child's consent does not  constitute
       a defence. A child is defined as someone under  the  age  of  16
       years.


     *  Persistent sexual abuse of a child (two or more occasions  of  a
       sexual/act/penetration with a child within a period of one year)
       will constitute an offence in the proposed legislation.


     *  In the proposed legislation  child  prostitution  constitutes  a
       sexual act with a child (someone under the age of 18 years)  for
       reward, favour and compensation to a child or any other  person.
       It includes inviting, persuading/inducing a child  to  commit  a
       sexual act for reward, favour/compensation.


     *  Keeping a brothel for  child  prostitution:  Keeping  a  brothel
       constitutes   an   offence.   A   brothel    is    defined    as
       movable/immovable property where commercial  exploitation  of  a
       child  occurs.  Keeping  includes:  owning,  leasing,   renting,
       managing, occupying or otherwise having control of a brothel.
     *  Facilitating or allowing commercial  sexual  exploitation:  This
       covers   any   person   who   facilitates   commercial    sexual
       exploitation, including a  parent,  guardian  or  caregiver  who
       allows commercial sexual exploitation.


   *    Provisions not included in the Proposed  Bill  include  cultural
     and religious practices considered harmful  to  children10,  sexual
     harassment11, the criminalisation of harmful  behaviour  of  people
     with HIV and the HIV testing of sexual offenders.


   *    The proposed legislation, and in particular the move  away  from
     without consent to include coercive circumstances is considered  by
     many organisations as very progressive. Women's  organisations,  in
     particular  Rape  Crisis,  have  expressed  support  for  the   new
     definition of rape.   (c) The SALC is also in the process of producing a  discussion  paper  on
   the procedural aspects of the prosecution of sexual  offences,  which
   will also deal with the evidentiary rules, which operate against  the
   complainant in rape cases. Such evidentiary rules, which are arguably
   based on common assumptions that  women's  evidence  in  rape  trials
   should be treated with caution since women  are  thought  to  lie  in
   sexual offence cases out of jealousy, spite and revenge, include:-


   *    the  cautionary  rule,  in  terms  of  which  certain  types  of
     evidences are treated with caution in a  criminal  trial,  such  as
     where the complainant is the only witness;


   *    evidence of the previous  sexual  history  of  the  complainant,
     which can only be  admitted  with  the  consent  of  the  presiding
     officer on the basis of its relevance.  This  rule  appears  to  be
     based thereon that, if a woman has had sexual intercourse  (whether
     or not such intercourse was with the accused), she is  more  likely
     to have consented to sexual intercourse;


   *    the rule of first report in rape or  sexual  offence  cases,  an
     exception to the general rule that previous  consistent  statements
     are inadmissible, in terms  of  which  the  complainant's  evidence
     that she reported  the  rape  to  another  person  soon  after  the
     alleged offence is admissible. The application of this  rule  often
     leads to the drawing of a negative credibility  conclusion  if  the
     complainant did not report the alleged offence to another person.

(d) In its June 1998 report on the Violence Against Women Hearings, the Committee described a submission from the Centre for Violence and Reconciliation detailing the phenomenon of “intimate femicide” - the killing of women by intimate male partners. The submission compared sentences handed out to men and women who killed their spouses and found startling disparities in what appeared to be inappropriately light sentences for men who murdered their partners and inappropriately heavy sentences for women who did the same in the context of continuous domestic violence. Recommendations by the Centre included:-

   *    establishing a task team to consider the question of gender bias
     in sentencing;


   *    introducing legislation permitting the introduction  of  similar
     fact evidence or evidence of a history of domestic violence;


   *    abandoning the complete  defence  of  non-pathological  criminal
     incapacity;


   *    early release for women  serving  sentences  for  killing  their
     abusers; and


   *    training of members of the judiciary.

(e) Specific impediments to the implementation of the DVA was raised in a written submission to the Committee by the Gender Advocacy Programme (GAP)13: * Women lack knowledge on their rights to freedom from domestic violence, and their specific remedies in terms of the DVA.

   *    The DVA gives magistrates discretion to  determine  whether  the
     respondent is committing  or  has  committed  an  act  of  domestic
     violence, and whether the complainant may suffer undue hardship  as
     a result  of  the  domestic  violence.  This  opens  this  way  for
     prejudices of magistrates to affect the protection  of  women,  and
     to lead to great inconsistency in the application of the DVA.


   *    Allowing legal representation in court will  disadvantage  women
     who do not have the financial means to  solicit  legal  assistance.
     This may also discourage  women  from  applying  for  a  protection
     order, and make the process a lengthy and costly affair.


   *    Clerks of the Court are not trained to fulfil the  role  of  the
     point of entry to the justice system for complainants  of  domestic
     violence.


   *    The DVA places the  burden  of  the  costs  of  service  on  the
     complainant; if she cannot pay, she has to  furnish  the  Clerk  of
     the Court with proof that she is not able to pay.  The  complainant
     will usually also lose time at  work  to  apply  for  a  protection
     order, resulting in a loss of income.


   *    The majority of South African women reside many miles  from  the
     nearest  police  station  or  magistrate's  court,  limiting  their
     access to the remedies provided by the DVA.


   *    Support services such  as  shelters,  financial  support,  legal
     assistance,  police  protection,  access  to  housing,   education,
     training, employment opportunities, psychological services are  all
     required to assist women to transcend the cycle of abuse.


   *    The DVA provides the SAPS with clear roles and  responsibilities
     in   assisting   victims   of   domestic   violence.   Women    are
     understandably critical of  the  services  provided  by  the  SAPS,
     especially in view of past attitudes  to  domestic  violence  as  a
     "family matter" and not a serious offence.


   *    The DVA makes provision for the complainant to receive a  notice
     of her rights in her official language and  to  have  the  contents
     thereof explained to her. Most  police  stations  are  understaffed
     and no more than three official languages are  spoken.  As  far  as
     GAP was aware,  no  additional  personnel  had  been  allocated  to
     stations for the implementation of the DVA, nor had  strategies  to
     address this issue been developed.

(f) The head of the Family Court also raised the following concerns about the implementation of the DVA:

   *    The DVA provided for 13 new forms, for which the printing by the
     Government Printer had  not  yet  commenced  at  the  time  of  the
     hearings.


   *    The DVA provided that an  application  for  a  protection  order
     would be heard after hours only if  the  complainant  would  suffer
     "undue hardship" if the matter was not heard.  Concern  was  raised
     about how this hardship would be determined if the complainant  was
     not given an after hours hearing.

(g) The Department of Justice made certain general comments14 regarding difficulties with implementation of new legislation:

   *    The consultation process with all roleplayers (some independent)
     is time-consuming.
   *    The delay in implementing new legislation is caused by a lack of
     policy statement and implementation strategy for such  legislation:
     an  implementation  strategy  and  the  funding  thereof  must   be
     discussed from the outset of development of policy and drafting  of
     new legislation.


   *    New policies, legislation and the expectations  created  thereby
     increase the existing case load and need for funding, which  causes
     bad service delivery, which means that, as before, victims  do  not
     approach courts with gender and gender violence disputes.

1. Functioning of existing courts and establishment of special courts

(a) Women reported negative experiences of courts in general, and the rate of conviction of crimes of violence against women remains unacceptably low. Submissions complained about inexperienced, unprofessional and ill-prepared prosecutors, insensitive treatment of traumatised witnesses, lack of facilities at courts and lack of transport to courts, magistrates’ lack of understanding of issues of gender violence, clogged-up court rolls 15 and unnecessary postponements of matters 16, a shortage of regional magistrates and more qualified prosecutors, intermediaries and interpreters.17

(b) The Masimanyane Women’s Support Centre reported to the Committee on a study on domestic violence and rape using police dockets18 and court files.

Mdantsane Court: 1997 to April 1999

Total number of rape cases in 1997 624 Postponements 368 Struck off the roll (the files did not provide a reason, though probably due to insufficient evidence) 100 Warrants for arrest issued 30 Cases withdrawn (not specified whether by state or complainant) 60 Trials 40 Entered in error 20 Finalised 6 Unconditional imprisonment 3 Guilty with sentences between 2 to 9 years3

East London Court: 1997 to April 1999 Total number of rape cases in 1997 793 Postponements 647 Acquittals 40 Moved to another court 25 Sentenced 20 Suspended sentences of four years or more 9 Fines of R2003

(c) Masimanyane reported that the police expected the social workers to inform women of their rights, while social workers expected the police to do it. One woman who went to the district surgeon was sent back to the police (for which she had to find her own transport) because they said no medical examination could take place until she had made a statement (though they could have called the police to come to the hospital).

(d) Overall, Masimanyane described a lack of communication, lack of training and a lack of transport to hospitals and police stations. They also reported a reluctance on the part of medical examiners to appear in court for fear of witnesses being treated with disrespect. Victims often back out of prosecution due to lack of support. There are reports of women waiting for their court appearance in the same hallway as her assailants. The victims do not know what is going on and they are not given any information at all. Examples were cited of dockets being lost and of victims not being notified of their assailant’s bail hearing nor of his release on bail. (e) UCT’s Institute of Criminology’s Gender, Law and Development Project reported that, based on research undertaken in rural areas in the Southern Cape, women had to wait in the same area as the accused, did not have proper consultation with the prosecutor before trial, failure to explain the decision whether to prosecute or not, and inadequate preparation for the trial.

(f) The Commission on Gender Equality reported the failure of Sheriffs to serve interdicts in informal settlements, demanding service fees to be paid prior to service, requiring applicants to deliver interdicts themselves, and even the complete absence of sheriff services in rural areas. The Commission also complained of a lack of follow-up in domestic violence cases, especially breaches of existing orders, decision by particular court to issue peace orders instead of interdicts to lack of sheriff services in rural areas, handing interdicts to applicants for service when applicants do not have enough money to pay sheriff’s fees.

(g) The Department of Justice told the Committee that they were finalising a Customer Service Charter for Court Users, a Service Delivery Improvement Plan and Victims Rights Charter, and were engaged in various information campaigns for court users, including the Sixteen Days of Activism against Violence Against Women.

(h) In the Department of Justice’s 1997 report, it described the development of a monitoring system for the Guidelines on Sexual Offences developed by a national task team. This issue was again mentioned in the Department’s 1998 report. The Committee still needs to know from the Department whether a method of enforcing the Guidelines have been further investigated and implemented.19

(i) In the Department’s 1998 report, it reported back on a Canadian study tour dealing with violence against women. Lessons from the tour included an inter-sectoral approach, the economic empowerment of women, survivor counselling and offender rehabilitation, and the establishment of shelters and safe houses for victims. The Department further stated that the Department would present a report on the study tour to the NCPS inter-ministerial meeting and that the Department envisaged the appointment of an inter-sectoral task team to facilitate the implementation of the recommendations.20 The Committee requests the Department of Justice to furnish it with a progress report in this regard.

(j) The Committee also intends establishing from the Department of Justice whether the necessary forms prescribed by the DVA have been printed and distributed to magistrate’s courts across the country.

(k) The Department of Justice reported to the Committee21 on two programmes for implementation of specialised courts. * Specialised family courts, already operating as pilot courts in CT, PE, Durban, JHB and LebowaKgomo, handled inter alia domestic violence matters, with the Family Advocate, Department of Welfare and various NGO’s working at these centres to provide counselling, mediation and investigation. The Department of Justice indicated that it was intended that new Family Courts would be established in Mafikeng, Nelspruit, Umtata, George, Bloemfontein and Kimberley, with satellite centres at Magistrate’s Courts around the main centres.

   *    However, the head of Family Courts reported 22 to the  Committee
     that  there  was  little  infrastructure   and   support   services
     available for the Family Courts,  even  though  they  had  been  in
     existence for six years. The courts  were  badly  underfunded  (for
     example, stationery and photocopiers  were  not  available),  which
     causes  unnecessary  delays,  for  example  in  the   granting   of
     interdicts. There were also no waiting rooms for women.


   *    A serious security problem was also experienced  at  the  Family
     Courts and there were instances of assault on the  premises.  Often
     women were too scared to leave the offices  since  they  knew  that
     the alleged perpetrator would be waiting outside.


   *    There are presently  four  sexual  offences  courts,  which  are
     better placed to deliver higher quality service to the  victims  of
     violence against women and  children.  The  Department  of  Justice
     told the Committee that it  planned  to  roll  out  20  new  Sexual
     Offences Courts in the next two years.


   *    The four existing Sexual Offences Courts  are  all  situated  in
     urban areas, which means that complainants from  rural  areas  have
     to travel long distances to  attend  the  trial.  Due  to  lack  of
     transport, such a complainant may even find  herself  in  the  same
     vehicle as the accused.23 The Department of Justice  reported  that
     20 new Sexual Offences Courts would be established within the  next
     two years. The pilot  project  for  Family  Courts  would  also  be
     expanded to other centres.


   *    The Regional Magistrate's Commission24 presented  the  Committee
     with statistics for the Sexual Offences Court in Wynberg:

Cases finalised Guilty Not guilty April 1999 15 8 7

May 1999 22 15 7

June 1999 21 12 9

(l) Two of the permanent magistrates in the Sexual Offences Court in Wynberg raised the following concerns25 with the Committee:

   *    There is a need to reconsider the adversarial system  in  sexual
     offence cases. Such a system assumes that both parties were  equal,
     while such equality had to be questioned where the one party  is  a
     little girl, and the other an elderly man with a  senior  advocate.
     Much of the outcome  of  a  case  depended  on  the  ability,  wit,
     energy, ruthlessness and even permissible rudeness, which a  cross-
     examiner might display. The selfish and partial manner  with  which
     parties  are  allowed  to  present  evidence   results   often   in
     procedural and formal  truth  being  promoted  at  the  expense  of
     material truth.


   *    There was also a need to re-examine the strict rules of evidence
     applicable  in  sexual  offence  cases,  and  in   particular   the
     cautionary rules of evidence.


   *    There should be a general  rule  that  children  should  testify
     through an intermediary,  and  only  in  exceptional  circumstances
     should there be deviated from this rule.  Consideration  should  be
     given to an amendment to Section 170A  of  the  Criminal  Procedure
     Act to include mentally impaired persons with a mental age of  less
     than eighteen. It was also difficult for magistrates  to  determine
     when a witness would suffer "undue mental stress"  as  is  required
     by Section 170A.


   *    Difficulties have arisen in the interpretation of Section  51(3)
     of  the  Criminal  Procedure  Amendment  Act26  regarding  imposing
     minimum sentences, as well as  the  restrictive  interpretation  of
     Section 158 of the CPA,  which  deals  with  the  circumstances  in
     which a court may depart from the general principle that a  witness
     should give his or evidence in the presence of the accused.

(m) The Director of Public Prosecutions reported that, from 1 December 1999, a special High Court would be convened in Mndantsane in the Eastern Cape to hear only rape cases, which had built up during the last three years.

1. Court clerks, interpreters and prosecutors

(a) Two important functions of clerks of the court were emphasised during the hearings: their role as organisers and facilitators of case rolls at courts, and their role as primary assistants to applicants for protection orders in terms of the DVA.

   *    The President of the Regional Court for the Western Cape27  told
     the Committee that the organisation of court rolls was one  of  the
     major difficulties faced by Magistrates. A system of  "court  nags"
     has recently been introduced, with the court nag's task  to  ensure
     that cases  set  to  run  will  in  fact  run,  mainly  by  phoning
     witnesses and other role players two weeks prior to the trial  date
     to ensure that all will be available on that day.


   *    The Tswaranang Legal Advocacy Centre  to  End  Violence  Against
     Women28 told the Committee that, since clerks were the first  entry
     point for a woman at court, they  need  to  give  better  technical
     assistance and support. GAP29 also emphasised the need  for  proper
     training of clerks of the court, since the treatment women  receive
     from clerks often result in women not  returning  with  application
     forms for interdicts.

(b) The lack of experienced prosecutors trained in dealing with crimes of violence against women emerged as a major impediment to criminal justice. Often prosecutors are the survivor’s only ally in the criminal justice system, and these prosecutors are not equipped to deal sensitively30 with the traumatised complainant or to provide an equal opponent to experienced defence attorneys.

   *    The Tswaranang Legal Advocacy Centre  to  End  Violence  Against
     Women described prosecutors as insensitive to gender violence,  and
     complained of a lack of consultation with the complainant.31
   *    The Masimanyane Women's Support Centre reported on  difficulties
     caused by the high turnover in prosecutors, with prosecutors  going
     on leave, study leave, or transfer to other courts.32


   *    In its submission to the  Committee,  the  UWC's  Community  Law
     Centre reported that prosecutors are ill-prepared because of  large
     workloads and blamed a lack of resources.


   *    The Director of Public Prosecutions reported  to  the  Committee
     that public prosecutors have been told that violence against  women
     is a priority area: the number of  convictions  needs  to  increase
     and instructions have been given to ensure that investigations  are
     completed quickly to  so  that  victims  do  not  forget  parts  of
     evidence and defendants are advantaged  by  the  lapsed  period  of
     time. In addition,  prosecutions  may  only  be  withdrawn  on  the
     authority of the Provincial Director of Public Prosecutions.


   *    The Head of the Sexual Offences Unit and  Community  Affairs  in
     the  Office  of  the  Director  of  Public  Prosecutions  told  the
     Committee that, since the bulk of sexual  offenders  appear  before
     Regional Courts, the  regional  court  prosecutors  require  urgent
     training in the presentation of evidence, in particular  scientific
     evidence,  in  sexual  offence  cases.  Two  training  courses  had
     already been held involving 60  prosecutors,  which  courses  dealt
     with the collection of  evidence,  presentation  of  DNA  evidence,
     cross-examination skills and sensitivity in dealing with  witnesses
     (including the framing of age-appropriate questions).


   *    In this regard, the Sexual  Offences  Unit  had  met  the  Child
     Protection Units in all provinces to get them  to  co-operate  with
     prosecutors, and also found that the training  of  prosecutors  and
     investigators together was very beneficial. It  was  also  proposed
     that a coalition should be formed between NGO's and the police  and
     prosecutors  to  provide   counsellors   and   intermediaries   for
     traumatised witnesses.


   *    The Department of Justice reported to the  Committee  that  they
     were in the process of establishing  pre-trial  services  to  alert
     prosecutors and magistrates to previous convictions and arrests  of
     offenders.

(c) The President of the Regional Court in the Western Cape also reported a real need for more qualified prosecutors, intermediaries and interpreters.

1. Magistrates

(a) During the course of the hearings it became apparent that the Regional Courts, which heard 95% of all rape cases as the court of first instance, should be the focus of emergency reform.

(b) The President of the Regional Court in the Western Cape reported the following difficulties in her submission to the Committee:

   *    There was currently a backlog of 7 000  cases  in  the  regional
     courts in the Western Cape. The  present  delay  between  complaint
     and trial was approximately 9 months.


   *    There were only ten permanent seats of the regional court in the
     Western Cape, with satellite courts in  the  rural  areas  such  as
     Malmesbury, Springbok, Calvinia, Vredenburg, Vredendal.


   *    The four sexual offences  courts  were  all  situated  in  urban
     areas, which often means  that  very  young  complainants  have  to
     travel long distances to give evidence. Due to lack  of  transport,
     such a complainant may even find herself in  the  same  vehicle  as
     the accused.


   *    There is severe shortage of regional  magistrates,  and  it  was
     recommended that provision should be made  for  acting  magistrates
     to be employed. It  was  also  mentioned  that  it  was  a  serious
     psychological health hazard  for  prosecutors  and  magistrates  to
     adjudicate in sexual offences  courts  for  lengthy,  uninterrupted
     periods of time.

(c) The National Network on Violence Against Women complained that many judicial officials have little or no understanding of gender violence, the rape trauma syndrome or the battered wife syndrome, which is evidenced by their negative attitudes directed at survivors of these crimes. Various submissions, including that of the Tswaranang Legal Advocacy Centre to end Violence Against Women and Ilitha Labantu argued that both magistrates and judges require training on the non-legal aspects of rape.

(d) The Chief Director of Justice College reported to the Committee on the training of regional and district court magistrates, as well as prosecutors on sexual offences, child law, domestic violence, violence against women (a pilot training project), basic human rights and social context training. The Justice College receives a significant amount in donor funding in addition to its own budget.

1. The judiciary

(a) The Committee has on various occasions expressed concern about inappropriate statements made by High Court judges and what appears to be inappropriately light sentences handed down in judgements in cases of rape and other violence against women 33. To date, the Committee’s efforts to engage in discussion with the judiciary on issues of violence against women has been hampered by incorrect and sensationalist media reporting. However, the Committee remains of the view that such discussion could be beneficial to both the Committee and the judiciary.

(b) Many of the submissions expressed concern about statements made in recent judgements of High Court judges in cases of rape, especially in the context of the minimum sentence amendment to the Criminal Procedure Act34. Numerous calls were made for the education of judges on issues relating to discrimination and violence against women. For example, concern was expressed about views on women taken by the judiciary which reveal a reliance on stereotypes and which suggest that women collaborate in crimes against them.35

(c) This issue came to the fore in the interpretation of the recent amendment to the Criminal Procedure Act dealing with the imposition of a minimum sentence of life imprisonment where the victim is under the age of 16, is raped more than once, is raped by more than one person where such person is acting with a common purpose, or where the rape involves the infliction of grievous bodily harm, save where the court is satisfied that “substantial and compelling circumstances” exist which would justify a less severe sentence. It is the judicial interpretation of this exception, which has come under scrutiny by women’s organisations and the media.

(d) The Committee was furnished with a submission by the UWC’s Community Law Centre’s Gender Project36 which examines disparities in recent cases.

   *    In the case of S v Zitha37, a six-year-old girl was raped in her
     home by three men who had entered the house (armed  with  a  panga)
     for purposes of robbery. Despite the girl's pleas  that  they  take
     whatever they want but just leave her alone, the  three  men  raped
     her in turn on her own bed, one  of  them  raping  her  twice.  All
     three men were convicted of rape.
       During sentence proceedings, it was  argued  on  behalf  of  the
       accused that the youth of the three men (they were 20, 19 and 18
       at the time of the commission  of  the  offence)  constituted  a
       substantial and compelling circumstance,  along  with  the  fact
       that none had any previous convictions and all  three  had  come
       from  unfortunate  backgrounds.  More  astonishingly,   it   was
       advanced on behalf of the accused that the little girl  had  not
       suffered any serious injury apart from the  rape  and  that  the
       rape had not been premeditated since the men had gone  into  the
       house in order to commit a robbery.


       Goldstein J held that even if the rape had not been  planned  in
       advance, it was no simple act -  it  "constituted  a  series  of
       horrific invasions of the sanctity of the  complainant's  body".
       He also rejected the argument that the accused's youth and clean
       record  could  be  seen  as   a   substantial   and   compelling
       circumstance, and held that it was the  duty  of  the  court  to
       impose a sentence of life imprisonment for the offence of rape.


   *    In the case of S v Segole38, a 24-year-old woman was abducted at
     gunpoint by two men. She was driven to a deserted farm,  robbed  of
     her jewellery and valuables and then ordered into  a  the  deserted
     ruin of a house, where both men  raped  her.  Afterwards,  she  was
     tied up and left there. She managed to escape from the  house,  and
     reached safety by stumbling through mud and  swamps  to  a  factory
     nearby.


       It was advanced on behalf of the accused  that  the  complainant
       had not suffered any serious physical injury nor had she  to  be
       treated in hospital. It was even argued that she exaggerated the
       severity of the injuries and that the psychological  trauma  was
       not severe. It was further argued that both accused were from  a
       deprived background.


       Jordaan  AJ  quite  correctly   took   the   evidence   of   the
       psychological  trauma   experienced   by   the   survivor   into
       consideration and stated that  he  could  not  "disregard  these
       factors". He also stated that no weight could be attached to the
       fact that the accused were  from  disadvantaged  backgrounds  as
       they had not gained anything by raping  the  woman.  They  could
       simply have robbed her and taken her vehicle - yet they chose to
       humiliate and degrade her. In conclusion it was stated that "the
       circumstances  of   this   case   do   not   create   compelling
       circumstances envisaged by Parliament."


   *    In the case of S v Shongwe39, a nine-year-old girl was raped  in
     her  home  by  the  father  of  her  mother's  boyfriend.  He   was
     interrupted when someone entered the house.  The  district  surgeon
     who examined the girl stated that her injuries were slight in  that
     there were two slight vaginal tears, which appeared superficial.


       Cillie J felt that  any  person  with  practical  experience  in
       criminal cases and sentencing would regard a  sentence  of  life
       imprisonment on the  accused  in  this  case  as  "shocking".  e
       interpreted the section of the  Act  to  mean  that  wherever  a
       judicial officer is of the view that the  sentence  which  would
       have been imposed prior to the Act and the one required in terms
       of the new Act are so different that it leads to  an  injustice,
       then a departure from the Act would be justified. The court held
       that the non-serious nature of the offence and the lack of  real
       harm to the child were sufficient grounds for departing from the
       mandatory sentence requirement.


       This decision needs to be compared with  the  decision  of  S  v
       Mofokeng 40 the court comes to exactly the opposite  conclusion.
       Here it  was  held  by  Stegmann  J  that  for  substantial  and
       compelling  circumstances  to  be  present  the  facts  of   the
       particular case  must  present  some  circumstance  that  is  so
       exceptional in its nature and  that  so  obviously  exposes  the
       injustice of the statutorily prescribed  sentence  that  it  can
       rightly be described as "compelling".


       The decision in Shongwe is patently wrong,  and  results  in  an
       emasculation of the new legislation. It in  no  way  takes  into
       account  the  purpose  of  the  legislation  or   the   ordinary
       grammatical meaning of the  words  "substantial  and  compelling
       circumstances" as opposed to the words "any  other  circumstance
       which in the opinion of the court should be considered."


   *    In S v Mahamotsa41, two women under the age of 16 were raped  on
     separate occasions by a 23-year-old man. Both were raped more  than
     once by the accused, who had apparently taken them to his house  by
     means of a weapon or something resembling a weapon (the  sentencing
     judgment is not very clear in this regard).  The  second  rape  was
     committed after  the  accused  had  been  arrested  for  the  first
     incident and released in the care of his guardian.


       Kotze J firstly listed a number  of  mitigating  factors,  which
       included the fact that  the  complainants  did  not  lose  their
       virginity as a result of the incidents. They  had  already  been
       sexually active, and "one of them, although only at school,  had
       sexual intercourse with  another  person  two  days  before  the
       incident" (our translation  from  the  Afrikaans  original).  In
       addition,  the  complainants  had  not  sustained  any  physical
       injuries or psychological harm.
       The  court  then  held  that   the   following   constituted   a
       "substantial and compelling circumstance":
          "Although there was intercourse  with  each  complainant  more
          than once, this was the result of the virility of a young  man
          still at school who had intercourse with other  school  pupils
          against  their  wishes,  and,  note,  school  pupils  who  had
          previously been sexually active ... Where one is dealing  with
          school pupils, and where, in addition, it appears that the two
          girls concerned had already had intercourse before, one really
          shouldn't lose perspective, especially not in relation to  the
          first count, which dealt with a complainant  who  had  in  any
          event been naughty a few days earlier and had intercourse with
          someone else. The injustice which she suffered  in  this  case
          does not demand an unusually  severe  sentence."  [Translation
          from Afrikaans original.]
       This judgment has a  chilling  effect,  both  in  terms  of  its
       general approach and its conclusion regarding  "substantial  and
       compelling circumstances". In his interpretation of the Act  and
       the phrase "substantial and compelling circumstances",  Kotze  J
       perpetuates the very myths surrounding rape that one would  have
       hoped to  see  our  courts  discarding,  i.e.  that  rape  isn't
       traumatic for a woman unless there are physical scars and injury
       to show for it, that there  are  no  psychological  consequences
       where a woman has been sexually active prior  to  the  rape  and
       that so-called "rape" is often merely a matter of  misunderstood
       male virility.


   *    In its submission to the Committee,  the  Community  Law  Centre
     expressed the view that, in the consideration by judges of what  is
     "substantial and compelling circumstances", the  following  factors
     should not be taken into account:-
     *  whether the complainant has been sexually active;
     *  whether the complainant and  accused  know  each  other  or  are
       related; and
     *   whether  any  real  physical  injury  was  sustained   by   the
       complainant.

1. Appeals from the Regional Court and the Sexual Offences Courts

(a) The President of the Regional Court in the Western Cape reported to the Committee that, from 11 February 1997 till the present, about 850 matters were finalised in the Sexual Offences courts in Wynberg. There were only about 40-45 appeals against convictions of which only 14 were successful.

(b) Concern was expressed about a recent increase in the setting aside of convictions and the reduction of sentences on appeal, especially in view of the fact that magistrates had the best opportunity to assess a witness’s performance, an advantage a presiding judge on appeal does not have. The President of the Regional Court in the Western Cape indicated that they were particularly concerned about such appeals being granted by acting judges. (c) The Director of Public Prosecutions also expressed concern about lenient sentences being handed down in matters where minimum sentences were applicable, and indicated that his office were in the process of taking various of these judgements on appeal.

1. Appointment of judges and disciplinary proceedings

(a) The chairperson of the Parliamentary Justice Committee and member of the Judicial Service Commission (JSC), Advocate Johnny de Lange, made a submission to the Committee regarding the JSC’s approach to the appointment of judges. The submission dealt, inter alia, with:-

   *    The JSC, as the body charged with advising the President on  the
     appointment of judges, constituted in terms of Section 178  of  the
     Constitution:   the   Chief   Justice,   the   President   of   the
     Constitutional Court, a designated  Judge  President,  the  Cabinet
     member  responsible  for  the  administration   of   justice,   two
     practising advocates and two practising  attorneys  nominated  from
     their  respective  professions  appointed  by  the  President,  one
     designated university teacher of law, six members of  the  National
     Assembly, of which three must  be  from  opposition  parties,  four
     permanent delegates to the National Council of Provinces  and  four
     persons designated by the President.


   *    The South African  judiciary  is  composed  as  follows  (as  in
     November 1999):

Number of permanent judges in 13 divisions (including Land Claims Courts, but excluding Labour Courts) 194 Women judges10 Black judges (29 have been appointed since 1994)30 Black judges who are heads of divisions (Chief Justice of Supreme Court of Appeal, Judge President of High Court in Transkei and President of the Land Claims Court)3 * UWC’s Community Law Centre pointed out in their submission that a demographically representative judiciary does not guarantee race and gender sensitivity. The ideal is that every person on the bench must be sensitive to race and gender issues, irrespective of their own race and gender.

   *     The  Chief  Justice  has  formulated  the  criteria   for   the
     appointment of judges as follows42:


     *  Is the applicant an appropriately qualified person?


     *  Is she or he a fit and proper person?


     *  Would her or his appointment help  to  reflect  the  racial  and
       gender composition of South Africa?


     *  Is the proposed appointee a person of integrity?


     *  Is the proposed appointee a person  with  the  necessary  energy
       and motivation?


     *  Is the proposed appointee both technically  competent  and  able
       to give expression to the values of the Constitution?


     *  Has the proposed appointee the appropriate potential?
     *  What message is given to the community at large by a  particular
       appointment?

(b) It is apparent from the aforesaid that there is no specific requirement for knowledge on and sensitivity to issues relating to women and violence against women. (c) The President of the Regional Court in the Western Cape expressed the view to the Committee that judges were mostly drawn from a pool of senior advocates, usually men, whose experience was mainly in commercial matters, and if they do have criminal experience, it was as an accused-orientated defence counsel. They were therefore not necessarily well-equipped to hear criminal trials and appeals.

(d) The Commission on Gender Equality reported to the Committee that it was investigating the possibility of incorporating CGE into the JSC to ensure the appointment of a more gender-sensitive judiciary.

(e) The Minister of Justice advised the Committee that draft legislation on disciplinary and grievance proceedings for judges had been finalised and is presently being circulated among the judiciary.

1. Education of judges (a) Both the Department of Justice and the Chief Director of Justice College reported that High Court judges resisted efforts to participate in training on the basis that it may compromise judicial independence. However, the Department has in the past reported on its Canadian Justice Linkage Project, a five-year judicial training programme that includes higher court judicial officers.43

(b) Constitutional Court Judge Kate O’Regan presented a report to the Committee on her attendance at a judicial colloquium on the application of international human rights law at the domestic level. The communiquÿ adopted by the colloquium raised the following issues:

   *    the need for countries to seek ways to ensure access  for  women
     to the justice system;


   *     the  need  for  lawyers,  legislators,  judges  &  citizens  to
     recognize the importance of and be familiar with international  and
     regional human rights law;


   *    judicial education: calling "for all judges to engage in an  on-
     going process of  comprehensive,  in-depth  and  credible  judicial
     education to integrate CEDAW, CRC  and  other  international  human
     rights  instruments  into  domestic  law  and  decision-making   to
     enhance the  social,  political  and  economic  lives  of  women  &
     children  and  to  eradicate  violence  against  them",  and   "for
     Governments to support the judiciary in  these  efforts,  including
     through the provision of adequate resources";


   *    education for lawyers and citizens on human rights;


   *    the establishment of an international judicial education  centre
     "to assist countries in the design,  development  and  delivery  of
     judicial  education  programmes  on  international   human   rights
     instruments  and  jurisprudence",  as  well  as  "an  international
     resource  centre  to  advise  and   assist   law-makers,   judicial
     officers, prosecutors and lawyers in developing specific  practices
     and processes required to  implement  and  integrate  international
     human rights instruments into their domestic legal systems".

1. LAW ENFORCEMENT

Previous commitments and recommendations

(a) In its White Paper on Safety and Security in 1998, the Department of Safety and Security stated that service delivery is a key aspect for women who have often faced secondary victimisation from the SAPS in the past. To give effect to various victim’s rights (including the right to be treated with respect and dignity, the right to legal advice and the right to protection), “specific guidelines for use at station level should be developed to ensure that in cases in which women have been victims of sexual offences, rape or domestic violence they are treated with extra dignity, compassion and care”. The White Paper further stated that these aspects would be developed in line with the existing initiatives of the Victim Empowerment Programme (VEP) under the National Crime Prevention Strategy (NCPS).44

(b) In its November 1998 report on Government’s Implementation of CEDAW and the BPA, the Committee recorded that it had received no response from either the Minister of Safety and Security or the Independent Complaints Directorate (ICD) to its May 1998 letters requesting an update on programmes to combat violence against women, details of budgetary allocations for implementation of such programmes and the implementation by the SAPS of certain recommendations made by the ICD.

(c) In the 1998 report of the ICD45 on the conduct of members of the SAPS made, inter alia, the following recommendations46:

   *    The SAPS should embark on an extensive training programme, aimed
     at  improving  the  member's  understanding  of  the   nature   and
     consequences of violence against women, the  context  within  which
     such violence  occurs  and  is  aimed  at  enhancing  the  member's
     capacity to respond appropriately to such complaints.


   *    Suitably trained officers should  be  attached  to  each  police
     station. Complainants should be offered  a  choice  of  a  male  or
     female  member  to  assist   in   the   initial   stages   of   the
     investigation.


   *    Each police station should have a  list  of  organisations  that
     deal with violence against women.


   *    The SAPS should review its mechanisms regarding the  release  of
     information to the media so as not to  discriminate  against  women
     and not to invade their privacy.

(d) The Committee urgently requires a response from the SAPS and the ICD as to whether any of the above recommendations have been implemented.

1. Present experiences of the SAPS

(a) Numerous submissions to the Committee indicated that the SAPS remains inaccessible, insensitive47 and ineffective48 in preventing violence against women and assisting victims of violence, thereby decreasing the reporting of the crime and prosecution of attackers. The difficulties can roughly be categorised as problems of attitude and abuse and operational problems.

1. Attitudes and abuse

(a) Submissions described police as accusatory (Why did you go with him”; “You should not walk in that area alone”; “You know what happens at the shebeens, you shouldn’t have been there”), hostile (“you’re wasting my time … come back when you get your story straight”; “what do you want us to do about it?”; “why did you wash yourself?”) and uncooperative (“find him and then come back to us”; “sit there until a female officer arrives to help you”)49.

(b) Police were accused of trying to dissuade women from laying charges against perpetrators by stressing negative outcomes/consequences for women if they insist on the arrest of the offender.50

(c) Women also complained of poor police service in cases of domestic violence, and two thirds of those who had gone to the police had difficulty in convincing the police that they were in need of protection or were not treated seriously: in 80% of cases, police arrived hours later or the next day when called to the scene; 34% of women were told to “stop wasting police time”, 26% were accused of provoking the violence, 39% were accused of lying; 74% were expected to give statements in not their first language; 43% were told that charges could not be laid due to lack of evidence; police also failed to inform women on procedure, to update them, or to investigate the complaint properly; 55% of complainants were told to “find their attacker” before the police would arrest him.51

(d) The Commission on Gender Equality complained of the SAPS’s failure to take complainants seriously, even ridiculing complainants, failure to provide sanctuary to complainants, failure to attempt to apprehend abusers where warrants have been issued, and demanding that survivors accompany police to point out perpetrators.

(e) Police, on the other hand, complained of women withdrawing charges, lack of resources & transport, non-cooperation of victims in investigations, “false complaints”, and laws which limit police’s right to enter the respondent’s home.

(f) Various allegations were also made about sexual advances by police officers.52 It was also reported to the Committee that many policemen are vulnerable to bribery by offenders53, resulting in case files going missing, thus hampering the investigation and ultimately justice.54

(g) It is a requirement of CEDAW that government should take measures to ensure that law enforcement officers receive training to sensitise them to the needs of women.55

(h) The National Network on Violence Against Women reported that, while it is recognised that training will facilitate the development of more humane treatment of women by police and other officials, gender- sensitive training has in the past not resulted in gender-sensitive practices in the police workplace. There is thus a need to evaluate the outcome of training, and its application in the workplace.

(i) Tswaranang Legal Advocacy Centre to End Violence Against Women made the point that the mainly military training of police does not equip them to deal sensitively with issues of violence against women.

(j) In a written submission, the National Police Commissioner advised the Committee that a training programme had been developed to equip members with basic knowledge and skills in this area and all SAPS members would be trained in this over the next two years.

(k) The Department of Safety and Security reported56 to the Committee the following efforts to address crimes against women and children:- * the SAPS has declared crimes against women and children a policing priority for the third consecutive year;

   *    a "national instruction" has been  issued  with  regard  to  the
     support  of  sexual   offences   and   crucial   aspects   of   the
     investigation  thereof.  A   video-recording   of   this   national
     instruction was made and distribute countrywide;
   *    basic training,  detective  training  and  specialised  training
     courses (on, for example, the  investigation  of  sexual  offences,
     family violence and child protection) are in place for  members  of
     the SAPS, with special attention to dealing with women survivors;


   *    the SAPS is represented at Interpol's Standing Working Party  on
     Offences Against Minors.

1. Operational problems (a) There still appears to be a gross discrepancy in the distribution of police stations in historically disadvantaged areas, and in particular, in rural areas. It was reported to the Committee that permanent police stations feature in only 14% of historically black areas and in 86% of historically white areas. The main service providers in black areas are satellite stations and contact points.57 The majority of South African women reside many miles from the nearest police station or magistrate’s court, limiting their access to justice.

(b) It was reported that policemen refuse to respond to calls by women by saying that they do not have vehicles to come to the complainant.58

(c) The National Network on Violence Against Women submitted that there are too few female police officers to counsel survivors of violence, and that they received repeated requests by women for counselling by female officers.

(d) Women described such difficult experiences as waiting for hours at the police station, having to repeat their story to various different police officers, not having statements taken in their first language, and poor follow-up about arrests, detention or bail hearings of the accused.59

(e) The Office of the DPP emphasised that police need to be trained on the techniques of collecting DNA evidence and its preservation.60 They need training on how to deal with traumatised victims and children when asking questions particularly as most rapes are not committed by strangers but by those close to the victims, such as relatives.

(f) The Police Commissioner also told the Committee that police stations are in the process of becoming more victim-friendly and that R1 million had been allocated for rape victim care packages containing basic toiletries.

(g) Concern was also expressed about the SAPS’s compliance with the Domestic Violence Act, which comes into operation on 15 December 1999.61 By way of example, the DVA makes provision for the complainant to receive a notice of her rights in her official language and to have the contents thereof explained to her. Most police stations are understaffed and no more than three official languages are spoken. It did not appear as if additional personnel had been allocated to stations for the implementation of the DVA, nor had strategies to address this issue been developed.

(h) The National Police Commissioner advised the Committee that SAPS national instructions have been compiled in preparation for the implementation of the DVA and that all SAPS members must be trained in terms of these instructions.

(i) The Department of Safety and Security also reported to the Committee the efforts of the SAPS to transform its existing Child Protection Units into specialised Family Violence, Child Protection and Sexual Offences Units.

   *    These FCS units are  responsible  for  policing  the  crimes  of
     assault  with  the  intention  to  do  grievous  bodily  harm   and
     attempted murder of a victim older than 18 years  where  the  crime
     is committed in the context  of  a  family.  The  units  also  have
     jurisdiction over sexual offences  (where  the  victim  is  18  and
     older) including rape, indecent assault, incest  and  violation  of
     the Sexual Offences Act62 with regard to  the  sexual  exploitation
     of adults. The  FCS  units  are  also  responsible  to  police  the
     following crimes where the victim is under the  age  of  18:  rape,
     indecent assault, sodomy, incest, attempted  murder,  assault  with
     the intention to do grievous bodily  harm,  common  assault  (where
     three or  more  incidents  occur  in  the  context  of  a  family),
     kidnapping, abduction, violation of the Sexual  Offences  Act  with
     regard to the sexual  exploitation  of  children,  the  Child  Care
     Act63 and  the  Films  and  Publication  Act64  relating  to  child
     pornography.


   *    Fourteen of these FCS units are already operational.  There  are
     27 Child Protection Units and four Indecent  Crime  Units  situated
     in the main centres, while specialised  SAPS  members  attached  to
     the Detective Service operate in 156  smaller  centres  across  the
     country. Where no such special unit or individual  is  operational,
     members at the local detective service  or  police  station  police
     the crimes.


   *    Members of the FCS units receive a three  week  training  course
     presented  by  experts  including  psychologists,   criminologists,
     advocates, medical practitioners and senior police officers.

(j) The following issues still has to be addressed by the Department of Safety and Security:-

   *    the development of a profile of rape survivors and perpetrators;


   *     disciplinary  action  against  members  of  the  SAPS  who  are
     themselves perpetrators of violence against women;


   *     the  technical  aptitude  of  investigating  officers  in   the
     investigation of charges  of  violence  against  women,  especially
     rape;


   *    the establishment  of  specialised  units  for  rape  and  other
     violence against women and children; and


   *    the  Department's  participation  in  trauma  centres  for  rape
     survivors.

1. ELFARE SERVICES AND SHELTERS

(a) The February 1996 Beijing Cabinet commitments relating to violence against women include:-

   *    the provision of  shelters  and  relief  support  to  women  and
     girls65;


   *    increasing the understanding of policymakers and implementers of
     the impact of violence on women and girls; and


   *    encouraging the media to present positive images of women.

1. Counselling and shelters

(a) Participants in the hearings reported an absence of proper counselling for women who are survivors of violence. It appeared that officials and professionals were not adequately trained to give meaningful assistance to survivors of violence. It was also reported to the Committee that young women face additional difficulties, since schools are reluctant to deal with sexual assault and see rape as a “police issue” while families tend to “hide” the problem.66

(b) NGO’s and CBO’s also reported a severe lack of temporary safe housing for women as a means of escaping situations of violence.67 This Commission for Gender Equality called for the urgent establishment of shelters in especially rural areas.

(c) Nisaa reported to the Committee that, at present, most shelters are funded by overseas donor agencies. They submitted that it is imperative that South African shelters begin to find local funding in the interest of sustainability. Since many NGO’s have developed considerable expertise in running shelters, Nisaa is of the view that NGO’s should run the services with government funding, and NGO’s thus being accountable to government.

(d) The University of Cape Town’s Institute of Criminology’s Gender, Law and Development Project presented a submission on research undertaken in rural areas in the Southern Cape, and drew the following findings to the committee’s attention:

   *    participants reported fear of retaliation,  public  humiliation,
     ostracism by family and friends and little faith in the police  and
     courts.


   *     women  reported  little  or  no  support  from  family  or  the
     community; women were often  too  scared  of  retaliation  to  help
     other women,  family  members  blamed  the  victim  for  not  being
     obedient enough, with further retaliation from the abuser  who  has
     now been humiliated before his family.


   *    Participants  reported  little  or  no  assistance  from  social
     workers from local  welfare  agencies,  namely  the  Department  of
     Welfare and  the  Christelike  Maatskaplike  Raad  (both  of  which
     prioritised child abuse): women expressed a strong  need  for  more
     and better domestic violence counselling and shelters.

(e) The Gender Advocacy Project (GAP) stated in their written submission to the Committee that support services such as shelters, financial support, legal assistance, police protection, access to housing, education, training, employment opportunities, psychological services were essential to assist women to transcend the cycle of abuse.

(f) The Welfare Ministry reported to the Committee on the following achievements and proposed projects:-

   *    A service directory for police and other professionals has  been
     developed.
   *    One-stop service" shelters were being  planned.  The  Department
     intends piloting these shelters in under-resourced provinces.


   *    the Department had embarked on training of SAPS  and  Department
     of Justice officials on the provisions  of  the  DVA.  Training  of
     social workers and volunteers would take place in  January/February
     2000.


   *    the Department  was  planning  public  education  and  awareness
     campaigns on the DVA, and was also  in  the  process  of  informing
     provincial Welfare Departments.


   *    the Victim Empowerment Programme (VEP), a key programme  of  the
     inter-ministerial National Crime Prevention  Strategy  (NCPS),  has
     been launched and R6 million allocated to the  VEP.  Provinces  and
     projects responsive to needs of women and  girls  receive  priority
     in the allocation of funds.  42  service  centres  for  victims  of
     violence were already operational and had  been  allocated  funding
     of R2,25 million. The funding  of  nine  outreach  centres  in  the
     provinces is detailed below.

(g) In the White Paper on Social Welfare of 1997 guidelines for strategy include strategies to counteract all forms of abuse and violence against women, support services for women who have been battered, raped and sexually abused, the training of police officers, magistrates and criminal justice personnel in the management of violence against women, gender sensitive welfare services and taking into account women’s needs as care givers.

(h) The Department of Welfare indicated to the Committee in its 1998 progress report that it was encouraging the media to present positive images of women through a “white ribbon campaign” and the “taxi-net campaign”.68

(i) The Department of Justice reported to the Committee that it has established a 24 hour helpline for abused women.

(j) The following issues remain to be addressed by the Department of Welfare:

   *     the  Department's  efforts  to  ensure  that  women   are   not
     discriminated against with regard to welfare  grants  and  properly
     regarded as main care provider, in particular in  situations  where
     the husband is alive but absent or unemployed;
   *    the Department's efforts to ensure the allocation of more  funds
     to care dependency grants for seriously impaired children.

1. Transport

(a) Various submissions described the difficulties experienced by especially rural women in accessing health care and legal services due to in accessibility of transport.

(b) UCT’s Institute of Criminology’s Gender, Law & Development Project reported69 to the Committee that, in a study conducted among rural women in the Southern Cape, almost 35% of women travel to or from work in the dark in rural areas. It was also found that 54% of historically disadvantaged groups walk to and from work on foot.

(c) The Department of Transport was not requested by the Committee to participate in the hearings. The Committee intends requesting the Department to furnish it with its formal response to the following issues70, with reference to its White Paper on National Transport Policy of 1996:-

   *     the  Department's  efforts  to  make  public   transport   more
     accessible and affordable to women, who rely on these services  for
     access to justice and health care services;
   *    the Department's efforts to improve  transport  within  villages
     and towns, as well as transport to and from rural areas;


   *    the Department's efforts to ensure the safety of  women  on  the
     public  transport  system,  with  particular  reference   to   more
     conductors and alarm cords on trains, safe waiting places at  train
     stations  and  special  measures  for  transport   services   after
     standard commuter times.

1. HEALTH CARE

Medico-legal examinations (a) Various submissions to the Committee reported on practical difficulties experienced with the required medico-legal examination of the victims of sexual assault and rape:

   *    health care  services  are  disproportionately  concentrated  in
     historically white and urban centres.  Most  district  surgeons  in
     the rural areas work part-time,  combining  their  official  duties
     with private practice.71


   *    concomitant lack of access,  mainly  transport,  especially  for
     rural women. UCT's  Institute  of  Criminology's  Gender,  Law  and
     Development  Project  reported  that  rural  women  were   severely
     affected by the lack of operational telephones, long  distances  to
     travel to police stations (which are often inaccessible and  poorly
     resourced) and to clinics and hospitals.72 Police are  supposed  to
     transport women to district surgeons, but seldom do so,  partly  as
     a result of shortage of police vehicles.73


   *    lengthy waiting periods74 between reporting  the  crime  to  the
     police and the medical examination, which not  only  compounds  the
     victim's trauma,  but  is  also  a  deterrent  to  proceeding  with
     criminal charges. One research report showed  that  only  54,8%  of
     survivors  were  examined  within  3  hours  of  reporting  to  the
     police.75


   *    lack of privacy during the medical examination and a failure  on
     the part of district  surgeons  to  explain  the  reasons  for  and
     nature of the examination, often due to linguistic problems;76


   *    inadequate treatment for conditions such as HIV/AIDS, STD's  and
     pregnancy,  or  treatment  without   even   the   most   basic   of
     explanations of the health risks faced  by  rape  survivors.  Often
     the necessary treatment, such as post-exposure prophylaxis, is  not
     available. The absence of pre- and post - HIV test counselling  was
     also reported.77


   *    the President of the Regional Court in the Western Cape  further
     told the Committee that district surgeons often lack expertise  and
     equipment; there have also been cases where district surgeons  have
     refused to examine drunk & drugged victims. The Masimanyane  report
     admitted reluctance on the part of district surgeons to  appear  in
     court, and there was even the  suggestion  that  district  surgeons
     deliberately completed the J88 form  in  an  inadequate  manner  to
     avoid being called as a witness.


   *    specific request was tabled by the  President  of  the  Regional
     Court to remove question 11(e)  ("date  of  last  intercourse  with
     consent") from Form J88 on the basis  that  it  is  an  unnecessary
     invasion of the privacy of the survivor.

(b) Traditionally, forensic evidence collected by the health workers has not been adequate for the prosecution of alleged offenders. The Head of the Sexual Offences and Community Affairs Unit in the Office of the Director of Public Prosecutions reported to the Committee on a successful pilot project in Kimberley, which provided training for forensic nurses to collect evidence and give expert evidence in rape and sexual assault trials. The Office of the DPP indicated that their view was that forensic training had to be extended to nurses and where possible they should be able to give expert evidence, especially in rural areas, where there is a shortage of medical facilities.

1. Physical and psychological aspects of treatment of victims of violence

(a) It further appeared that few health care workers were properly equipped to deal with both the physical and psychological aspects of the treatment of women and children who were victims of violence, especially sexual violence.

(b) The Women’s Health Project reported that most of the general practitioners surveyed by them felt inadequate in coping with issues surrounding domestic violence. Thirty-three percent of the GPs who attended the course reported that they saw women in violent situations almost on a daily basis and a further 13 % saw them at least once a week. Sixty two percent of the doctors saw women who had been raped more than once a month. Where the GPs could deal with the physical aspects such as rape and injury, they were wary and felt ill- equipped to deal with “private” aspects of the problem such as offering counselling and referring the survivor to social structures that could offer assistance (such as legal institutions and shelters).

(c) Ilitha Labantu reported that district surgeons and hospitals were only concerned about rape victims when the survivor showed physical injuries.

(d) The Office of the Director of Public Prosecutions (DPP) raised the issue that medical students must be trained properly on how to examine sexually assaulted victims.

(e) It also appeared that health workers were perfectly positioned to assist women who are victims of violence, with a significant majority of women informing the health care worker who treats them of the identity of their abuser.78

(f) Many health workers, however, are not trained to deal with issues of violence and an education and counselling opportunity is therefore missed.79 Women’s Health Project reported to the Committee that, while the Department of Health recognises the problem of violence against women and intends to develop programmes, there is no institutionalised training at present in the medical or nursing curriculum or in-service training to prepare health workers to deal with violence against women. This is borne out by the fact that only 10% of health workers routinely ask clients about domestic violence: the reasons for not inquiring about abuse were feeling professionally and personally ill-equipped to deal with such problems (40%), perceptions that it is unnecessary (47%) and being too busy (13%). (g) In the Department of Health’s 1998 progress report to the Committee, the Department stated that it had joined other countries to discuss a resolution on the prevention of violence as a public health priority, that it participates in the National Network on Violence Against Women and that it assisted in developing guidelines for survivors of sexual offences. (h) The following issues80 remain to be addressed by the Department of Health:

   *    the necessity of shifting the focus of health care services  for
     women  from  childbearing   to   reproductive   health,   including
     counselling  and  education  on  and  treatment  for   reproductive
     health, including infertility, sexually  transmitted  diseases  and
     especially violence against women; and


   *    training and  education  of  health  care  workers  in  domestic
     violence as a mainstream health issue. 19.   HIV/AIDS and violence against women

(a) Women and children who have been the victims of sexual abuse and violence face special risks of contracting sexually transmitted diseases (STDs), and in particular HIV/AIDS.

(b) The violence and coercion involved in the sexual relationships of so many men and women in South Africa limit especially young women’s capacities to protect themselves against HIV/AIDS.81 In research conducted among women in three South African provinces82, CERSA reported that many women indicated that their partner openly brought girlfriends home or boasted about them, and that even more women indicated that they did not perceive that they were able to refuse sex with their husbands. Given the pattern of gender relations described in this research, it is likely that women would not be in a position to insist on condom use, even if they wanted to, and in relationship characterised by physical violence they faced further abuse.

(c) Various perverse myths have arisen during the last decade connecting sex with certain types of women with a cure for AIDS, thereby adding a new dimension to sexual violence against women. In 1990, a document appeared calling on African men in the Durban area to acquire “the AIDS antibody” by raping Indian women. Even though the flyer was believed to be the work of a “third force” intent on aggravating conflict in and between black communities, it still succeeded in increasing the fear surrounding the disease. There is also a well- circulated myth that sex with a child virgin will cure oneself of the virus.83

(d) Lisa Vetten writes84 that, although it is extremely hard to show a correlation between the incidence of rape and suspected or confirmed HIV positivity, the desire the spread the disease to ensure one does not die alone, coupled with anecdotes like those above, does suggest that HIV/AIDS needs to seriously considered in trying to understand factors giving rise to rape in South Africa. Certainly, it would seem that rapists may be targeting younger girls and children in the belief that, being less sexually active, they are also less likely to be HIV positive.

(e) Government funding of the controversial anti-retroviral drug AZT - widely used in the treatment of AIDS - for rape survivors has received much attention in the media and from the public during the last months.

(f) In an address to the National Assembly on 16 November 1999, the National Minister of Health, Dr M E Tshabalala-Msimang, indicated that it is conservatively estimated that up to four million South Africans, approximately 10% of our population, have been infected with the HIV virus. The Department of Health reported in 1999 that young women in there 20s have the highest infection rates. 26,1% and 26,9% of pregnant women aged 10-14 and 25-29 respectively are HIV positive.85

(g) The Minister further stated in her address that the government does not supply AZT (which is generally used in conjunction with other drugs) to people infected with HIV/AIDS (including pregnant mothers) and people who may have been infected through needle-pricks or through rape, on two grounds:-

   *    affordability. In her address to Parliament, the Minister stated
     "We simply cannot afford AZT. At current market prices the cost  of
     the triple therapy drugs alone, for the treatment of  four  million
     South Africans, would be ten times the total South  African  health
     care budget, and 140 times what we spend on pharmaceuticals in  the
     public sector."


   *    the absence of proper research on  the  possible  harmful  side-
     effects of AZT, in particular its toxic profile.   (h) With regard to the treatment of rape survivors, the Minister said the
   following:


     "I must draw your attention to the fact that AZT is not  registered
     for this particular use in South Africa,  or  to  the  best  of  my
     knowledge, anywhere else in the world.86
     "It is extremely unusual to expose healthy adults or children to  a
     drug like AZT, that was developed  for  use  in  chemotherapy,  and
     that is known to have caused cancer in animal  studies.  Few  drugs
     on our market are known carcinogens in  animal  models,  and  those
     that are, are  mainly  used  to  treat  patients  with  established
     serious conditions such as cancer, where their  effects  have  been
     carefully studied in  clinical  trials,  and  where  their  use  is
     strictly controlled.


     "We have absolutely no idea of what the effects are, either  short-
     term or long-term, of using AZT, a  known  carcinogen,  on  healthy
     people. The use of AZT is, at  the  present  time,  illegal,  aside
     from it being dangerous."

1. INCARCERATION OF OFFENDERS

(a) The Department furnished the Committee with the following relevant statistics87 about prisoners presently in the care of the Department:-

   *    there are 12 034 prisoners convicted of sexual offences - 11% of
     the total sentenced prisoner population.


   *    there are 4 111 sentenced and unsentenced female prisoners:  871
     (21,1%) have been convicted of murder, 516 (12,6%) of assault,  347
     (8,4%) of narcotics-related crimes, and 326 (7,9%) of fraud.


   *    the average age of female prisoners was  30,77  years,  and  the
     average sentence of  those  already  sentenced  was  36,38  months.
     There are 315 infants in prison in the care of female prisoners.


   *    as at 30 April 1999, the number of HIV-positive prisoners was  1
     789, a 25,46% increase from the number of 1 426 in May 1998.

(b) The Department of Correctional Services presented a submission88 to the Committee describing their extensive education and rehabilitative counselling programmes for inmates89, and in particular perpetrators of sexual violence. Convicted rapists receive counselling and treatment from psychologists as they have been identified as a priority target group. The Department conceded that their rehabilitative efforts were difficult to measure due to a lack of statistical support.

(c) The Department reported on their education programmes for women inmates (such as programmes on adult basic education and training, reproductive health, including HIV/AIDS, parenting skills, and stress and anger management, alcohol and drug abuse). The Department also makes use of NGO’s, such as People Opposed to Women Abuse who hold workshops on violence for female offenders who have committed violent crimes.

(d) Departmental policy stipulates that mothers with infants and young children90 must be kept in a separate Mother and Child Unit, where surrounding and facilities are complementary to sound physical, social and mental care and development of the child.

(e) It was also reported that the Department now had a programme in place by which all reasonable efforts were made to notify victims of the parole hearings, release or escape of prisoners. Victims may make oral representations at parole hearings without the prisoner being present, or written representations. The victim may also request to have certain conditions included in the prisoner’s parole conditions, especially in rape and child abuse cases, such as that the offender is restricted from certain public or residential areas.

(f) The Department’s submission points out that a victim or relative is responsible to inform the Commissioner of Correctional Services in writing of her contact details, changes of address, and costs incurred to attend the parole board hearing.

(g) The Department also attempts to assist prisoners about to be release by way of counselling, accommodation and transport arrangements and community integration programmes to assist prisoners to obtain employment on release.

1. RECENT RESEARCH ON VIOLENCE AGAINST WOMEN

(a) Several research reports were presented to the Committee at the hearings. The findings, which appear important to the Committee, are summarised below. The Committee requests that these summaries should not be used without reference to the entire research reports, copies of which are available from the Committee clerk. It is always necessary to take into account the limitations of such research, which were all conducted in specific geographic areas, and to recognise the danger of generalisation. These difficulties only highlight the dire need for a proper statistical database on issues relating to violence against women and children and gender attitudes.

(b) UNISA’s Institute for Social and Health Sciences presented a research report on rape surveillance through district surgeon offices in Johannesburg from January 1996 to December 1998. Some of their findings on an analysis of 1401 rape cases reported at the Hillbrow, Lenasia South and Chris Hani Baragwanath medico-legal clinics during this period were the following:

   *    1% of survivors were between ages 15 and 25;


   *    0% of survivors were African, 10,2%  Coloured,  8,1%  White  and
     1,8% Asian;


   *    8,3% of rapes were perpetrated by a  person  of  the  same  race
     group as the survivor;


   *    8,2% of rapes occurred over the weekend, and  43,7%  took  place
     between 18h01 and 0h00, i.e. most rapes took  place  after  working
     hours and after dark;


   *    4,7% of survivors were acquainted with their  attacker  in  some
     way: 21,9% of victims knew  their  attacker  by  sight,  5,7%  were
     "friends", 4,2%  were  relatives,  3,4%  were  ex-boyfriends,  3,1%
     neighbours, 1,5% family acquaintances, 1,2% boyfriends and 0,8% co-
     workers91;


   *    ounger  victims  were  more  likely  to  know  their  attackers:
     offenders were known to 57,4% of victims  between  ages  1  to  12,
     53,8% of victims between  13  to  19  years  (the  perpetrator  was
     unknown to 61,6% of victims between 20 to 30, 64% of 31 to 40,  and
     83,3% of those older than 50);


   *    1% of rapes were committed in open fields, 29,1% in the rapist's
     home, and  14,2%  in  the  victim's  home.  32  cases  occurred  in
     Hillbrow, 70 in the Johannesburg CBD, 60 in  Lenasia,  50  each  in
     Berea, Orange Farm, Soweto, and 46 in Joubert Park;


   *    single perpetrator committed 73% of rapes,  while  27%  involved
     multiple attackers (two attackers - 13,6%, three attackers  -  6,4%
     and four attackers - 7%);


   *    where a single perpetrator was involved, 51,5%  of  perpetrators
     were known to their victims, and 48,2% of rapes occurred  in  homes
     (32,3% in the rapist's home and 15,9% in the victim's home);


   *     where  multiple  attackers  were   involved,   75,1%   of   the
     perpetrators were strangers  to  the  victims,  and  50,8%  of  the
     attacks occurred in public areas;


   *    weapons were used in 54,9% of attacks: mostly knives (50,9%) and
     firearms (35,3%).  In  85,5%  of  cases  the  weapon  was  used  to
     threaten only.

(c) UCT’s Institute of Criminology’s Gender, Law and Development Project presented a submission on research undertaken in rural areas in the Southern Cape92, which found that the statistics and dynamics of rape are similar in rural areas to those in urban centres, but significant differences are identified in access to justice & support after the attack. Participating women estimated that 80% of women, on average, are victims of ongoing domestic violence.

(d) Rural women experienced and witnessed injuries ranging from burns from boiling water to severe head injuries, resulting in loss of hearing and sight. Steel pipes, sticks, knives, furniture, boiling water, fists, pieces of timber and kitchen utensils were all used on women in their communities. Participants stated that, in their community, men were “professionals” in domestic violence, hitting a woman on her body and not on her face, so that the injuries are not too identifiable, but when she has been accused of infidelity, women sustain head and facial injuries “to make her ugly to other men”.

(e) One participant described the domestic sexual abuse of a family member as follows:

     "What can she do if he comes home, drunk,  kicking  the  door,  the
     children and everything has gone mad?  When  she  is  sleeping,  he
     turns up the music loud and come to her and makes  her  sleep  with
     him. And she only wants to please her  husband  but  she  does  not
     like it. He is very aggressive in their  bed  with.  She  does  not
     believe it's really rape when it is her husband. Neither  does  he.
     He says 'you're my wife, I can do what I want to do'.


     "Even if she says no, her husband  gets  cross  and  hits  her  and
     keeps doing what he wants to  do.  It  is  very  painful,  but  she
     cannot scream because her children are there. That is why he  turns
     on the music. But, she says her children know  what  is  happening.
     She can hear them crying.


     "She reports him to his family. His family says 'what's wrong  with
     you that you don't want to please your husband'  or  'what  are  we
     supposed to do ... must have sex with your husband'.


     "Sometimes husbands listen but they mostly say it is  nonsense  and
     if the women do not like it, they must leave the house.  What  must
     we do? Go to the police? Even if you are raped by a  stranger  they
     don't believe you and now  you  must  tell  them  your  husband  is
     raping you? They are just as bad as  the  husbands.  They  ridicule
     you too and tell you that you are full of shit and you are  wasting
     their time. You can have scars on your face ...  bleeding  ...  and
     the police will send you home to 'sort it out with  him'.  Rape  by
     your husband is only real in the law."

(f) Participants listed domestic violence, alcoholism, under- and unemployment, the rape of women and property crime as major problems in their communities. Participants reported a link quantified at 75% to 100% between alcohol and violence in their communities: Women reported that the highest levels of crime against women and children, particularly sexual assault and rape, occurred in close proximity to shebeens. It also appeared that age restrictions for buying alcohol were almost non-existent.

(g) Rape and the sexual molestation of children were seen as the biggest threats to women and girl children in the communities, not only due to the violation of women’s physical and sexual integrity, but also due to other consequences of rape, such as death, injury, impregnation and STD’s.

(h) Economic abuse was a notable feature of the research, and included withholding money, stealing money earned by her, throwing the victim and her children out of the home (or threatening to do so) or the practice of giving money to the eldest son (no matter how old he is). But most commonly, men gave money irregularly to the women to provide for their families, and women were subsequently beaten if the husband found meals or the home unsatisfactory.

(i) Women listed the following causes of domestic violence: Lack of respect for women, problems with children (misbehaviour or neglect), unemployment and alcohol abuse, suspicion or jealousy, and culture (with special reference to lobola). (j) The report lists the following reasons for the limited access to justice for rural women:

   *    Economic disempowerment (as a result of lack  of  education  and
     unemployment) was mentioned  as  being  the  single  factor,  which
     prevent women from removing themselves from the domestic  violence.
     Most women who participated in the research had  no  credit  rating
     or  no  cash  to  draw  on  in  an   emergency.   These   financial
     restrictions resulted in isolation and domestic "confinement",  and
     dictated their physical mobility, access to education,  recreation,
     where they could shop, what they could buy and also access to  each
     other.


   *    Women in rural areas  lack  nearby  services  and  the  cost  of
     transport decreases a woman's ability to leave  violent  situations
     or even seek information or assistance to deal  with  the  problem.
     Distances to basic public services are great and child  care  is  a
     problem if travel is necessary. There are no or  limited  taxi  and
     bus services and if they do exist they are expensive.


   *    Limited access to state and private health, welfare and  justice
     services results in systemic discrimination by the state in  almost
     every area of rural women's lives.


   *    Women in rural areas have little option but  to  remain  in  the
     home with the offender because there are no accessible safe  houses
     or shelters. Rural women remain in  abusive  relationships  because
     they have little access to economic resources.


   *    Women in small rural communities articulate fears  of  community
     gossip  or  alienation  from  their  communities   if   they   seek
     assistance.


   *    Women remain powerless over alcoholism within their communities.


   *    Very few development services exist in rural communities.

(k) The combined effects of poverty and violence for rural women in the Southern Cape create formidable barriers to women’s equality, mental and physical health, and their full participation in civil society. Current law contains systemic inequalities, state legal structures are inherently discriminatory against women and, more specifically, do not meet the needs of rural women.93 (l) The Medical Research Council’s Centre for Epidemiological Research in SA (“CERSA”) presented three research reports at the hearings, which will be dealt with in turn below.

(m) CERSA presented a research report on domestic violence based on the first major community-based prevalence study conducted among women in Eastern Cape, Mpumalanga & the Northern Province.94 Its main findings were the following:-

   *    emotional, financial and physical abuse are common  features  of
     relationships and that many women have been raped;


   *     physical  violence  often  continues   during   pregnancy   and
     constitutes an important cause of reproductive morbidity;


   *    many women are injured by their partners and considerable health
     sector  resources  are  expended  providing  treatment  for   these
     injuries;


   *    injuries result  in  costs  being  incurred  in  other  sectors,
     notable to the family and the women's community  and  to  employers
     in the national economy.

(n) The report’s findings on the prevalence of violence against women is demonstrated in the following table:- Eastern-Cape Mpumalanga Northern Cape Abuse by a current or ex-partner in the past 26,8% 28,4% 19,1% Abuse by a current or ex-partner in the last year 10,9% 11,9% 4,5% Rape 4,5% 7,2% 4,8% Physical abuse during pregnancy 9,1% 6,7% 4,7%

(o) The study shows that considerable mental distress is associated with abuse. Of the women who reported being abused in the past year, 27,9% (Eastern Cape), 24% (Mpumalanga) and 14,3% (Northern Province) indicated that they have suicidal thoughts.

(p) When asked about women’s perceptions of culturally accepted gender relations, there was considerable agreement with patriarchal gender relations (including subservience of women to her husband, punishment of her by him in some situations, male ownership of women and the interpretation of beating as a sign of love), but women also indicated that the prevailing gender attitudes in their culture was much more patriarchal than their personal views, and a considerable number of women disagreed with notions they conceded to be “culturally accepted”, such as “if a man pays lobola for his wife she must have sex when he wants it”. Only 57% (Eastern Cape), 40,4% (Mpumalanga) and 40,9% (Northern Cape) of women believed that a woman can refuse to have sex with her husband. 80,1% (Eastern Cape), 91,4% (Mpumalanga) and 86,8% (Northern Cape) of women indicated that a man hitting his wife or girlfriend was never acceptable.

(q) The report also mentions that there was considerable disagreement amongst the women about the meaning attached by their culture to customs like lobola, indicating the possibility of popular discussion and examination of these traditions.

(r) Research conducted amongst pregnant Xhosa-speaking adolescents in Khayelitsha95, initially intended to focus on contraception, bodily knowledge and pregnancy, found that male violence dominated the sexual relationship of these women. Conditions and timing of sex were entirely defined by their male partners through the use of violence and through the circulation of certain constructions of love, intercourse and entitlement to which the women were expected to submit. The research report also states that violence against young women within their sexual relationship has been particularly neglected in the spheres of health and education. Some of the findings are the following:

   *    First sexual encounters were mostly reported to have occurred at
     a young age, often 12 years, with a  male  partner  about  5  years
     older.


   *    Many participants indicated that sex was  a  strategy  to  avoid
     peer ostracism,  and  the  mystifying  of  sex  and  its  mechanics
     emerged repeatedly through a lack of input by sexually  experienced
     female peers.


   *    Women were therefore initiated into the sexual matters  by  men,
     who repeatedly refused to explain what was  about  to  take  place.
     Most participants reported that they had been deceived  or  coerced
     into sex, and that attempted resistance was met  with  violence  or
     threats of violence.


   *    22 of the 24 participants reported having been beaten  by  their
     partners on multiple occasions, and  the  remaining  two  had  been
     threatened with assault. The assault occurred primarily when  women
     attempted to refuse sexual  intercourse,  which  the  women  stated
     signified,  in  men's  eyes,  that  the  women  had  other   sexual
     partners. Assault was perceived to be male  strategy  for  "getting
     you to love him".


   *    Women said that the forced  intercourse  they  experienced  with
     their partners could never be termed rape.


   *    Many women continued intercourse and did not attempt to end  the
     relationship  because  they  feared  more  violence.  Despite   the
     violence, the men demonstrated material generosity in the  form  of
     clothes, food and money. One participant said  "it  is  alright  as
     long as he doesn't beat me every day."


   *    Most participants stated that they felt unable to discuss sexual
     matters and contraception with their male partners,  and  for  some
     contraception appeared to be completely non-negotiable in  view  of
     angry responses by their male partners when the issue was raised.


   *    Out of 24 adolescent women, only two mentioned  that  they  ever
     actively wanted to have sex now, but  emphasises  that  women  were
     not allowed to demonstrate  desire  or  initiate  sex.  Many  women
     stated a desire to be in a  non-sexual  relationship  characterised
     by co-operation until they were older.

(s) CERSA also reported on research conducted among young people in Umtata96. Some of their key findings were the following:-

   *    Many participants reported physical assault and rape or coercive
     sex. Out of the thirty 16-26 year olds who participated, 16 out  of
     22 girls reported assault by at least one male partner, and  6  out
     of 8 boys admitted to having beaten their girlfriends on more  than
     one occasion.


   *    Violence was used by boys as a way of imposing the  rules  of  a
     relationship  and   was   particularly   associated   with   girls'
     rejections of "proposals of love", attempts to  end  relationships,
     refusals  of  sex  and  their  actual  or   suspected   infidelity.
     Relationships  were  characterised  by  extreme  suspicion   around
     partners' activities with others, and it appeared to  be  a  common
     assumption that a refusal to have sex implied  that  the  girl  had
     another sexual partner.


   *    Physical violence was a way of life for not only the  teenagers,
     but in all community relationships.


   *    The gender identities of  the  participants  were  substantially
     constructed in terms of their success in sexual relationships,  and
     pursuits  of  gaining  and  keeping  boy-  and   girlfriends   were
     overwhelming preoccupations for these young people.


   *    Neither teachers nor parents made any  effort  to  promote  safe
     dating  or  to  interfere  in  the   violent   activities.   Sexual
     relationships  between  girls  and  male  teachers  were   commonly
     reported, and often involved coercion  and  even  violence  on  the
     part of the teachers.   (t) A research report amongst male municipal workers in Cape  Town  aimed
   at establishing the prevalence of abuse as reported by men,  as  well
   as risk factors associated with woman abuse.  Some  of  the  findings
   were the following:-


   *    44% of men reported  having  physically  or  sexually  abused  a
     partner within the last 10 years - 8% reported  physically  abusing
     a partner in the last year.


   *    One third of the  44%  said  they  had  raped  (more  often)  or
     attempted to rape their partner.


   *    Men who reported physical and sexual abuse was five  times  more
     likely to use psychological abuse, four times more  likely  to  use
     verbal abuse and twice as likely to use economic abuse.


   *    75% of the abusers said it was "OK" to hit a woman, and  another
     25%  of  those  who  didn't  report   abuse   also   agreed.    The
     circumstances given by the men when it is "OK" to hit a woman  were
     "when she neglects her responsibilities", "when there are no  clean
     clothes", "when she come home late", "when she  don't  listen"  and
     "when she is cheeky".


   *    The sample consisted of 64,7% Coloured men, 25.2% African,  8,6%
     white and 1,5% Asian men.  From  this  sample,  abusers  were  more
     likely to be young and Coloured men, likely to have been  in  jail,
     to have been arrested, to have  belonged  to  a  gang;  non-abusers
     were likely to have had education beyond standard 8 and  likely  to
     be active in religion.


   *    Abusers acknowledged that their use of alcohol and marijuana was
     a problem.


   *    Witnessing abuse of their mothers by their fathers  as  a  child
     was associated with being an abuser.  34,2%  of  men  who  reported
     abuse reported witnessing their mothers' abuse by their  father  or
     a boyfriend, while only 15,9% of  men  who  did  not  report  abuse
     witnessed such behaviour. 38,5% of  men  who  reported  abuse  also
     reported witnessing their  sisters'  abuse  by  her  husband  or  a
     boyfriend, while 21,2% of men who did not  report  abuse  witnessed
     such behaviour. An average of 86,1% of the entire  sample  reported
     receiving physical punishment as a child - men related  stories  of
     severe discipline and bizarre punishment  in  which  their  fathers
     had a central role.


   *    The report mentions that, during their interviews, many  of  the
     men became emotional when talking about  their  childhood  and  the
     abuse of their mothers, and  many  said  they  had  never  had  the
     opportunity to talk about it before.


   *    It is apparent from the study that men's attitudes towards women
     and their perceived roles influenced the reasons for conflict  with
     partners in abusive relationships.  In  relationships  where  there
     was less expectation that a woman should obey her partner, less  of
     belief in male sexual entitlement, less fear  of  infidelity,  much
     less conflict was experienced. Men reported "she sits on his  head"
     or "she answered him back" or "talking to  other  men"  as  reasons
     for conflict.


   *    Many men reported being frustrated at work where  they  have  to
     "accept the shit of the bosses". One explained his  frustration  of
     not being able to provide adequately for his family as "it  is  one
     of the things to be a man".


   *    Most of the men did  not  think  shouting  and  swearing  at  or
     humiliating a woman was a form of violence.

(u) The Centre for Rural Legal Studies furnished the Committee with a research report on the plight of women farm workers in the Western Cape. The report recounts attitudes of violence and abuse among male farmworkers, reinforced by extreme financial dependence of women:

   *    67% of all employers stated that  domestic  violence  occurs  on
     their farms.


   *    50,9% of employers agreed  that  they  tacitly  include  a  male
     worker's female partner in his employment agreement, while  60%  of
     employers insist that a male worker's partner must be available  to
     work on the farm.


   *    52,4% of women report that the house is  linked  to  their  male
     partner's contract. 48,6% of employers stated that, should  a  male
     worker leave or die, his female partner would  have  to  leave  the
     farm.


   *    Only 21,1% of women stated that they had access  to  legal  aid,
     and more than half of women said  it  was  extremely  difficult  to
     access these services during working hours.

(v) The 1998 South Africa Demographic and Health Survey97 reported statistics on violence against women that were significantly lower than those reported by other studies:-

   *    13% of women reported having been beaten by a partners, of which
     half reported abuse in the last year.
   *    43% of those who  reported  abuse  in  the  last  year  reported
     needing medical attention as a result of such beatings.


   *    Only 4% of women who had ever been  pregnant  reported  physical
     abuse during pregnancy.


   *    Only 4% of all women reported ever having been raped.

(w) The Survey mentions that the under-reporting of gender violence is well-recognised and should be taken into account in interpreting its results, especially in view of other research by the MRC:

     "The usual  explanations  for  under-reporting  are  concern  about
     recrimination, fear of identifying oneself as an abused  woman  due
     to a socialisation that encourages women to accept chastisement  as
     a male prerogative, feelings of shame about the assault and  having
     provoked it, perceptions that it is a private  matter  and  loyalty
     to the abuser."

(x) The Survey also records that one in five currently married women reported economic maltreatment, indicated by the regular non- provision of money for food, rent or bills whilst having money for other things.

1. PUBLIC AWARENESS AND EDUCATION

(a) It emerged strongly from the hearings that rape, sexual assault and domestic violence are more prevalent in South African society than ever recognised98, and that fear and expectation of violence is a way of life for many South African women.

     "It's always present. You never know when it is coming.  There  are
     times when you do and you have to just wait until he gets home  and
     just does it. Then it is over and you are relieved. The waiting  is
     the worst part."99
     "We know the cycle well. No one has to explain it to  us.  You  see
     his mood rising ... he  is  anxious  or  angry  or  drunk  or  just
     showing his manliness to his friends ... it can  be  anything.  You
     are never prepared for it and you are always prepared for  it.  You
     never believe it when it happens even if it  happens  everyday.  He
     says he is sorry and will not do it again and you feel relief,  but
     you know the calm before another storm."100

(b) The hearings also shattered the common myth that the rapist is a stranger who lurks in dark alleys. Research reports presented to the committee clearly showed that most violence against women is perpetrated by a person with whom the victim or survivor is acquainted in some or other way. Especially younger victims are much more likely to know their attackers, with 57,4% of offenders known to victims between ages 1 to 12, and 53,8% if victims between ages 13 to 19.101

(c) Submissions repeatedly mentioned our history of oppression and disregard for human rights as the context in which violence against women flourished, and emphasised the importance of addressing violence against women by placing it both within a historical and political perspective and to recognise the influence of apartheid in the present mindset of individuals, communities and society as a whole. There is a need to acknowledge the pain of the past and the influence this has on the entire nation. The fragmentation existing within communities is indicative of the fragmentation of identity of individuals; violence against women is just one of the effects of such fragmentation.

     "We believe that one of the reasons why we are not seeing a  change
     in attitude of the judiciary or why rape and domestic  violence  is
     almost condoned at community level, is because we have not  created
     adequate   space   in   the   transformation   process   for    the
     acknowledgment of our past traumas  and  a  lack  of  adequate  and
     appropriate mechanisms for healing  the  pain  which  every  single
     citizen in this country has been subjected to."102


   It was also argued that the division of the people of  this  country
   according to race contributed to the prevalence of  violence  against
   women: notions of racial superiority and  separation  led  to  forced
   removals,  states  of  emergency  and  the  artificial  creation   of
   "homelands", thereby breaking up traditional family structures.103

(d) In her submission104 to the Committee, Lisa Vetten explored the following factors contributing to violence against women in South Africa:-

   *    Imbedded patriarchy:


     *  Vetten  describes  this  ideology  of  granting  men  power  and
       privilege over women as the one factor unifying  South  Africa's
       various  cultural  and  ethnic   groups.   Culturally   imbedded
       patriarchal gender identities of  women  as  receptive,  caring,
       emotional, passive and submissive  and  men  as  self-assertive,
       competitive,  rational  and  aggressive  have  resulted  in  the
       treatment of women of all colours as second class citizens,  and
       women's confinement to the private sphere of the home while  men
       are engaged in the public sphere of work, community affairs  and
       politics.


     *   These  patriarchally  determined  gender  identities  manifests
       itself in contemporary  understandings  of  lobola.  Since  cash
       payments can now be made to the family, some men regard marriage
       as a financial transaction of "buying" a wife.


     *  Patriarchy has severe economic consequences for women,  who  are
       much more likely to be unemployed  and  without  access  to  any
       income of  their  own,  while  men  control  the  allocation  of
       household finances and even hamper women's efforts to obtain and
       keep employment, leaving women  totally  financially  dependent.
       Women's financial dependence on  men  was  repeatedly  cited  in
       submissions as the main reason for women's inability  to  remove
       herself and her children from a violent domestic situation.


     *  Submissions also  mentioned  deepening  levels  of  poverty  and
       inequality in post-apartheid South Africa,  which  most  closely
       affects women as the major component of the unemployed in  South
       Africa. Masimanyane said in their submission  to  the  Committee
       that economic  deprivation  and  other  political  factors  have
       destroyed people's identities and eroded their  self-esteem  and
       self-worth.105 Poverty also directly affects women's  access  to
       health care, the police and the criminal justice system.
     *  CERSA also reported deep-rooted  patriarchy  and  a  concomitant
       lack of respect for women, who are often seen as the property of
       their husbands or fathers or communities, as  a  factor  in  the
       scourge of violence against women. Authors have also argued that
       violent practices are deployed by men against women in  attempts
       to maintain particular self-images and social evaluation in  the
       face of real or imagined threats, i.e. to prove  that  they  are
       "real  men"  and  their  women  are  under  their  control.   In
       particular situations, the use of certain forms of  violence  by
       men to  control  and  punish  women  is  perceived  as  socially
       acceptable to both men and women of all ages.106


     *   Gendered  constructions  of  male  and  female  sexuality  have
       created the idea that men should be sexually  active  and  women
       passive and without sexual desire,  which  cultural  prohibition
       implies to some men that women need to be forced to have sex  in
       a context where it is not acceptable for women to  indicate  her
       consent.  It  is  this  cultural  belief,  which  leads  to  the
       dangerous practice of dry sex, where women go to  great  lengths
       to avoid the  natural  vaginal  lubrication  of  sexual  arousal
       (believed to be a sign of promiscuity),  a  practice  that  pose
       serious   risks   for   women's   health   by   increasing   her
       susceptibility to STD's and HIV/AIDS.


     *  Research has shown  a  vast  discrepancy  in  attitudes  to  the
       fidelity required from men and women: where it is acceptable for
       a man to have many sexual partners, a woman is  required  to  be
       faithful  to  one  partner.  This  practice  obviously  as  dire
       consequences for women's health.


   *    The intersection of race and gender oppression:


     *  Examples of the double  burden  of  oppression  borne  by  black
       women are slavery and indentured  servitude.  Women  slaves  and
       their bodies were considered the property of their  owners,  and
       in 180 years of slavery in the Cape not one man was convicted of
       raping a woman slave.


     *  The discriminatory construction of sexuality for men  and  women
       has been compounded on a racial level  in  South  Africa,  where
       black women's bodies have been violated throughout its  history.
       Where perpetrator of violence against a black woman was a  white
       man, his acts were often ignored, while black men who  assaulted
       or raped white women were often given the death penalty.107


   *    Militarisation:


     *  The apartheid era militarisation of South Africa and the use  of
       violent  repression  together   with   anti-apartheid   movement
       decisions about education and armed reaction  have  resulted  in
       entire generations of "lost" and violent young men and a general
       culture of violence - where violence is  seen  as  a  legitimate
       means of conflict resolution.


     *  In  addition,  a  culture  was  cultivated  in  which  qualities
       regarded as "feminine" is treated with  contempt  as  "weakness"
       and a tough, aggressive, brutal and competitive  masculinity  is
       promoted. This culture, combined with the general  psychological
       consequences of violence and war, has had a  destructive  effect
       on the lives of many South African men.


     *   Professor  Jacklyn  Cock108  similarly  blamed  the  legacy  of
       militarisation, which involves "a proliferation of weaponry  and
       ideas which  link  violence  to  masculinity.  This  militarised
       masculinity puts women  and  children  at  risk.  This  risk  is
       amplified in situations of poverty, unemployment and  inequality
       were the human needs for identity  and  security  are  not  met.
       These two factors combine to make women and children  the  shock
       absorbers of violence and frustration."109


   *    Changes in the social order


     *  Research has shown that an increase in violence  against  women,
       and especially sexual violence,  often  occurs  in  response  to
       changes in the social order. Very obvious examples hereof can be
       found in the Ma Rashea gans formed  by  Basotho  men  after  the
       Second World War to "control" and punish women who were becoming
       increasingly independent, as a result of, inter alia,  migration
       by men to South Africa in search of work, and in  "jackrolling",
       a practice prevalent in the late 1980s whereby young men too old
       to return to school and unable to find jobs abducted  and  raped
       schoolgirls in the hope of impregnating them  and  ending  their
       education.


     *  Violence against women is often  also  intended  to  communicate
       messages of victory over other men, which  manifests  itself  in
       the phenomenon of raping women in the presence of men  perceived
       to be the rapists' enemies.


     *  Rape is also used  as  a  means  of  punishing  sexually  active
       women, and girls suspected of or known to  have  other  partners
       are sometimes gang-raped by their male  partner's  acquaintances
       as a form of punishment.110


   *    Legitimising violence  against  women:  Vetten  points  out  the
     difficulties created by African traditional and customary law,  and
     mentions, by way of example, the following  customs  oppressive  to
     women:


     *   the  levirate:  the  continuation  of  the  deceased  husband's
       marriage through a brother or other male relative;


     *  the sororate: requiring the  younger  sister  of  an  apparently
       barren wife to take  her  place  and  produce  children  on  her
       behalf;


     *  polygamy: taking more than one wife;


     *  child betrothal and forced marriages;


     *  inheritance laws, by which the family's property and  wealth  is
       passed down from father to son, which may leave women  destitute
       on the death of their husbands;


     *  women's minor status;


     *  lobola (or bohali or  bogadi):  the  practice  of  consolidating
       marriage through the exchange of women and cattle (or  cash)  by
       the father of the bride and the prospective husband.

(e) Nisaa made the submission that government inaction is a factor, which contributes to the high level of gender violence in societies. Despite the legal system’s role as an institution for censure of socially unacceptable acts, it often appears to tolerate acts of violence against women, particularly so when the violence occurs in the home. The failure of the legal system to prosecute alleged rapists and batterers and to secure convictions with hefty sentences sends a powerful message to men that their violence is acceptable, and women internalise the message that their lives and safety are not worthy of protection. The law also does not name violence against women, and it has been left to the women’s movement to coin terms such as “domestic violence”, “sexual harassment”, “date rape”, “femicide”, “forced prostitution”, “sex-selective abortions” and “genital mutilation”. Many abuses women suffer have remained invisible in mainstream legal culture.

(f) Submissions also complained that, despite its wide-ranging powers to educate the public, the media was irresponsible in its reporting of violence against women, perpetuating stereotypes and relying on sensationalism. The Commission on Gender Equality (CGE) made the following submissions in this regard to the Committee:

   *     Reporting  on  rape  is  characterised  by  sensationalism   in
     reporting on extreme and sadistic violence; stereotypes  about  the
     myth of rape by a deranged stranger (while in  reality  the  rapist
     is  much  more  likely  to  be  the  man  next  door)111,  and  the
     "blameworthiness" of sexually experienced  victims;  media  reports
     differ substantially  when  the  accused  exhibits  other  criminal
     behaviour (like being a gang  member)  than  when  the  accused  is
     businessman or a sport celebrity (such as in the  case  of  Makhaya
     Ntini); CGE is concerned that the recent  voluntary  disclosure  of
     the identities of rape victims may lead to  the  violation  of  the
     survivor's right to privacy where she does not choose to do so.


   *    The reporting of femicide is  often  done  in  a  manner,  which
     obscures the nature of the crime, such as "Woman  dies  after  row"
     or "Policeman among 3 killed as lovers' tiff ends in tragedy."


   *    Domestic violence has received very little  attention  from  the
     media, and tends only to do so in the  cases  of  celebrities.  The
     nuclear family is often depicted as  the  norm  in  South  Africa's
     media, despite the reality  that  more  South  Africans  belong  to
     extended  family   units,   blended   households   or   female-only
     households.


   *    The  attitudes  of  radio  presenters  can  serve  to  reinforce
     prejudices, especially in a country where illiteracy levels are  so
     high and more people have access to radio than to television.


   *    The importance of regulatory bodies such as  the  IBA,  ASA  and
     Press Ombudsman was emphasised, as  well  as  the  need  for  clear
     guidelines and disciplinary procedures.

(g) The destructive potential of inaccurate media reporting was illustrated in the reporting of the Committee’s attempts to engage members of the judiciary in constructive discussions about issues relating to violence against women. Such attempts were irresponsibly and inaccurately portrayed as a “summons” by the Committee to Judge John Foxcroft, thereby creating imaginary conflict between the Committee and the judiciary.112

(h) The Commission for Gender Equality also mentioned that the media has played an important role in putting issues such as rape on the national agenda.

(i) Both government submissions and those of NGO’s reported an enormous lack of understanding of violence against women by the public. Both men and women are ignorant of women’s rights to be free of violence, especially domestic violence. For example, many men and women still do not recognise marital rape as a crime.

(j) It was also apparent from the submissions that both men and women are uninformed about sex and sexual health, and women are therefore unable to act to protect themselves, and to provide information and support to other young women.113

(k) Various submissions stressed the importance of involving men in programmes on eradicating violence against women. It was suggested that all people involved in men’s programmes should attend a national forum to discuss violence against women. Men must develop a partnership with women’s groups in addressing the problems which men and women face; it is necessary to acknowledge that men too suffer from the traumas of the past.114

(l) Although they did not participate in the hearings, the Committee Chair has addressed shopstewards in the COSATU campaign against violence against women in conjunction with their campaign against HIV/AIDS. COSATU has produced a guide for shopstewards on these issues, and is also in the process of holding training workshops for its shop stewards. The campaign encourages the shopstewards to do the following:

   *    Educate their members about violence against women;


   *    Take up sexual harassment cases on behalf of their members;


   *    Ensure that there are sexual harassment grievance procedures  in
     the terms and conditions of employment at their workplace;
   *    Develop a code of conduct on sexual harassment together with the
     employer;


   *    Talk to known abusers among their members about their abuse;


   *    Assist any woman member who is being abused and ensure that  she
     is given time off to go to  court  or  to  move  her  children  and
     belongings to a safe place;
   *    Help abused women to negotiate a transfer to a different town to
     escape the violence;


   *    Ensure that women are able to reach their transport safely after
     work;


        Invite women leaders to speak at the workplace so  that  workers
     will understand and stop violence against women;


   *    Ensure that the Employment Equity Act is implemented;


   *    Negotiate with their employer to provide childcare.

(m) The South African education system, which ought to be the main channel of promoting awareness of gendered violence among the youth, has been and remains in a state of transition. Not only is the Department of Education burdened with the task of reconstructing an education system ravaged by apartheid, but also our schools are staffed by teachers who are products of an apartheid education system themselves.

(n) CEDAW requires government to “adopt all appropriate measures, especially in the field of education, to modify the social and cultural patterns of conduct of men and women and to eliminate prejudices, customary practices and all other practices based on the idea of the inferiority or superiority of either of the sexes and on stereotyped roles for men and women.”115

(o) In its Gender Equity Task Team report (the GETT report), the Department of Education identified the following issues to be considered and addressed relating to gender-sensitive education and violence against women:-

   *    identifying means of correcting gender imbalances in  enrolment,
     dropout rates, subject choice, career paths and performance;
   *    the advantages and disadvantages single sex schools;


   *    sexism in curricula, textbooks, teaching and guidance;


   *    the poor representation of women in management positions; and


   *    sexism, sexual harassment and violence throughout the  education
     system.

(p) The GETT report also lists the following recommendations116:-

   *    That new legislation should be developed to  make  explicit  the
     legal responsibilities  of  education  authorities  to  uphold  the
     rights of students to be free from discrimination  and  harassment.
     Such  legislation  should  also  define  gendered  and  sex   based
     harassment  and  should  be  made  unlawful  in  all  contexts   in
     educational settings.


   *    That the National Department  of  Education  should  develop  an
     interim policy on sex and gender based harassment and violence.


   *    That the National  Department  of  Education  should  develop  a
     training package for educational managers on  their  responsibility
     to prevent discrimination, violence  and  harassment,  as  well  as
     curriculum packages which incorporate  learning  about  gender  and
     violence at all levels of education.   (q) The Department of Education participated  in  the  hearings  and  the
   Minister of Education delivered an oral submission to  the  Committee
   regarding the  Minister  and  the  Department's  efforts  to  address
   violence against women.

(r) The Department of Education’s 1997 report on Gender Equity in Education dealt with sex based violence in schools, and states inter alia that “the sheer dimension of sex or gender based violence and harassment in education in SA subverts the right of women and girls, and many boys, to participate in education on the same basis as most men and boys.”

(s) The Director-General of Education reported to the Committee that, in their attempts to include sex and gender education in the curriculum, they had initially experienced some resistance from sections of the communities who did not want to expose small children to issues of sexuality. This problem had abated somewhat, and it was hoped that the issue could be more appropriately addressed under the auspices of Curriculum 2005.

(t) The Minister of Education reported to the Committee that a Gender Equity Directorate had been established in April 1999, which liases with Gender Focal Persons in Provincial Departments through the National Gender Coordination Committee. An Interim Gender Coordinating Committee from the four branches of the Department had also been established.

(u) The Department of Education was also preparing gender-training programmes for all officials, both national and provincial, as well as a Mainstreaming Handbook for use by gender officers.

(v) A school-based project on sex-based & gender-based violence & harassment (McGill University in Canada) was being developed, and a successful and well-attended seminar on sexual harassment in schools was held in May 1999.

(w) The Committee would like to receive a formal response from the Department of Education on the following issues117:-

   *    the Department's efforts to ensure that gender  issues  are  not
     isolated to the Gender Equity Unit;


   *    what programmes the Department is planning to raise awareness in
     both educational institutions  and  the  general  public  to  raise
     awareness of sexism and violence against women, and  in  particular
     the pre-service  and  in-service  training  of  teachers  regarding
     these issues;


   *    the provision  of  extended  day  care  facilities  for  younger
     children and the infants born to school girls;


   *    the Department's investigation into the desirability  of  single
     sex government schools and  the  possibility  of  teaching  certain
     subjects separately to boys and girls;


   *    the development of gender sensitive textbooks and  curricula,118
     as well as the development of comprehensive age-sensitive  sex  and
     sexual health education;


   *    the Department's efforts to improve  the  education  and  Matric
     pass rates and to decrease the dropout rate  of  girls,  especially
     rural African and coloured girls.

1. THE BUDGET AND ALLOCATION OF RESOURCES

(a) CEDAW stipulates that government should include in its budgets adequate resources for its activities relating to the elimination of violence against women.119

(b) At a cabinet meeting in 1996, the Department of Finance committed itself to considering the reallocation of military expenditure to support women’s economic advancement. In 1992/1993, the Department reduced expenditure on Defence from 9,1 % of total government spending to 5,7% in 1997/1998. Spending on social services increased from 43,8% in 1992/1993 to 46,9% in 1997/1998.120

(c) In its Second Annual Report (January 1998 - March 1999), the Committee recorded its formal questions to the Minister of Finance on, inter alia, progress on the Ministry’s 1996 Cabinet commitment to reduce military expenditure and to utilise the savings towards women’s empowerment. The report further records that, in a briefing on 16 March 1998, the Minister indicated that military spending had decreased from 4,5% of GDP in 1993-1994 to 1,5% in 1999-2000, and that the main beneficiaries of this decrease had been the Departments of Health, Education and Welfare.121 (d) Yet in the 1999 Medium Term Budget Policy Statement, the average annual growth in present and projected proportional expenditure for Defence and Intelligence was 14,9%, more than double the figure for any of the other services, including Education, Health and Welfare. “Strong growth in protection services over the medium term largely reflects additional defence spending of R2,8 billion in 2000/01 and R3,8 billion in 2001/02 on the strategic procurement package.”

(e) The Department of Finance was invited by the Committee to present a submission at the hearings. Although Deputy Minister attended the hearings, he advised the Committee that the Department had not been able to prepare a submission to the Committee. To date, the Committee also has not received a response to questions posed to Deputy Minister at the hearings.

(f) The Committee requires an urgent response from the Department of Finance on, amongst others:-

   *    the Department's efforts to redress the  unemployment  of  women
     formerly employed in the clothing and textile industries caused  by
     the liberalisation  of  trade  policy  as  a  means  of  increasing
     international competitiveness in the manufacturing sector   (g) Various projects in the NCPS Victim Empowerment Programme (VEP)  were
   intended to focus on issues relating to violence  against  women  and
   children. As will appear below,  very  few  of  these  projects  have
   sustainable funding, and many of the projects were only  intended  to
   operate for one year:-


   *    "Multi-disciplinary Management  of  Child  Abuse  and  Neglect":
     Donor funding  of  R2  million  paid  for  the  1998/1999  year  of
     operation; for the 1999-2001 years, "alternate sources of  funding"
     would be sought during 1998.122
   *    Primary Health Care Model to Reduce the Risk  of  Inter-personal
     Violence": This was only intended to be a one-year project,  to  be
     implemented during 1998/1999, with  funding  of  R400  000  sourced
     from the VEP.123


   *    Violence Referral Centres" -  a  pilot  programme  to  establish
     "Violence Referral Management centres in four provinces,  receiving
     referrals from frontline staff": This project  was  similarly  only
     intended to  be  a  one-year  project,  to  be  implemented  during
     1998/1999 at a cost of R510 000, funded by the VEP.124


   *    Outreach Centres to Counter-act Domestic Violence" - a programme
     designed to give support for the establishment of outreach  centres
     in provinces to expand services to victims  of  domestic  violence:
     Donor funding of R1,2 million paid for the implementation  of  this
     project in Mpumalanga and the Eastern Cape,  whilst  the  VEP  paid
     R1,2 million for its implementation in North-West Province and  the
     Free State. The VEP would pay R3 million for its implementation  in
     the remaining five  provinces  in  2000/2001.  "Alternate  funding"
     would be sought during 1998 for the continued  operation  of  these
     programmes.125


   *    65 000 was budgeted from the VEP for "Access to Legal Provisions
     to Counter-act Domestic Violence in Rural Communities",  a  project
     only intended to be operational during 1998/1999.126


   *    Violence Prevention in Schools", a project  implemented  by  the
     Department of  Health  (in  conjunction  with  the  US  Centre  for
     Disease Control) for the 1998/1999 year  at  a  cost  of  R65  000,
     funded by the VEP.127


   *    National Policy Guidelines on Victims of Sexual  Offences"  -  a
     project encompassing nine provincial  workshops  to  train  service
     providers on the basis of the national policy guidelines on  sexual
     offences: this project was funded by the VEP at a cost of R150  000
     during 1998/1999.128


   *    Victim Empowerment in Schools - Life  Skills  Curriculum":  this
     project was funded by the VEP at a cost of R150 000,  and  intended
     to be a one-year project during 1998/1999.129
   *    the VEP paid  for  a  training  course  for  the  SAPS  entitled
     "Victims of Violence: Domestic Violence and  Sexual  Offences  Case
     Handling Training" at a cost of R100  000  for  1998/1999;  funding
     for 1999/2000 and 2000/2001 "to be secured in order  to  extend  to
     these two years".130


   *    an information  and  public  awareness  project  hosted  by  the
     Department of Welfare, funded until 2001 by the VEP.131

(h) In its Second Annual Report (January 1998 - March 1999), the Committee reported that no specific budgetary allocations had been made for violence against women, unlike other crimes declared priority crimes in terms of the NCPS, such as hijacking. Similarly, departments such as Safety and Security did not have specific, separate budgetary allocations for violence against women.

(i) The exclusion of victims of domestic violence from the Fund for Victims of Violent Crime Bill132.

(j) The Commission for Gender Equality also raised the issue of involving the private sector in programmes addressing violence against women. An example of such involvement, which is accessible and effective, the private sector could assist in establishing shelters and safe houses for victims of violence.

(k) Various submissions133 to the Committee mentioned that the cost of violence against women in South Africa, and especially domestic violence, has never been calculated due to ineffective documentation of these incidents by the health and criminal justice sectors. Yet even with loose indicators of the frequency and extent of violence against women, it is apparent that it has a staggering economic impact on our health, welfare, policing and justice resources. A 1994 study undertaken by the Health Maintenance Organisation found that women who have been raped or beaten had medical costs two and a half times higher than those who were not victimised.

(l) By way of example, CERSA reported that the number of treatment episodes in one year as a result of abuse by partner or ex-partner was 121 000 in the Eastern Cape, 74 294 in Mpumalanga and 93 868 in the Northern Province.134

(m) These costs are both public and private, paid for by women and their families (medical care, accommodation, travel, direct income, child care, serious injury, loss of property and non-monetary costs). Health costs carried by the state include doctors, nurses, emergency wards, clinics, mental health services, justice costs include police, courts and correctional services; in the social services sector, welfare, housing and child care. Employers also pay for violence against women in the form of high absenteeism and lower productivity.

(n) Calculating the real economic costs may be hampered by the fact that violence against women is under-reported, prenatal damage caused by the abuse of pregnant women if difficult to quantify, long-term consequences such as intergenerational transfers of violence behaviour cannot be accurately estimated and private costs to women cannot be captured.135

1. NTER-MINISTERIAL CO-OPERATION AND CO-OPERATIVE GOVERNANCE

(a) The National Crime Prevention Strategy (NCPS), adopted by the Cabinet in May 1996, is the government’s flagship inter-departmental programme in its efforts to combat crime. One of the NCPS programme which affects issues of violence against women is the Victim Empowerment Programme, hosted by the core NCPS departments, namely Justice, Welfare, the SAPS, Safety & Security and Correctional Services, but also involves the departments of Health and Education, and provincial departments.136

(b) R1,5 million of the OSW’s funding of R2,5 million for 1998/1999 was donor funding, which terminated in August 1999. The budget for 1999/2000 only covers salaries and administration.137

(c) During 1999, the OSW advised the Committee that it was developing a green paper on a national gender policy to be passed by Cabinet in 1998. This policy document was not finalised by the OSW during 1998. On 15 March 1999, Deputy Minister Essop Pahad and the director of the OSW, Dr Ellen Kornegay, advised the Committee that a draft national gender document had been completed and was undergoing internal review, to be realised as a green paper.

(d) On 15 March 1999, the OSW also advised the Committee that it was conducting a gender audit on internal transformation and external service delivery of all government departments and all the provinces, with a view to developing a national action plan.

(e) The Committee requires a response from the Department of Health regarding the procedures in place to ensure that under-resourced provinces and local governments receive more money for the implementation of both primary health care, as well as free health care for pregnant women and children under the age of six, than stronger resourced provinces and local governments.138

(f) Although the Department of Foreign Affairs were not requested by the Committee to participate in the November 1999 hearings, the Committee would like to know whether and when a gender desk will be established in the Department. The Committee also requires information regarding the Department’s efforts to set up international links relating to international trafficking in women and prostitution.

(g) In view of various submissions relating to women’s difficulties in escaping situations of especially domestic violence due to no access to alternative housing, the Committee also requires a response from the Departments of Housing and Agriculture and Land Affairs (both of whom were also not requested to participate in the hearings) on their efforts to ensure that women are not discriminated against in the granting of housing subsidies, access to rural housing and rural land allocation. The Committee is particularly interested in the progress and achievements of the Women for Housing Group in the Department of Housing with reference to their April 1998 draft document entitled “Guiding Principles and Practices Relating to Women’s Housing Issues”.139

1. CO-OPERATION BETWEEN GOVERNMENT AND CIVIL SOCIETY

(a) CEDAW requires government to recognise the importance of NGO’s, to facilitate and enhance their work and to co-operate with them on all levels.140

(b) Numerous submissions mentioned the importance of an inter-sectoral approach, involving both government and civil society, in addressing violence against women.

(c) It appears that the National Network on Violence Against Women has been most successful in bringing together government and civil society on issues relating to violence against women. The Department of Welfare has formed a partnership with the National Network on Violence Against Women since inception of the Network, and the Network has received financial and administrative support from the Department.141 The Department of Health also participates in the National Network on Violence Against Women.142

(d) The Committee was also told of the involvement of organisations like People Opposed to Women Abuse in programmes of the Department of Correctional Services.

(e) At the same time, many of the NGO’s mentioned their prime difficulty of lack of funding, and that most of their time was spent on fund- raising instead of addressing their substantive goals.

1. THE NEED FOR A STATISTICAL DATABASE

(a) CEDAW stipulates that the state should “promote research, collect data and compile statistics, especially concerning domestic violence, relating to the prevalence of different forms of violence against women and encourage research on the causes, nature, seriousness and consequences of violence against women and on the effectiveness of measures implemented to prevent and redress violence against women; those statistics and findings of the research will be made public”143

(b) In South Africa, there has been a notable lack of community-based data and reliable statistics on violence against women and children, its prevalence and epidemiological studies of risk factors. Most of the research undertaken on violence against women in South Africa has been relatively small scale, localised or has focused on particular sub-groups, e.g. health service users.144

(c) By way of example, Masimanyane reported that their research on the prosecution of sexual offences cases were made extremely difficult through the absence of any recordal system whatsoever by court officials, and police dockets and court files which were incomplete. Nisaa also reported that there is no official methodology which records how many women phone police stations when they are in a crisis or when their lives are endangered. When women report abuse, domestic violence is recorded as common assault or assault with the intent to do grievous bodily harm. This difficulty creates a further obstacle in cases of femicide, where a long history of abuse is commonly found.

(d) Nisaa further reported that the disaggregation of data and the devising of protocols around domestic violence may yield better data collection, and that the Department of Safety and Security is best positioned to do this.

(e) In its 1998 White Paper, the Department of Safety and Security stated that it aims to improve the reliability of crime statistics in general145. The Committee will request the Department to furnish it with a progress report in this regard.

1. RECOMMENDATIONS AND QUERIES TO GOVERNMENT DEPARTMENTS

(a) Criminal justice

   The Committee recommends:


   *    that the availability of and access to legal aid  to  women  who
     are victims of violence be given urgent consideration by the  Legal
     Aid Board and the Department of Justice;146


   *    that urgent attention  be  given  to  the  appointment  of  more
     prosecutors, intermediaries, interpreters and  magistrates147,  and
     that  the  Department  of  Justice  allocate  resources  for   this
     purpose;


   *    that the training of  magistrates  and  prosecutors  in  gender-
     sensitivity, issues relating to gender violence  and  dealing  with
     traumatised witnesses, especially children, be given priority;148


   *    that clerks of the court, who will be the  point  of  entry  for
     complainants in terms of the new Domestic Violence  Act,  be  given
     mandatory training  in  gender  sensitivity  and  the  effects  and
     nature of domestic violence;149


   *    that consideration be given to a more  accessible  court  system
     for women in rural areas;150


   *    that the establishment of more Sexual Offence and Family  Courts
     receive priority;


   *    that rape and sexual offence cases and cases of  crimes  against
     children be dealt with on a separate and continuous  roll  by  both
     the High Court and Magistrate's Courts;151


   *    that attention be given by the Judicial  Service  Commission  to
     sensitivity to gender issues  in  the  appointment  of  High  Court
     judges152, and that judges receive training  in  the  international
     law requirements of CEDAW  and  other  international  human  rights
     instruments153, the nature and effect of  violence  against  women,
     dealing  with  traumatised  victims  and  gender   sensitivity   in
     general154; and


   *    that gun control laws be enforced more strictly.155

(b) Law enforcement

   The Committee recommends:


   *    that the Department of Safety and Security allocate resources to
     engage the services of experienced trainers  from  reputable  NGO's
     to train members of the police in:


   *    the devastating effect  of  violence  against  women,  including
     domestic violence, which is often treated  by  police  officers  as
     "unimportant";


   *    sensitive treatment of traumatised  survivors  of  rape,  sexual
     assault and violence against women in general;156


   *    the various legal remedies available to survivors  of  violence.
     It  appeared  from  various  submissions  that  complainants  often
     relied on the police for advice on her choice of  remedy.  In  some
     cases, it was reported that  police  try  to  dissuade  women  from
     laying  charges  against   perpetrators   by   stressing   negative
     consequences for  women  if  they  insist  on  the  arrest  of  the
     offender.157


   *    accurate and adequate forensic investigations for the purpose of
     criminal prosecution.158


   *    that more female police officers be  made  available  to  assist
     survivors of violence159;


   *    that the Department of Safety and Security allocate resources to
     establish a proper surveillance and data  collection  system  which
     would make it possible, inter alia, to identify specific  locations
     where attacks on women regularly occur and to identify reasons  for
     the non-prosecution of violence against women;160


   *    that more police stations be established and equipped, including
     satellite police stations,  especially  in  the  rural  and  poorer
     areas;161


   *     that  urgent  attention  be  given  to  more   visible   street
     policing162 and street lighting.163

(c) Welfare services and shelters

   The Committee recommends:


   *    that the Department of Welfare embarks on extensive training  of
     its officials to equip them to  deal  with  survivors  of  violence
     against women164;


   *    that both government and civil society give urgent attention  to
     the establishment of shelters for abused  women.  This  is  also  a
     project in which  the  private  sector  can  make  a  specific  and
     greatly needed  contribution  towards  assisting  women  to  remove
     themselves and their children from situations of violence.165

(d) Health care

   The Committee recommends:


   *    the incorporation  of  treatment  of  the  survivors  of  sexual
     violence and other violence against women  in  the  curriculum  for
     the training of doctors, nurses  and  other  health  workers.  Such
     treatment must also incorporate  an  understanding  of  the  trauma
     experienced by the survivor;166


   *    that urgent attention be given to the availability of  treatment
     of rape survivors of STD's and other health  risks,  and  that  the
     Department of Health prioritises establishing the effectiveness  of
     anti-retroviral drugs like AZT for rape survivors;


   *    that urgent attention be given to women's access to health care,
     especially rural women;


   *    that priority be given to the expansion of the existing  project
     for the training of forensic nurses;  and


   *    that the removal of question 11(e) from Form J88 be considered.

(e) Incarceration of offenders The Committee recommends that:-

   *     the  Department  investigates  the  implementation  of  weekend
     incarceration, especially of perpetrators of domestic violence;167


   *    a fund be created to which victims or  relatives  can  apply  to
     fund expenses related to attending parole hearings;168


   *    a fund be created to assist  prisoners  who  become  victims  of
     violence.169

(f) Public awareness and education

   The Committee recommends:


   *    an extensive public awareness campaign in all languages  through
     the use of electronic and print media about the right of  women  to
     be free of violence. Such campaign  must  address  both  women  and
     men, and must also target rural areas in an accessible way.  It  is
     also imperative that community organisations, especially  religious
     organisations, are involved in the campaign on  an  on-going  basis
     and  that  influential   people   in   the   community   (including
     politicians,  religious  leaders,  business   leaders   and   youth
     organisations)  on  national,  provincial  and  local  level,  make
     public statements in support of the campaign170;


   *    that  the  Department  of  Justice  drives  a  public  education
     campaign focussing on legal remedies available  to  women  who  are
     victims of violence,  and  in  particular  the  provisions  of  the
     Domestic Violence Act;171
   *    proper education on sex, sexual health, the  crime  of  violence
     against  women  and  alternative  conflict  resolution   mechanisms
     (other than violence) -


   *    as part of the school curriculum, taught at  an  age-appropriate
     level from an early age.  Such programmes must also  focus  on  the
     development of self-reliance and self-esteem  for  both  girls  and
     boys.172  Attention also need to be given  to  teacher-training  to
     ensure that teachers feel qualified to deliver such education173;


   *    for parents  by  way  of  national  workshops  and  seminars  on
     parenting skills174; and


   *     for  men  through  employee's  organisations   and   unions.175
     Changing men's  perceptions  should  receive  high  priority  as  a
     mainstream issue, and provision should be  made  for  both  primary
     prevention as well as secondary  prevention,  such  as  counselling
     programmes for abusers;176  and
   *    in communities by representatives of  the  police,  welfare  and
     legal services177, utilising  the  network  of  as  many  community
     organisations  as  possible,   including   women's   organisations,
     specifically to reach  women  who  have  already  left  school  and
     unemployed men.


   *     Such  education  should  address,  inter  alia,  the  following
     questions178:


     *  What is love?  In what ways can it be demonstrated?


     *  What do young people do sexually? Why do people have sex?
     *  Do men and women have equal sexual rights?


     *  What kinds of relationship can young people have?
     *  What alternative sexual practices are there?


     *  How can men and women communicate about sexual matters?


     *  Who can say no to sex, and how? Who can ask for it?
     *  Who has or is allowed to  have  multiple  sexual  partners?  And
       why?


     *  What is sexual abuse and violence?


     *  When and why does violence occur within relationships?


     *  Is violence acceptable within relationships?


     *  How can potentially violent situations be dealt with?

(g) It appeared from numerous submissions that the lack of employment and realisable aspirations among especially young men contributed towards abuse of women through displacement of frustrations onto vulnerable partners, as well as through increased drug and alcohol use. The Committee therefore recommends that government prioritises job creation in areas where abuse is most prevalent.179

1. LIST OF WRITTEN SUBMISSIONS

A. Rape Crisis Cape Town, e-mail to the Committee dated 19 October 1999

B. Women’s Media Watch, e-mail to the Committee dated 19 October 1999

C. Family & Marriage Society of South Africa (FAMSA) (Durban), telefax to the Committee dated 20 October 1999

D. WACA Advice Centre, Ga-Rankuwa, telefax to the Committee dated 15 October 1999

E. Commission on Gender Equality, telefax to the Committee dated 19 October 1999

F. Commission on Gender Equality: Submission to the Committee dated 8 November 1999

G. Commission on Gender Equality: “Violence Against Women and the Media” Delivered at the hearings on 8 November 1999 H. Gender Monitoring and Advocacy Collective (CGE, COSATU, Child Health Unit, HRC, Khululekani Institute for Democracy, Nicro Women’s Support Centre): telefax to the Committee dated 22 October 1999

I. FAMSA (National Office): Telefax to the Committee dated 21 October 1999

J. Gender Advocacy Programme (GAP): “Barriers to Implementation of the Domestic Violence Act 116 of 1998”

K. Centre for Rural Legal Studies (Karen Kleinbooi): “Domestic violence: The plight of women farm workers”

L. Constitutional Court Judge Kate O’Regan: “Address to the [Committee] concerning a Judicial colloquium on the application of international human rights law at the domestic level held in Vienna from 27 - 29 October 1999” Delivered at the hearings on 15 November 1999 M. Naeemah Abrahams, Medical Research Council’s Centre for Epidemiological Research in South Africa (CERSA): Summary of submission Q below Delivered at the hearings on 15 November 1999

N. Rachel Jewkes et al, CERSA (Women’s Health): “Relationship dynamics and adolescent pregnancy in South Africa”

O. Gender, Law & Development Project, Institute of Criminology, University of Cape Town (Lillian Artz): “Violence Against Women in the Southern Cape: Exploring Access to Justice Within a Feminist Jurisprudence Framework” (1999)

P. Katherine Wood and Rachel Jewkes, CERSA: “Love is a dangerous thing: Micro-dynamics of violence in sexual relationships of young people in Umtata”

Q. Rachel Jewkes et al, CERSA: “He must give me money, he mustn’t beat me: Violence against women in three South African provinces”

R. Katherine Wood et al, CERSA: “Sex, violence and constructions of love among Xhosa adolescents: putting violence on the sexuality education agenda”

S. Naeemah Abrahams et al, CERSA: “I do not believe in democracy in the home: Men’s relationship with and abuse of women”

T. MRC and Department of Health: Preliminary Report on South Africa Demographic and Health Survey 1998

U. Lu-Anne Swart et al, UNISA Institute for Social and Health Sciences: “Rape surveillance through district surgeon offices in Johannesburg, 1996 - 1998: Evaluation and Prevention Implications”

V. Ministry for Welfare, Population and Development

W. UCT (Rob Turrell): “A historical overview of death sentences for rape”

X. Ministry of Education

Y. Ministry of Justice and Constitutional Development

Z. Mr. T D Rudman, DDG: Legislation, Department of Justice “The process of implementing legislation”

AA. Newspaper article by F Moya

BB. Submission by Masimanyane Women’s Support Centre, East London, delivered at the hearings on 10 November 1999 CC. Department of Correctional Services: “Trends, Safety and Security”

DD. Department of Correctional Services

EE. Department of Correctional Services: Table of Contents

FF. Marion Stevens et al: Women’s Health Project: “Sexual and reproductive rights, health policies and programming in South Africa 1994 - 1998

GG. C van Riet, Justice College: “Beijing Platform of Action Report: Justice College Training”

HH. C van Riet, Justice College: Progress Report

II. Zubeida Dangor, NISAA Institute for Women’s Development

JJ. Lisa Vetten: “Gender, Race and Power Dynamics in the Face of Social Change: An Attempt to Understand Violence Against Women in South Africa”

KK. Department of Correctional Services: Statistics

LL. Professor Jacklyn Cock, Department of Sociology, University of the Witwatersrand

MM. Information Note on Family Violence, Child Protection & Sexual Offences Units Prepared by the SAPS

NN. South African Police Services: “Family Violence, Child Protection and Sexual Offences Unit”

OO. UWC’s Community Law Centre’s Gender Project:

PP. P C Willis, Rondebosch: Written submission on DNA identification technology

1. ORAL SUBMISSIONS

(i) Asiganang Domestic Abuse Prevention and Training (ADAPT)

(ii) Western Cape Regional Magistrate’s Commission

(iii) Tswanarang Legal Advocacy Centre

(iv) National Network Violence Against Women

(v) Ilitha Labantu

1. OTHER DOCUMENTS

16.1 Convention on the Elimination of Discrimination Against Women(CEDAW)

16.2 Beijing Platform for Action

16.3 Committee’s Report on Government’s Implementation of CEDAW and the Beijing Platform for Action - November 1998

16.4 Committee’s Second Annual Report - January 1998 - March 1999

16.5 South African Law Commission: Discussion Paper 85 and Executive Summary and Draft Bill Of Discussion Paper 85 On “Sexual Offences: The Substantive Law” - 12 August 1999

16.6 Department of Welfare: National Crime Prevention Strategy Victim Empowerment Programme - May 1998

16.7 White Paper on Safety and Security “In Service of Safety” 1999 - 2004 - September 1998

16.8 White Paper on National Transport Policy - August 1996

16.9 White Paper on Social Welfare - August 1997

The Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women’s: Additions to the Report on the Violence Against Women Hearings - February 2001

The Joint Monitoring Committee on the Quality of Life and Status of Women held public hearings on Violence Against Women in November 1999. The report (of February 2000) does not include recommendations by the Committee on the issues covered below. The Committee recommends the following inclusions:

13.8 The budget and allocation of resources

       The committee recommends that:


   13.8.1          Government prioritise resources, both  financial  and
            human,  to  projects  such  as  those  in  the  NCPS  Victim
            Empowerment  Programme  especially  where  it   relates   to
            violence against women and children.


   13.8.2      Separate  budgetary  allocations  be  made  for  violence
            against women in departments such as Safety and Security.


   13.8.3     The Department of Finance ensures that the gender analysis
            of the different department's programmes be reintroduced  in
            the National Budget.

13.9 Inter-ministerial co-operation and co-operative governance

       The committee recommends that:


   13.9.1      The  Department  of  Foreign  Affairs  makes  a   written
            submission on:-


            13.9.1.1      The  development  of  a  gender  desk  in  the
                       department.


            13.9.1.2     The department's programmes and efforts,  which
                       aim  to  curtail  the  international  and  cross-
                       border trafficking of  women  and  children  from
                       South Africa and into South Africa.


            13.9.1.3     What the department's role is together with the
                       Department of Justice in considering  legislation
                       in this regard?


   13.9.2     The Departments of Housing, Agriculture and  Land  Affairs
            provide the Committee with a  report  on  the  progress  and
            achievements  of  the  Women  For  Housing  Group   in   the
            Department of Housing, efforts in ensuring  that  women  are
            not  discriminated  against  in  the  granting  of   housing
            subsidies,  access  to  rural   housing   and   rural   land
            allocation.

13.10 Co-operation between government and civil society

   13.10.1    Government departments to issue progress  reports  to  the
            Committee on their involvement with NGO's and in particular,
            what funding has been provided to the NGO sector  in  giving
            effect to CEDAW.

13.11 The need for a statistical database

   13.11.1    The Department of Safety and Security should be  asked  to
            ensure that their information on violence against  women  be
            disaggregated in a  more  effective  manner,  which  clearly
            indicates  and  records  data  on  domestic   violence   and
            femicide.

The Joint Monitoring Committee on the Improvement of the Quality of Life and Status of Women

Summary Report On Violence Against Women

JULY 2001

Introduction

The Joint Monitoring Committee on the Improvement of the Quality of Life and Status of Women (hereinafter referred to as the Committee) was permanently established in June 1998 to monitor and oversee progress with regard to the improvement of the quality of life and status of women in South Africa. The Committee’s specific brief is to monitor government’s commitments made at the United Nations Fourth World Conference on Women in Beijing in 1995 and the provisions of the United Nations Convention on the Elimination of all Forms of Discrimination against Women (CEDAW).

The South African government signed and ratified CEDAW and government departments tabled their commitments to the Beijing Platform for Action (BPFA) in February 1996. Both CEDAW and the BPFA detail a state’s obligation to introduce measures to protect the rights of women and mechanisms to eliminate gender-based violence.

The Committee’s hearings on violence against women were held from 8th to 17th November 1999. Copies off all written submissions are available from the Committee clerk. The objectives of the hearings were the following: -

• To identify what and where the blockages are which impede women who have been victims of all forms of violence, from access to justice; and
• To determine the varied ways in which such obstacles to justice can be addressed and eliminated.

This summary report will detail the following:

• An overview of the critical points raised in the submissions at the hearings, November 1999.
• To track the changes after the November 1999 hearings within various sectors dealing with aspects of violence against women.

An Overview - Violence against Women Hearings, November 1999 The detailed report discussed violence against women, with special reference to the submissions made at the hearings, under the headings:

• Criminal Justice
• Law Enforcement
• Welfare Services and Shelter
• Health Care
• Incarceration of Offenders
• Recent Research on Violence against Women
• Public Awareness and Education
• Allocation of Financial Resources and the Budget
• Inter-Ministerial Co-Operative Governance
• Co-Operation between Government and Civil Society
• The Need for a Statistical Database
• Recommendations and Queries to Government Departments

A comprehensive assessment and analysis of the above is beyond the scope of this summary report. The detailed report is attached to this summary report so that readers can use it as a cross- reference if more information is required around certain aspects.

Achievements of South Africa in Working Toward the Elimination of Violence against Women

Criminal Justice

New and Proposed Legislation and its Implementation New Legislation

• The Domestic Violence Act (DVA) (Act No. 116 of 1998) which repeales some sections of the Prevention of Family Violence Act (Act No. 133 of 1993).
• The Criminal Procedure Act, which limits the granting of bail for persons accused of committing serious offences, which include rape and which also makes provision for minimum sentences for murder and rape with aggravating circumstances.

Proposed Legislation The South African Law Commission’s (SALC) Sexual Offences Discussion Paper incorporates a proposed Sexual Offences Bill which extends the common law definition of rape to include ‘unlawful sexual penetration’ under coercive circumstances. The proposed legislation provides that marriage do not constitute a defence to rape. Also, consent does not constitute a defence in:

(a) Sexual molestation. (b) Sexual offences against mentally impaired persons. (c) Child prostitution.

The move away from ‘without consent’ to ‘coercive circumstances’ is considered by many as progressive.

SALC has also produced a discussion paper on procedural aspects of the prosecution of sexual offences, which include the cautionary rule, evidence of previous sexual reconciliation history of complainant.

Specific Impediments to the Implementation of the Domestic Violence Act (DVA) and Issues Pertaining to Sexual Offences - Submissions180

The following crucial points were raised at the Hearings of the Committee, in written and oral form. It must be pointed out that the hearings were held before the implementation of the DVA (December 1999) and that these submissions highlight the perceived problems that could be encountered. These were:

• Women’s inability to access their rights due to lack of knowledge around the DVA.
• Discretion of magistrates in sentencing procedures.
• Legal representation is too costly and so disadvantages many poor women.
• Education for the judiciary, for example, clerks of the court is inadequate.
• Inaccessibility to police stations and courts due to transport problems make it difficult for women to report and follow-up and thus recourse to the DVA would not fully be utilised.
• Whilst the legal aspects of the DVA are technically correct, activists argue that support mechanisms to ensure the eradication of domestic violence is lacking.
• Misconception around domestic violence even amongst victims as it is still viewed as a “private family matter”.
• Language barriers and staff shortages further exacerbate the full implementation of the DVA.
• Confusion around whether social workers or police officers inform victims of their rights.
• The 13 forms required to implement the DVA were still not printed.
• Producing proof for exemption to pay for protection orders is cumbersome.
• Infrastructure to break the cycle of violence is lacking.
• Department of Justice: consulting all role players is time consuming; lack of policy statements and implementation strategy will delay the implementation of the DVA, increase in workload may result in bad service delivery and will have detrimental effects on gender violence. Infrastructure, support structures and security is still lacking.

• Functioning of Existing Courts and Establishment of Special Courts:

  (a) Negative experiences of courts in general which is a direct consequence of a lack of adequate facilities and human resources to handle victims of gender violence, massive backlogs of cases which causes delays of 9 months between date of complaint and trial. (b) Communication breakdown. (c) Inadequate transport to hospitals, courts and police stations. (d) Reluctance of medical examiners to appear in court. (e) Victims waiting in the same hallways as assailants. (f) Dockets being lost. (g) Victims not notified of assailant’s bail hearing. (h) Failure of Sheriffs to serve interdicts in informal and rural areas. (i) Two permanent magistrates in the Sexual Offences Court raised the following concerns:

  • A reconsideration of the adversarial system in sexual offences cases.
  • A re-examination of strict rules of evidence in sexual offences cases, and cautionary rules.
  • Children should testify through an intermediary.
  • Section 170A should be amended to include mentally impaired persons under 18 years.
  • ‘Undue mental stress’ is difficult to determine.
  • Section 51(3) of the Criminal Procedure Amendment Act regarding minimum sentences as well as Section 158 of the CPA which allows witnesses not to give evidence in the presence of the accused, is difficult to interpret.

In response to the concerns raised above, the Department of Justice provided the following input for more efficient service provisions.

• They were finalising a Customer Service Charter for court users.
• A service delivery plan was underway.
• A Victims Rights Charter was developed.
• Various information campaigns for court users, including the 16 Days of Activism Campaign, which incorporates the issue of Violence against Women, were initiated.
• Using the information from the Canadian Study Tour to focus on lessons learnt there, such as an inter-sectoral approach, economic empowerment of women, survivor counselling and offender rehabilitation, and shelters and safe houses for victims.
• Specialised Family Courts are already operating as pilot courts in Cape Town, Port Elizabeth, Durban, Johannesburg and Lebowakgomo and these handle domestic violence cases. The Department plans to establish 20 additional Sexual Offences Courts within 2 years.

On the 1 December 1999, the Director of Public Prosecutions reported that a Special High Court concentrating only on rape cases will be established in Mdantsane.

1. Court Clerks, Interpreters, Prosecutors and Magistrates

Functions of Court Clerks - organisers and facilitators of case rolls at courts are the primary assistants to applicants for protection orders in terms of the DVA.

The concerns raised with regard to the above were:

(a) Prosecutors needed to give better technical assistance and support to women. (b) High turnovers of prosecutors that were on leave and/or transferred to other courts impact negatively on gender violence. (c) Prosecutors are ill-prepared because of workloads and lack of resources. (d) No hearings for violations of interdicts. (e) Magistrates and prosecutors need training on non-legal aspects of rape.

In response to the above concerns, various departments commented on how the process was being addressed. The President of the Regional Court for the Western Cape reported a system of “court nags” has been introduced to ensure court cases run on time and to telephone witnesses and role-players two weeks prior to trail dates. The Department of Justice reported that they are in the process of establishing pre-trial services to alert prosecutors and magistrates of previous convictions and arrests of offenders. The Head of Sexual Offences and Community Affairs in the Office of the Director of Public Prosecutions reported that 60 prosecutors were undergoing training which includes: (a) Collection of evidence. (b) Presentation of DNA evidence. (c) Cross-examination skills and sensitivity in dealing with witnesses. (d) Framing of age appropriate questions. (e) Also proposed that a coalition between NGOs, police and prosecutors should be formed to provide counsellors and intermediaries for traumatised witnesses.

The Chief Director of the Justice College reported that magistrates and prosecutors are undergoing training in sexual offences, child law, domestic violence, violence against women, basic human rights and social context training.

1. The Judiciary

The Committee expressed concern about inappropriate sentences handed down by High Court Judges and implications of statements in rape cases and violence against women. Concern was expressed about views of judiciary which reflect stereotypes and suggestion of women collaborating in crimes against them. Further concern was raised around the interpretation of recent amendments to the Criminal Procedure Act which deals with the imposition of a minimum life sentence where the victim is: (a) Under 16 years old, is raped by more than one person acting with common purpose, or where grievous bodily harm is inflicted, save were “substantial and compelling circumstances” exist which would justify a less severe sentence. The judicial interpretation of this exception has come under scrutiny by women’s organisations and the media.

The University of the Western Cape’s Law Centre’s Gender Project examined disparities in recent cases and argued that judges should consider the following factors in ‘substantial and compelling circumstances’:

(a) Whether the complainant has been sexually active is irrelevant. (b) Whether the complainant and accused are acquainted or related is irrelevant. (c) Whether the complainant sustained any physical injury is irrelevant. Appeals from the Regional Court and Sexual Offences Courts

2 concerns were raised:

(a) Increase in the setting aside of convictions and the reduction of sentences on appeal. (b) The Director of Public Prosecutions expressed concern about lenient sentences being handed down where minimum sentences were applicable.

Appointments of Judges and Disciplinary Proceedings

The Chief Justice formulated the criteria for the appointment of judges and it became apparent that there is no specific requirement for knowledge on and sensitivity to issues relating to women and violence against women. The Minister of Justice reported that he was canvassing the views of judiciary on new legislation on training, disciplinary and grievance proceedings of judges.

Education of Judges

Constitutional Court Judge Kate O’ Reagan presented a reported on her attendance at a judicial colloquim on the application of human rights law at domestic level. Issues raised were:

(a) Countries should seek ways to ensure access of women to the justice system. (b) Lawyers, legislators, judges and citizens to recognise the importance of and be familiar with international and regional human rights. (c) Judicial education for all stakeholders and to integrate CEDAW and other human rights instruments into domestic law and decision making to enhance the social, political and economic lives of women and children. (d) Establishment of an international judicial education centre to “assist countries in design, development and delivery of judicial education programmes on international human rights instruments and jurisprudence, as well as an international resource centre to advise and assist all stakeholders”.

1. LAW ENFORCEMENT Previous Commitments and Recommendations

The 1998 White Paper on Safety and Security places emphasis on service delivery for women who faced secondary victimisation from the SAPS in the past. Specific guidelines for use at station level have been devised. The White Paper adheres closely to the initiatives of the Victim Empowerment Programme (VEP) under the National Crime Prevention Strategy (NCPS).

The 1998 report of the Independent Complaints Directorate (ICD) on the conduct of members of the SAPS provided the following recommendations:

• Extensive training programmes for the SAPS to gain an understanding of the context and nature of violence against women.
• A list of organisations that deal with violence against women should be placed at police stations.
• The releasing of information to the media should be reviewed. Present Experience of the SAPS

The submissions to the Committee regarding the SAPS highlighted the difficulties confronted by women in accessing police stations. The most common categories that emerged strongly in submissions from the NGOs and the SAPS were problems of attitude and abuse and operational problems. (For a full list of these problems, please refer to the more detailed report).

The following issues still remain to be addressed by the Department of Safety and Security:-

• The development of a profile of rape survivors and perpetrators.
• Disciplinary action against members of the SAPS who are themselves perpetrators of violence against women.
• The technical aptitude of investigating officers in the investigation of charges of violence against women; especially rape.
• The establishment of specialised units for rape and other violence against women and children.
• The Department’s participation in trauma centres for rape survivors.

Welfare Services and Shelters Counselling and Shelters

In the White Paper on Social Welfare of 1997, guidelines include strategies to counteract all forms of abuse and violence against women; support services for women who have been battered, raped and sexually abused; the training of police officers, magistrates and criminal justice personnel in the management of violence against women, gender-sensitive welfare services and taking into account women’s needs as care-givers.

Participants in the Hearings reported the following:

• An absence of proper counselling for women who are survivors of violence.
• Severe lack of temporary safe housing for women as a means of escaping situations of violence.
• Lack of government funding of shelters.
• Support services such as shelters, financial support, legal assistance, police protection, access to housing, education, training, employment opportunities, psychological services were essential to assist women to transcend the cycle of violence.

• The Institute of Criminology’s Gender, Law and Development Project, UCT, presented their research findings of rural areas in the Southern Cape. These include:

  (a) Participants reported fear of retaliation, public humiliation, ostracism by family and friends and little faith in the police and courts. (b) Women reported little or no support from family or the community. (c) Participants reported little or no assistance from social workers and local welfare agencies. The Welfare Ministry reported on the following achievements and proposed projects:-

• A service delivery for police and other professionals has been developed.
• “One-stop service” shelters were being planned.
• Training of the SAPS and the Department of Justice officials on the provisions of the DVA. The training of social workers and volunteers would take place in January/February 2000.
• Planning of education and awareness campaigns of the DVA.
• The Victim Empowerment Programmes (VEP), a key programme of the inter- ministerial National Crime Prevention Strategy (NCPS) has been launched.

The following issues remain to be addressed by the Department of Welfare:

• The Department’s efforts to ensure that women are not discriminated against with regard to welfare grants and properly regarded as main care providers.
• The Department’s efforts to ensure the allocation of more funds to care dependency grants for seriously impaired children.

1. Transport

• Various submissions described the difficulties experienced by especially rural women in accessing health care and legal services due to inaccessibility of transport;

• Though the Department of Transport was not requested by the Committee to participate in the hearings, the Committee intends requesting the Department to furnish it with its formal response to the following issues, with reference to its White Paper on National Transport Policy of 1996. These are:

  (a) The Department’s efforts to make public transport more accessible and affordable to women, who rely on these services for access to justice and health care services. (b) The Department’s efforts to improve transport within villages and towns, as well as transport to and from rural areas. (c) The Department’s efforts to ensure the safety of women on the public transport system.

1. Health Care

Medico-Legal Examinations

Various submissions reported on practical difficulties experienced with the required medico-legal examination of the victims of sexual assault and rape:

• Health care services are disproportionately concentrated in historically white and urban centres.
• A concomitant lack of access, mainly transport, especially for rural women.
• Lengthy waiting periods between reporting the crime to the police and the medical examination, which not only compounds the victim’s trauma, but is also a deterrent to proceedings with criminal charges.
• A lack of privacy during the medical examination and a failure on the part of district surgeons to explain the reasons for and nature of the examination. This is often due to linguistic problems.
• Inadequate treatment for conditions such as HIV/AIDS, STD’s and pregnancy, or treatment without even the most basic of explanations of the health risks faced by rape survivors.
• The President of the Regional Court in the Western Cape told the Committee that district surgeons often lack expertise and equipment. There have also been cases where district surgeons have refused to examine drunk and drugged victims.
• Reluctance on the part of district surgeons to appear in court;
• Suggestions that district surgeons deliberately completed the J88 forms in an inadequate manner to avoid being called as a witness.

1. Physical and Psychological Aspects of Treatment of Victims of Violence

• It further appeared that few health care workers were properly equipped to deal with both the physical and psychological aspects of the treatment of women and children who were victims of violence, especially sexual violence.
• The Women’s Health Project reported that most of the general practitioners surveyed by them felt inadequate in coping with issues surrounding domestic violence.
• District surgeons and hospitals were only concerned about rape victims when the survivor showed physical injuries.
• It also appeared that health workers were perfectly positioned to assist women who are victims of violence, with a majority of women informing the health care worker who treats them of the identity of their abuser.
• Many health workers, however, are not trained to deal with issues of violence and an education and counselling opportunity is therefore missed.
• In the Department of Health’s 1998 Progress Report to the Committee, the Department stated that it had joined other countries to discuss a resolution on the prevention of violence as a public health priority, that it participates in the National Network on Violence against Women and that it assisted in developing guidelines for survivors of sexual offences.

The following issues remain to be addressed by the Department of Health:

• The necessity of shifting the focus of health care services for women from childbearing to reproductive health, including counselling and education on and treatment for reproductive health, especially infertility, sexually transmitted diseases and especially violence against women.
• Training and education of health care workers in domestic violence as a mainstream health issue.

1. HIV/AIDS and Violence against Women

• Women and children who have been the victims of sexual abuse and violence face special risks of contracting sexually transmitted diseases (STDs) and in particular HIV/AIDS.
• The violence and coercion involved in the sexual relationships of so many men and women in South Africa limit especially young women’s capacities to protect themselves against HIV/AIDS.
• Various perverse myths have arisen during the last decade connecting sex with certain types of women with a cure for AIDS, thereby adding a new dimension to sexual violence against women.
• Government funding of the controversial drug AZT. In an address to the National Assembly on 16 November 1999, the National Minister of Health, Dr ME Tshabalala-Msimang stated that the government has declined to supply AZT to people infected with HIV/AIDS and people who may have been infected through needle-pricks or through rape, on two grounds - affordability and the absence of proper research on the possible harmful side-effects of AZT, in particular its toxic profile.

1. Incarceration of Offenders

• The Department of Correctional Services presented a submission to the Committee describing their extensive education and rehabilitative counselling programmes for inmates, and in particular perpetrators of sexual violence.
• The department reported on their education programmes for women inmates (such as programmes on adult basic education and training, reproductive health, including HIV/AIDS, parenting skills, stress and anger management, alcohol and drug abuse).
• The department’s policy stipulates that mothers with infants and young children must be kept in a separate Mother and Child Unit;
• It was also reported that the Department now had a programme by which all reasonable efforts were made to notify victims of the parole hearings, and the release or escape of prisoners.
• The Department’s submission points out that a victim or relative is responsible to inform the Commissioner of Correctional Services in writing of her contact details, change of address and costs incurred to attend the parole board hearings.
• The Department also attempts to assist prisoners about to be released by way of counselling, accommodation and transport arrangements and community integration programmes to assist prisoners to obtain employment on release.

1. RECENT RESEARCH ON VIOLENCE AGAINST WOMEN

Research reports on violence against women were submitted to the Committee. However the limitations of the research, such as, specific geographic areas, and generalizations should be guarded against when studying the findings. These difficulties highlight the necessity for a statistical data base on issues relating to violence against women and children and gender attitudes. A selection of research reports have been placed in this summary report. For more details of all research findings, please consult the complete report.

1. SUMMARY OF RESEARCH

2. UNISA’s Institute for Social and Health Sciences presented a research report on rape surveillance based on district surgeons’ offices in Johannesburg from January 1996 to December 1998. It includes Hillbrow, Lenasia South and Chris Hani Baragwanath medico-legal clinics:

(a) 51% survivors were between ages 15 and 25. (b) 88.3% of rapes were perpetrated by a person of the same race group. (c) 58.2% of rapes occurred over the weekends, and 43.7% took place between 18h01 and 0h00. (d) 44.7% survivors were acquainted with their perpetrators. (e) Younger victims were more likely to know their perpetrators. (f) 31% of rapes were committed in open fields, 29.1% in rapists home, and 14.2% in victim’s home. (g) 73% of rapes were committed by single perpetrator and 27% involved multiple attackers. (h) Weapons were used in 54.9% of attacks: mostly knives (50.9%) and firearms (35.3%) In 85.5% of cases weapons were used only to threaten.

1. UCT’s Institute of Criminology’s Gender, Law and Development Project research submission undertaken in rural areas in Southern Cape found that statistics and dynamics for rape are similar in rural and urban areas, but access to justice and support differ enormously. The study revealed that:

(a) Rural women experienced and witnessed injuries ranging from burns from boiling water to severe head injuries. Participants stated that, in their community, men were “professionals” in domestic violence, hitting a woman on her body and not on her face, so that the injuries are not too identifiable, but when she has been accused of infidelity, women sustain head and facial injuries “to make her ugly to other men”. (b) Participants listed domestic violence, alcoholism, under- and unemployment, the rape of women and property crime as major problems in their communities. (c) Rape and sexual molestation of children were seen as the biggest threats to women and girl children in the communities. (d) Economic abuse was a notable feature of the research. (e) Women listed the following causes of domestic violence: Lack of respect for women, problems with children, unemployment and alcohol abuse, suspicion or jealousy and culture. (f) The report also lists the following reasons for the limited access to justice for rural women:

(g) Economic disempowerment was mentioned as being the single factor which prevented women from removing themselves from the domestic violence. (h) Women in rural areas lack nearby services and the cost of transport decreases a woman’s ability to leave violent situations or even seek information or assistance to deal with the problem. (i) Limited access to state and private health, welfare and justice services results in systemic discrimination by the state in almost every area of rural women’s lives. (j) No accessible houses or shelters for women in rural areas. (k) Fears of community gossip or alienation from their communities if they seek assistance. (l) Very few development services exist in rural communities.

The combined effects of poverty and violence for rural women in the Southern Cape create formidable barriers to women’s equality, mental and physical health, and their full participation in civil society. Current laws contain systemic inequalities, state legal structures are inherently discriminatory against women and do not meet the needs of rural women.

1. The Medical Research Council’s Centre for Epidemiological Research in South Africa (CERSA) presented three research reports at the hearings. ERSA presented a research report on domestic violence based on the first major community-based prevalence study conducted among women in the Eastern Cape, Mpumalanga and the Northern Province. Its main findings were the following:

(a) Emotional, financial and physical abuse are common features of relationships and that many women have been raped. (b) Physical violence often continues during pregnancy and constitutes an important cause of reproductive morbidity. (c) Many women are injured by their partners and considerable health sector resources are expended providing treatment for these injuries. (d) Injuries result in costs being incurred in other sectors, notable to the family and the women’s community and to employers in the national economy. (e) Considerable mental distress is associated with abuse. (f) There was considerable agreement with patriarchal gender relations but women also indicated that the prevailing gender attitudes in their culture was much more patriarchal than their personal views. (g) The report also mentions that there was considerable disagreement amongst the women about the meaning attached to their culture to customs like lobola, indicating the possibility of popular discussion and examination of these traditions. (h) Research conducted amongst pregnant Xhosa-speaking adolescents in Khayalitsha initially intended to focus on contraception, bodily knowledge and pregnancy, found that male violence dominated the sexual relationships of these women.

1. CERSA also reported on research conducted among young people in Umtata. Some of their key findings were the following:

(a) Physical assault and rape or coercive sex was reported by many participants. (b) Violence was used by boys as a way of imposing the rules of relationships and was particularly associated with girls’ rejection of “proposals of love”, attempts to end relationships, refusals of sex and their actual or suspected infidelity. (c) Physical violence was a way of life for not only the teenagers, but in all community relationships. (d) The gender identities of the participants were substantially constructed in terms of their success in sexual relationships, and pursuits of gaining and keeping boy- and girlfriend were overwhelming the preoccupation for those young people. (e) Neither teachers nor parents made any effort to promote safe dating or to interfere in the violent activities.

1. The 1998 South African Demographic and Health Survey reported statistics on violence against women that were significantly lower than those reported by other studies. The survey mentions that the under- reporting of gender violence is well recognised and should be taken into account in interpreting its results. The Survey also records that one in five currently married women reported economic maltreatment, indicated by the regular non-provision of money for food, rent or bills, whilst having money for other things.

1.Public Awareness and Education

• It emerged strongly from the hearings that rape, sexual assault and domestic violence are more prevalent in South African society than ever recognised and that fear and expectations of violence is a way of life for many South African women.
• The hearings also shattered the common myth that the rapist is a stranger who lurks in dark alleys.
• Submissions reportedly mentioned our history of oppression and disregard for human rights as the context in which violence against women flourished, and emphasised the importance of addressing violence against women by placing it both within a historical and political perspective and to recognise the influence of apartheid in the present mindset of individuals, communities and society as a whole.
• It was also argued that the division of the people of this country according to race contributed to the prevalence of violence against women.
• The Centre for the Study of Violence and Reconciliation explored the imbedded patriarchy which contribute to violence against women in South Africa. Imbedded Patriarchy refers to the ideology of granting men power and privilege over women can be seen as the one factor unifying South Africa’s various cultural and ethnic groups. Patriarchy also has severe economic consequences for women, who are much more likely to be unemployed and without access to any income of their own, while men control the allocation of household finances and even hamper women’s efforts to obtain and keep employment, leaving women totally financially dependent.
• CERSA also reported deep-rooted patriarchy and a concomitant lack of respect for women, who are often seen as the property of their husbands or father, or communities, as a factor in the scourge of violence against women.
• Submissions also mentioned deepening levels of poverty and inequality in post-apartheid South Africa, which affects women more as the major component of the unemployed in South Africa.
• Gendered constructions of male and female sexuality have created the idea that men should be sexually active and women passive and without sexual desire. This implies to some men that women need to be forced to have sex in a context where it is not acceptable for women to indicate her consent.
• Research has shown a vast discrepancy in attitudes to the fidelity required from men and women. It is acceptable for men to have many sexual partners, but women are required to be faithful to one partner.
• A submission also indicated that government inaction is a factor, which contributes to the high level of gender violence in societies.
• Submissions also pointed out that, despite its wide-ranging powers to educate the public, the media was irresponsible in its reporting of violence against women, perpetuating stereotypes and relying on sensationalism.
• Both government submissions and those of NGOs reported an enormous lack of understanding of violence against women by the public.
• It was also apparent from the submissions that both men and women are uninformed about sex and sexual health and women are therefore unable to protect themselves and to provide information and support to other young women.
• Various submissions stressed the importance of involving men in programmes on eradicating violence against women.
• Although COSATU did not participate in the hearings, the Committee Chair has addressed shop stewards in the COSATU violence against women and HIV/AIDS campaigns. COSATU has produced a guide for shop stewards on these issues and is in the process of holding training workshops for its shop stewards.

1. Department of Education’s Initiatives to Address the Issue:

   (a) In its Gender Equity Task Team Report (the GETT report), the Department of Education identified the following issues to be considered and addressed relating to gender-sensitive education and violence against women:

   (b) Identifying means of correcting gender imbalances in enrolment, dropout rates, subject choice, career paths and performance.

   • The advantages and disadvantages of single sex schools.
   • Sexism in curricula, textbooks, teaching and guidance;
   • Sexism, sexual harassment and violence throughout the education system.

The GETT report also lists the following recommendations:

   *    That new legislation should be developed to  make  explicit  the
     legal responsibilities  of  education  authorities  to  uphold  the
     rights of students to be free from discrimination and harassment.
   *    That the National Department  of  Education  should  develop  an
     interim policy on sex and gender based harassment and violence.
   *    That the National  Department  of  Education  should  develop  a
     training package for educational managers on  their  responsibility
     to prevent discrimination,  violence  and  harassment  as  well  as
     curriculum packages which incorporate  learning  about  gender  and
     violence at all levels of education.

The Minister of Education made an oral submission to the Committee regarding the Minister and the Department’s efforts to address violence against women. The following points were made:

• The Department of Education’s 1997 report on Gender Equity in Education dealt with sex based violence in schools.
• The Director-General of Education reported to the Committee that, in their attempts to include sex and gender education in the curriculum, they had initially experienced some resistance from sections of the communities who did not want to expose small children to issues of sexuality. It was hoped that the issue could be more appropriately addressed under the auspices of Curriculum 2005.
• The Minister of Education reported that a gender Equity Directorate had been established in April 1999, which liases with Gender Focal Points in Provincial Departments through the National Gender Co- Ordination Committee.
• The Education Department was also preparing gender training programmes for all national and provincial officials, as well as a Mainstreaming Handbook for use by gender officers.
• A school-based project on sex-based and gender-based violence and harassment was being developed.

The Committee would like to receive a formal response from the Department of Education on the following issues:

• The Department’s efforts to ensure that gender issues are not isolated to the Gender Equity Unit.
• What programmes the Department is planning in order to raise awareness about sexism and violence against women in educational institutions and in particular the pre-service and in-service training of teachers and to raise awareness in the general public.
• The provision of extended day care facilities for younger children and infants born to school girls.
• The Department’s investigation into the desirability of single sex government schools and the possibility of teaching certain subjects separately to boys and girls.
• The development of gender sensitive textbooks and curricula, as well as the development of comprehensive age-sensitive and sexual health education.
• The Department’s efforts to improve the education and Matric pass rates and to decrease the dropout rate of girls, especially rural African and Coloured girls. Other important theories that emerged for the perpetuation of violence against women in South Africa noted:

(a) The intersection of race and gender oppression - examples of the double burden of oppression borne by black women are slavery and indentured servitude. Women slaves and their bodies were considered the property of their owners. A certain perception of how African women should be treated also emerged. (b) Changes in the social order - research has shown that an increase in violence against women, and especially sexual violence often occurs to changes in the social order. (c) Legitimising violence against women - the difficulties created by African traditional and customary law by adhering to customs that are oppressive to women. (d) Militarisation - the apartheid era militarisation of South Africa and the use of violent repression together with anti-apartheid movement decisions about education and armed reaction have resulted in entire generations of ‘lost’ and violent young men and a general culture of violence - where violence is seen as a legitimate means of conflict resolution.

   *    In  addition,  a  culture  was  cultivated  in  which  qualities
     regarded as 'feminine' is treated with contempt as  'weakness'  and
     a  tough,  aggressive,  brutal  and  competitive   masculinity   is
     promoted.
   *     Professor  Jacklyn  Cock  similarly  blamed   the   legacy   of
     militarisation which involves  "a  proliferation  of  weaponry  and
     ideas which link violence to masculinity".

1. The Budget and Allocation of Resources

• At a Cabinet meeting in 1996, the Department of Finance committed itself to considering the reallocation of military expenditure to support women’s economic advancement. In 1992/93, the Department reduced expenditure on Defence from 9.1% of total government spending to 5.7% in 1997/98. Spending on social services increased from 43.7% to 46.9%.
• In its Second Annual Report (January, 1998 - March 1999), the Committee recorded its formal questions to the Minister of Finance on, inter alia, progress on the Ministry’s 1996 Cabinet commitments to reduce military expenditure and to utilise the savings towards women’s empowerment. The report further indicates that, in a briefing on 16 March 1998, the Minister indicated that military spending had decreased from 4.5% of GDP in 1993/94 to 1.5% in 1999/2000, and that the main beneficiaries of this decrease had been the Departments of Health, Education and Welfare.
• Yet in the Medium Term Budget Policy Statements, the average annual growth in present and projected proportional expenditure for Defence and Intelligence was 14.9%, more than double the figure for any other services, including Education, Health and Welfare.
• The Department of Finance was invited by the Committee to present submissions at the hearings. Although the Deputy Minister attended the hearings, he advised the Committee that the Department had not been able to prepare a submission to the Committee. To date, the Committee has not received a response to questions posed to the Deputy Minister at the hearings.

• The Committee requires an urgent response from the Department of Finance on the following issues:

  (a) The Department’s efforts to address the unemployment of women formerly employed in the clothing and textile industries caused by the liberalisation of trade policy as a means of increasing competitiveness in the manufacturing sector.

• Various projects in the Victim Empowerment Programme (VEP) were intended to focus on issues relating to violence against women and children. However, very few of these projects have sustainable funding, and many of the projects were only intended to operate for one year:

  (b) “Multi-disciplinary Management of Child Abuse and Neglect” - Donor funding of R2 million paid for the 1998/99 year of operation, for the 1999/2001 years, “alternate sources of funding” would be sought. (c) “Primary Health Care Model to Reduce the Risk of Interpersonal Violence” - this was only intended to be a one-year project to be implemented during 1998/99, with funding of R400 000 sourced from the VEP. (d) “Violence Referral Centres” - a pilot programme to establish “Violence Referral Management Centres in four provinces, receiving referrals from frontline staff”: This project was similarly only intended to be a one-year project to be implemented during 1998/99 at a cost of R510 000, funded by the VEP. (e) “Outreach Centres to Counteract Domestic Violence” - a programme designed to give support for the establishment of outreach centres in provinces to expand services to victims of domestic violence. Donor funding of R1.2 million paid for the implementation of this project in Mpumalanga and the Eastern Cape, whilst the VEP paid R1.2 million for its implementation in the North-West Province and the Free State. The VEP would pay R3 million for its implementation in the remaining five provinces in 2000/01. “Alternate funding” would be sought during 1998 for the continued operation of these programmes. (f) R65 000 was budgeted from the VEP for “Access to Legal Provisions to Counter-Act Domestic Violence in Rural Communities”, a project intended to be operational during 1998/99. (g) “Violence Prevention in Schools”, a project implemented by the Department of Health (in conjunction with the US Centre for Disease Control for the 1998/99 year at a cost of R65 000, funded by the VEP. (h) “National Policy Guidelines on Victims of Sexual Offences” - a project encompassing nine provincial workshops to train service providers on the basis of the national policy guidelines on sexual offences - this project was funded by the VEP at a cost of R150 000 during 1998/99. (i) “Victim Empowerment in Schools - Life Skills Curriculum” - this project was funded by the VEP at a cost of R150 000, and intended to be a one-year project during 1998/99. (j) The VEP paid for a training course for the SAPS entitled “Victims of Violence: Domestic Violence and Sexual Offences Case Handling Training”, at a cost of R100 000 for 1998/99; funding for 1999/2000 and 2000/01 “to be secured in order to extend it to these two years”. (k) An information and public awareness project hosted by the Department of Welfare, funded until 2001 by the VEP.

• In its Second Annual Report (January 1998 - March 1999), the Committee reported that no specific budgetary allocations had been made for violence against women, unlike other crimes declared priority crimes in terms of the National Crime Prevention Strategy, such as hijacking. Similarly, departments such as Safety and Security did not have specific, separate budget allocations for violence against women.
• The exclusion of victims of domestic violence from the Fund for Victims of Violent Crime Bill;
• The Commission for Gender Equality also raised the issue of involving the private sector in programmes addressing violence against women.
• Various submissions to the Committee mentioned that the cost of violence against women in South Africa, and especially domestic violence, has been calculated due to ineffective documentation of these incidents by the health and criminal justice sectors. These costs are both public and private, paid for by women and their families.
• Calculating the real economic costs may be hampered by the fact that violence against women is under-reported, prenatal damage caused by the abuse of pregnant women is difficult to quantify, long-term consequences such as inter-generational transfers of violent behaviour cannot be accurately estimated and private costs to women cannot be captured.

1. Inter-Ministerial Co-Operation and Co-Operative Governance

• The National Crime Prevention Strategy (NCPS), adopted by the Cabinet in May 1996, is the government’s flagship inter-departmental programme in its efforts to combat crime. One of the NCPS programmes which affects issues of violence against women is the Victim Empowerment Programme, hosted by the core NCPS departments, namely Justice, Welfare, the SAPS, Safety and Security and Correctional Services, but also involves the Departments of Health and Education and Provincial Departments;
• The Office on the Status of Women (OSW) was established in the President’s Office. R1.5 million of the OSW’s funding of R2.5 million for 1998/99 was donor funding, which terminated in August 1999. The budget for 1999/2000 only covers salaries and administration;
• During 1999, the OSW advised the Committee that it was developing a Green Paper on a National Gender Policy to be passed by the Cabinet.
• On 15 March 1999, the OSW also advised the Committee that it was conducting a gender audit on internal transformation and external service delivery of all government departments and all the provinces, with a view to developing a national action plan.
• Although the Department of Foreign Affairs was not requested by the Committee to participate in the November 1999 hearings, the Committee would like to know whether and when a gender desk will be established in the Department. The Committee also requires information regarding the Department’s efforts to set up international links to international trafficking in women and prostitution.
• In view of various submissions relating to women’s difficulties in escaping situations of especially domestic violence due to a lack of access to alternative housing, the Committee also requires a response from the Department of Housing and Agriculture and Land Affairs (both of whom were not requested to participate in the hearings) on their efforts to ensure that women are not discriminated against in the granting of housing subsidies, access to rural housing and rural land allocation. The Committee is particularly interested in the progress and achievements of the Women for Housing Group in the Department of Housing with reference to their April 1998 draft document entitled, “Guiding Principles and Practice Relating to Women’s Housing Issues”.

1. Co-Operation between Government and Civil Society

• Numerous submissions mentioned the importance of an inter-sectoral approach, involving both government and civil society, in addressing violence against women.
• The National Network on Violence against Women has been most successful in bringing together government and civil society on issues relating to violence against women. The Department of Welfare has formed a partnership with the National Network on Violence against Women and the Network has received financial and administrative support from the Department. The Department of Health also participates in the National Network on Violence against Women.
• The Committee was told of the involvement of organisations like People Opposed to Women Abuse in programmes of the Department of Correctional Services.
• At the same time, many NGOs mentioned their prime difficulty being a lack of funding, and that most of their time was spent on fund- raising instead of addressing their substantive goals.

1. The Need for a Statistical Database

• In South Africa, there has been a notable lack of community-based data and reliable statistics on violence against women and children, its prevalence and epidemiological studies of risk factors. Most research undertaken on violence against women in South Africa has been relatively small-scale, localised or has focused on particular sub-groups, e.g. health service users.
• Research efforts on the prosecution of sexual offences cases were made extremely difficult through the absence of any record system whatsoever by court officials, and police dockets and court files which were incomplete. Further, there is no official record of how many women phone police stations when they are in a crisis or when their lives are endangered.
• Disaggregation of data and the devising of protocols around domestic violence may yield better data and the Department of Safety and Security is best positioned to do this.
• In its 1998 White Paper, the Department of Safety and Security stated that it aims to improve the reliability of crime statistics in general. The Committee will request the Department to furnish it with a progress report in this regard.

Recommendations and Queries to Government Departments (Submissions to this section were received from various stakeholders - please refer to full document for details)

1. Criminal Justice

The Committee recommends:

• that the availability of and access to legal aid to women who are victims of violence be given urgent consideration by the Legal Aid Board and the Department of Justice;
• that urgent attention be given to the appointment of more prosecutors, intermediaries, interpreters and magistrates, and that the Department of Justice allocate resources for this purpose;
• that clerks of the court, who will be the point of entry for complainants in terms of the new Domestic Violence Act, be given mandatory training in gender sensitivity and the effects and nature of domestic violence;
• that the establishment of more Sexual Offence and Family Courts receive priority;
• that attention be given by the Judicial Service Commissions to sensitivity to gender issues in the appointment of High Court Judges;
• that gun control laws be enforced more strictly.
  1. Law Enforcement

The Committee recommends:

• That more female officers be made available to assist survivors of violence;
• That the Department of Safety and Security allocate resources to establish a proper surveillance and data collection system which would make it possible, inter alia, to identify specific locations where attacks on women regularly occur and to identify reasons for the non-prosecution of violence against women;
• That more police stations be established and equipped, including satellite police stations, especially in the rural and poorer areas;
• That urgent attention be given to more visible street policing and street lighting;
• That the Department of Safety and Security allocate resources to engage the services of experienced trainers from reputable NGOs to train members of the police in: (a) The devastating effect of violence against women, including domestic violence which is often treated by police officers as “unimportant”; (b) Sensitive treatment of traumatised survivors of rape, sexual assault and violence against women in general; (c) The various legal remedies available to survivors of violence. It appeared from various submissions that complainants often relied on the police for advice on her choice of remedy. In some cases, it was reported that police try to dissuade women from laying charges against perpetrators by stressing negative consequences for women if they insist on the arrest of the offender; (d) Accurate and adequate forensic investigations for the purpose of criminal prosecution.

Welfare Services and Shelters The Committee recommends:

• That the Department of Welfare embark on extensive training of its officials to equip them to deal with survivors of violence against women;
• That both government and civil society give urgent attention to the establishment of shelters for abused women. This is also a project in which the private sector can make a specific and greatly needed contribution towards assisting women to remove themselves and their children from situations of violence.

Health Care The Committee recommends:

• The incorporation of treatment of the survivors of sexual violence and other violence against women in the curriculum for the training of doctors, nurses and other health workers. Such treatment must also incorporate an understanding of the trauma experienced by the survivor.
• That urgent attention be given to the availability of treatment of rape survivors of STD’s and other health risks, and that the Department of Health prioritises establishing the effectiveness of anti-retroviral drugs like AZT for rape survivors;
• That urgent attention be given to women’s access to health care, especially rural women;
• That priority be given to the expansion of the existing project for the training of forensic nurses; and
• That the removal of question 11(e) from Form J88 be considered.

Incarceration of Offenders The Committee recommends that:

• The Department investigates the implementation of weekend incarceration, especially of perpetrators of domestic violence;
• A fund be created to which victims or relatives can apply to fund expenses related to attending parole hearings;
• A fund be created to assist prisoners who become victims of violence.

Public Awareness and Education The Committee recommends that:

• An extensive public awareness campaign in all languages through the use of electronic and print media about the right of women to be free of violence. Such campaigns must address both women and men and must target rural areas in an accessible way. It is also imperative that community organisations, especially religious organisations, are involved in the campaign on an on-going basis and that influential people in the community (including politicians, religious leaders, business leaders and youth organisations) on national, provincial and local level, make public statements in support of the campaign.
• That the Department of Justice drives a public education campaign focussing on legal remedies available to women who are victims of violence, and in particular the provisions of the Domestic Violence Act.

• Proper education on sex, sexual health, the crime of violence against women and alternative conflict resolution mechanisms (other than violence) -

  (a) As part of the school curriculum, taught at an age-appropriate level from an early age. Such programmes must also focus on the development of self-reliance and self-esteem for both girls and boys. Attention also need to be given to teacher-training to ensure that teachers feel qualified to deliver such education. (b) For parents by way of national workshops and seminars on parenting skills. (c) For men through employee’s organisations and unions. Changing men’s perceptions should receive high priority as a mainstream issue, and provision should be made for both primary prevention as well as secondary prevention, such as counselling programmes for abusers. (d) In communities by representatives of the police, welfare and legal services, utilising the network of as many community organisations as possible, including women’s organisations, specifically to reach women who have already left school and unemployed men.

Such education should address, inter alia, the following questions:

   (a)  What is love? In what ways can it be demonstrated?
   (b)  What do young people do sexually? Why do people have sex?
   (c)  Do men and women have equal sexual rights?
   (d)  What kinds of relationship can young people have?
   (e)  What alternative sexual practices are there?
   (f)  How can men and women communicate about sexual matters?
   (g)  Who says no to sex, and how?  Who can ask for it?
   (h)  Who has or is allowed to have multiple sexual partners? And why?
   (i)  What is sexual abuse and violence?
   (j)  When and why does violence occur within relationships?
   (k)  Is violence acceptable within relationships?
   (l)  How can potentially violent situations be dealt with?

It appeared from numerous submissions that the lack of employment and realisable aspirations among especially young men contributed towards abuse of women though displacement of frustrations onto vulnerable partners, as well as through increased drug and alcohol use. The Committee therefore recommends that government prioritises job creation in areas where abuse is most prevalent.

Tracking the Changes after the November 1999 Hearings

From 2000 to 2001

Visits to various provinces by members of the Committee were undertaken in April and June 2000 with a view to meet with Magistrates, South African Police Services Commissioners and Prosecutors. These meetings formed part of the Committee’s investigation into the difficulties experienced by the SAPS, Magistrates and Prosecutors in each of the provinces to monitor the implementation of the National Instruction on the Domestic Violence and Maintenance Act. A delegation of the Committee visited Nelspruit, Mpumalanga on 17 April 2000, Pietersburg, Northern Province on the 19 June 2000, Port Elizabeth, Eastern Cape on the 19 June 2000 and the Western Cape.

The issues highlighted below are prevalent to a greater or lesser degree in all areas that these investigations took place.

1. Domestic Violence

• Application forms for domestic violence interdicts - shorter forms were requested, more staff are required.
• Director Singani, Crime Prevention, informed the delegation that victims are given a choice on whether they want to open a case or get a protection order. Normally victims choose the latter and do not want to open a case. The SAPS need more staff to cope with filling of the forms.

1. Public Education

• Public is illiterate and uninformed about the legislation.
• The public is often referred back to the police by the magistrate’s courts. People get shifted from pillar to post. It is problematic just get more personpower to help with filling in the forms.

1. Training and Restructuring
   • Training of police officers is ongoing;
   • Director Singani mentioned the possibility of getting a small structure to deal with domestic violence cases, because police officials are taken away from their ordinary duties. The SAPS has to send two police officers to escort victims, which takes up to five hours. There needs to be a clarification of guidelines on the division of labour.
   • Director Singani also indicated that there are no clear guidelines on who needs to be doing what, and said that the SAPS cannot deal with both, but they needed a subsection to deal with the matters.

Note from clerk: it is apparent that even senior SAPS officers regard the problem of violence against women as something that is not part of their ordinary work, but an extra burden placed on them. This attitude is alarming and an undertaking must be obtained from the Minister of Safety and Security that this mater will be dealt with immediately and effectively.

1. Manpower and Language
   • Director Singani pointed out that when the applicant is referred to the police for assistance with filling in the forms, the police have the problem that they do not have the necessary personpower to assist. He argued that capacity must be built at magistrate courts, for example, translators must be appointed. He complained that they only want to deal with the protection side of matters and this can only be done if there is more capacity but they do not have the time.
2. After-Hours Assistance

• Director Singani stated there were problems getting the required assistance after hours with regard to applications. In Sheshego, the magistrates have set certain hours to deal with domestic violence cases, up to 12h00, for instance.
• When victims go to the police station to deal with the problem, women use interdicts to cover other matters and most cases are withdrawn.
  1. Transport
• The SAPS do not have enough vehicles to fulfil its transport duties toward victims. There was a shortage of manpower and members still had to manage their work in the time required. There was an appeal that this problem be addressed.

1. Shelters

• Shelters are mostly under the management of men. Suspects complain that their wives are given to other men. There is a perception that this is a cultural matter. Some shelters are not open for 24 hours.

1. Jurisdiction

• The areas of jurisdiction of the SAPS and the magistrate’s courts are not exactly the same. Police officers often go outside of their area of jurisdiction at times, although a certain area may be in the magisterial district. The SAPS has to apply for permission to operate outside their jurisdiction, but a senior officer may not be available at that crucial time. If jurisdictions could be matched exactly, it would save on time and labour.

1. Addresses

• Victims or suspects often do not have proper addresses, because they live in rural areas.

1. Magistrates Personpower and Language

• An official informed the delegation that the magistrates in the Northern Province were experiencing the same problems as those in Mpumalanga. They have a shortage of personpower. His civil section has three clerks and they do full-time domestic violence complaints work. On the return date, it often happens that the respondent approaches the court to have the order set aside. The civil trial gets too little attention.
• He pointed out that the civil section is chaotic as the three clerks have to fill in all the forms and they experience problems because of a language barrier;
• Clerks sometimes refer the complainants to the SAPS to help with filling in the forms. They need more staff for the completion of forms and for trials. Other sections of work are being neglected;
• Over 30 000 documents are served per annum. Domestic violence places another burden on the section.

1. Restructuring

• Additional posts should be created in order to render services;
• Many magistrates’ offices are using an organogram that has been in operation for 30 years - it has not been upgraded.

1. Financial Implications of the Domestic Violence Act

• The Domestic Violence Act has financial implications that has not been accounted for. The sheriff has to be paid and magistrates have pleaded that the Sheriffs delay billing until the next financial year.

1. Prosecutors Staff

• The three divisions - Administration, Prosecution and Magistrates do not communicate. The Act implies that they have certain duties. Acts were passed but due to lack of additional staff, there are major problems. Furthermore, when cases have to go to court, the application is withdrawn and the process is often repeated.
• At times, the magistrate with civil court also deals with applications for victims of domestic violence. The workload is immense and magistrates themselves need more assistance.

1. Jurisdiction

• The discrepancies in the jurisdictions of the SAPS and the magistrates’ courts - many problems are encountered as the SAPS nearby may want to bring a case before the court but the magistrate may not act because his jurisdiction is elsewhere.

1. Inter-Departmental Co-Ordination

• There was a request that an agreement be worked out between the Departments of Justice and Safety and Security to co-ordinate cases. This will result in a better flow of case. There has to be a joint venture between Justice and the police to interrogate the Act and to assist with the smooth running of the implementation.

1. Problems with Act
   • The Act makes no provision for cases where violence occurs before the interim order has run out and the final order is in place.
2. Training of SAPS

• Members of the SAPS have not received sufficient training with regard to domestic violence.

1. Department of Health and Welfare Bureaucratic and Practical Stumbling Blocks

• In rural areas, there are no specific medical facilities for victims
  • a clinic is open for certain hours and days.
• Medical facilities have been decentralised to be accessed by all;
• When domestic violence victims seek help, and if they have a J88 form, they cannot be helped as there may be no doctor present and therefore they will have to go to a hospital.
• Victims are often not accompanied as the SAPS do not have transport or the staff to handle this aspect.
• Many rape victims are taken to hospitals where there is a lack of crime kits and other forms, which would be available if they were accompanied.

1. Statistics

• There are only statistics for rape victims and not for domestic violence assault, only for assault. A new form is in the process of being compiled and developed which will help record statistics to separate domestic violence cases from assault cases. This form will now be filled in at hospitals.

The Joint Monitoring Committee on the Improvement of the Quality of Life and Status of Women Summary Report on Violence Against Women October 2001

Introduction The Joint Monitoring Committee on the Improvement of the Quality of Life and Status of Women (hereinafter referred to as the Committee) was permanently established in June 1998 to monitor and oversee progress with regard to the improvement of the quality of life and status of women in South Africa. The Committee’s specific brief is to monitor government’s commitments made at the United Nations Fourth World Conference in Beijing in 1995 and the provisions of the United Nations Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) in 1995.

The South African government signed and ratified CEDAW and government departments tabled their commitments to the Beijing Platform of Action (BPFA) in February 1996. Both CEDAW and the BPFA detail a state’s obligation to introduce measures to protect the rights of women and mechanisms to eliminate gender-based violence.

The Committee’s hearings on violence against women were held from 8th to 17th November 1999. The objectives of the hearings were the following:

• To identify the blockages which impede women’s access to justice.
• To determine the varied ways in which such obstacles to justice can be addressed and eliminated.

All submissions of the 1999 hearings are available from the Clerk of this Committee.

Subsequent to the 1999 hearings, the Joint Monitoring Committee on the Improvement of the Quality of Life and Status of Women either initiated or participated in various forums highlighting gender violence in South Africa. These were:

• The provincial visits to 3 provinces by a delegation from the JMC - 17 April 2000 - Nelsruit, Mpumalanga; 19 June 2000 - Port Elizabeth and Pietersburg;
• The joint 2-day workshop between the JMC and the Public Participatory Unit (PPU) of Parliament, 25 - 26 July 2001, Parliament, Cape Town.
• The rural road shows held in conjunction with the PPU.

An Overview - Violence against Women Hearings, November 1999

Submissions from the hearings noted the many achievements made by the state in addressing and confronting the issue of gender-based violence. The state at the highest policy level has committed itself to the elimination of gender violence. The preamble to the Domestic Violence Act 116 of 1998 makes clear this intention as it sets this legislation out as “providing victims with the maximum protection, which the law can provide’. In addition to the Domestic Violence Act, the criminal justice system began the process of transformation with proposed legislation to improve the lives of women confronting the justice system. The South African Law Commission’s Sexual Offences Discussion Paper incorporates a proposed Sexual Offences Bill. SALC has also produced a discussion paper on procedural aspects of the prosecution of sexual offences. Specific Impediments to the Implementation of the Domestic Violence (DVA) and Issues Pertaining to Sexual Offences - Submissions181

The following crucial points were raised at the hearings in written and oral form. It must be pointed out that the hearings were held before the implementation of the DVA (December 1999) and these submissions highlight the perceived problems that would be encountered. These were:

• Women’s inability to access their rights due to lack of knowledge around the DVA.
• Discretion of magistrates in sentencing procedures.
• Legal representation is too costly and therefore disadvantages many poor women.
• Education for the judiciary, for example, clerks of the court, are inadequate.
• Inaccessibility to police stations and courts due to transport problems make it difficult for women to report and follow up and thus recourse to the DVA would not be fully utilised.
• Whilst the legal aspects of the DVA are technically correct, activists argue that support mechanisms to ensure the eradication of domestic violence is lacking.
• Misconception around domestic violence even amongst victims is still viewed as a “private family matter”.
• Language barriers and staff shortages further exacerbate the full implementation of the DVA.
• The 13 forms required to implement the DVA were still not printed.
• Negative experiences of courts in general, which is a direct consequence of a lack of adequate facilities and human resources to handle victims of gender violence. There are massive backlogs of cases, which cause delays of about nine months between complaint and trial.
• A definite need for the reconsideration of the adversarial system in sexual offences cases.
• Prosecutors and magistrates need training on non-legal aspects of gender-based violence.
• South Africa should seek ways to ensure that women can access the justice system.

The above were some of the key concerns raised at the 1999 November hearings. For more detail, see the summary report of July 2000 and the comprehensive report of February 2000.

Key departments and various stakeholders involved in addressing gender- based violence have pointed out the progress that have been made in terms of programmes, budgetary requirements and policies that will aid the process towards the eradication of gender-based violence. For a full list of submissions made by key departments, please refer to the February 2000 report.

Findings from provincial visits (2000)/workshop (2001) and road shows (2001) to monitor the gaps found in the implementation of the Domestic Violence Act of 1998.

Visits to various provinces by members of the Committee were undertaken in April and June 2000 with a view to meet with magistrates, the South African Police Services (SAPS) Commissioners and prosecutors. These meetings formed part of the Committee’s investigation into the difficulties experienced by the SAPS, magistrates and prosecutors in each of the provinces to monitor the implementation of the National Instruction on the Domestic Violence and Maintenance Act (Act 99 of 1998). A delegation of the Committee visited three provinces and visits to the remaining provinces are envisaged in the year 2002.

Some of the key concerns highlighted by participants at the above interactive sessions revealed the following problems (to a lesser or greater degree in different areas) encountered by women “victims” accessing the justice system:

• Application forms for domestic violence interdicts were too lengthy. Shorter forms were requested.
• More staff is required to assist women at various stages.
• The public is still illiterate and uninformed about the legislation.
• Although training of police officers is ongoing, there is a perception among certain SAP officials that violence against women is something that is not part of their ordinary work, but an extra burden placed on them.
• Lack of staff in certain courts and police stations further hamper the process.
• Language issues and lack of translators at some assistance points were lacking.
• There are problems with receiving the required assistance after hours with regard to applications.
• Lack of vehicles to fulfil duties toward victims.
• Shelters for women are mostly under the management of men.
• The areas of jurisdiction of the SAPS and the magistrates’ courts also pose a problem.
• The Domestic Violence Act has financial implications and all aspects have not been fully covered.
• The Act makes no provision for cases where violence occurs before the interim order has run out and the final order is in place.
• In rural areas, there are no specific medical facilities for victims as clinics are only open on certain days and for specific hours.
• Rape victims are taken into hospitals where there is a lack of crime kits and the necessary forms required.

Recommendations

Stakeholders from various sectors at the 1999 hearings, the 2000 visits to the three provinces and the 2001 road shows and workshop recommended that:

• The availability of and access to legal aid to women who are victims of violence be given urgent consideration by the stakeholders concerned.
• Urgent attention be given to increasing staff in key departments that work on gender-based violence.
• Both government and civil society give urgent attention to the establishment of shelters for abused women. This is also a project in which the private sector can make a specific and greatly needed contribution.
• Urgent attention be given to the availability of treatment of rape survivors of STD’s and other health risks, and that the Department of Health prioritises establishing the effectiveness of anti-retroviral drugs like AZT for rape survivors.
• An extensive public awareness campaign be undertaken in all languages through the use of electronic and print media about the rights of women to be free of violence. Such campaigns must address both women and men, and must target rural areas in an accessible way.
• Proper education on sex, sexual health, the crime of violence against women and alternative conflict resolution mechanisms (other than violence) at all levels in society be done.
• Investigate the possibilities of weekend incarceration, especially of perpetrators of domestic violence.
• Children have emerged as silent witnesses in domestic violence. An integrated approach is key to assist women and children to deal with the effects of violence. Support services to assist women and children should be linked to the courts.
• The application forms should be simplified.

• The judicial process should allow for women to be debriefed after the hearing in order for her to fully understand the terms of the protection order and how it can facilitate her protection. For more comprehensive details of the above as well as the recommendations and queries to government departments contained within oral and written submissions, please refer to the attached documents:

• Report on Violence against Women in South Africa based on the public hearings on Violence against Women held in November 1999 (February 2000).
• Draft Summary Report on Violence Against Women Hearings 1999 (July 2001).
• Report on the visit to Pietersburg (19 June 2000), Port Elizabeth (19 June 2000); Nelspruit (17 April 2000) by a delegation of Joint Monitoring Committee on the Improvement of the Quality of Life and Status of Women.
• National Conference Report - Enhancing the Participation of Women in the Law Making Process, 25 - 26 July 2001.
• Public Participation Unit, Parliament - Evaluation of Pilot Study on the Rural Women’s Project (September 2001).

Conclusion

The legislative process in terms of addressing gender-based violence and increasing women’s substantive equality in South Africa is highly commendable if one notes the time- period in which changes were effected. However, for the cycle of violence to be broken in South Africa, the interlinkages and crosscutting issues between violence against women, poverty and HIV/AIDS within the development framework needs to be more thoroughly scrutinised.

1. Violence Against Women Hearings. Report. June 1998.
2. Address to the Nation on National Women’s Day, 9 August 1999
3. Article 1 of Annex F to CEDAW
4. Article 2 of Annex F to CEDAW
5. Article 4(d) of Annex F to CEDAW
6. Act 116 of 1998
7. Act 133 of 1993
8. Criminal Procedure Amendment Act 75 of 1995
9. Criminal Procedure Amendment Act 105 of 1997
10. It was decided that this kind of provision is perhaps better and more suitably located within the revised and comprehensive Child Care Act 74 of 1983.
11. Though this is comprehensively dealt with in the Labour Relations Act 66 of 1995, it means that people in employment are protected from sexual harassment. It seems clear that there are other areas where this is likely to take place. Thus further investigations and proposals will need to be made in this regard.
12. The Commission on Gender Equality reported to the Committee that it was in the process of conducting research on judgements on rape, as well as drafting of sexual offences legislation and other legislation which impact on women.

In its June 1998 report on the Violence Against Women Hearings, the Committee described a submission by Rape Crisis and UWC’s Community Law Centre regarding the Namibian draft bill on sexual assault. This bill dealt with, inter alia, a redefinition of rape, minimum sentences for rapists, order for payment of compensation to the complainant, mandatory commencement of rape trials within three months of date of arrest, disallowing a negative inference based solely on the length of the delay between the alleged rape and the laying of a complaint, the right of a complainant to be legally represented during criminal proceedings, and the prohibition of evidence relating to the previous sexual history of the complainant.

1. Submission H
2. Submission Y
3. The President of the Regional Court for the Western Cape reported that there was currently a backlog of 7000 cases in the Western Cape regional courts. The present delay between complaint and trial was approximately 9 months.
4. The SAPS’s submission on its Family violence, Child Protection and Sexual Offences Units specifically mentions the difficulties caused by numerous postponements of cases involving child witnesses, as well as trauma suffered by a child witness as a result of a postponement.
5. From the submissions of the Masimanyane Women’s Support Centre, UCT’s Institute of Criminology’s Gender, Law and Development Project, the Tawanarang Legal Advocacy Centre to End Violence Against Women and the Commission on Gender Equality.
6. Ilitha Labantu reported that, in rural Transkei, police dockets mysteriously disappeared on a regular basis.
7. As appears from the Committee’s Second Annual Report (January 1998 - March 1999), page 15, initially only 200 copies of the Guidelines were distributed. When the Committee raised concerns, the Department raised donor funding to ensure the printing of sufficient numbers of copies of the Guidelines.
8. As reported in the Committee’s June 1998 report on the Violence Against Women Hearings.
9. Submission X
10. Submission BB
11. Reported by the President of the Regional Court for the Western Cape
12. Submission BB
13. Submission BB
14. Act 105 of 1997
15. Submission BB
16. Submission CC
17. Submission H
18. Reported by Ilitha Labantu in the context of rural Transkei
19. Submission CC
20. Submission Z
21. Submissions by Carol Bower, Rape Crisis Cape Town (A), Beauty Ntuli, WACA Advice Centre (D).
22. Criminal Procedure Amendment Act 105 of 1977.
23. This view was expressed in the written submission of, inter alia, the Commission on Gender Equality.
24. Prepared by Nicolette Naylor, a researcher for UWC’s Community Law Centre’s Gender Project.
25. 1999 JDR 0410 (W) dated 10 June 1999
26. 1999 JDR 0336 (W) dated 6 May 1999
27. 1999 JDR 0473 (O) dated 11 August 1999
28. 1999 (1) SACR 502 (W)
29. Unreported judgement dated 28 July 1999, Case No 29/99, Free State
30. Summarised
31. Draft Position Paper “Framework for Transformation of the Judiciary” prepared by the Department of Justice and revised in March 1999
32. As reported in the Committee’s November 1998 Report on Government’s Implementation of CEDAW and the BPA, page 81.
33. This report is based on an investigation of the conduct of the SAPS members responsible for the investigation of the rape of Nomboniso Gasa on Robben Island.
34. As reported in the Committee’s June 1998 report on the Violence Against Women Hearings.
35. Reported by National Network on Violence against Women
36. Reported by Ilitha Labantu
37. Recorded by UCT’s Institute of Criminology’s Gender, Law and Development from women about the SAPS during their research amongst rural Southern Cape women. These experiences were confirmed by, inter alia, Nisaa.
38. Reported by the National Network on Violence against Women
39. Findings of research conducted by UCT’s Institute of Criminology’s Gender, Law and Development Project amongst rural women in the Southern Cape
40. Reported by the Commission on Gender Equality and the National Network on Violence Against Women
41. Reported by Nisaa
42. Reported by National Network on Violence Against Women
43. Article 4(i) of Annex F to CEDAW
44. An “information note” prepared for Director Heunis
45. UCT’s Institute of Criminology’s Gender, Law and Development Project’s research report entitled “Violence Against Women in the Southern Cape: Exploring Access to Justice Within a Feminist Jurisprudence Framework”
46. Reported by National Network on Violence Against Women
47. Recorded by UCT’s Institute of Criminology’s Gender, Law and Development from women about the SAPS during their research amongst rural Southern Cape women
48. The Committee received a written submission from P C Willis arguing for the incorporation of fingerprinting and DNA identification coding on the new national identity “smart card”. The Committee has not investigated this issue, nor were any questions put to the relevant government departments in this regard.
49. Expressed by, inter alia, the Gender Advocacy Programme
50. Act 23 of 1957 (as amended)
51. Act 74 of 1983 (as amended)
52. Act 65 of 1996 (as amended)
53. In its 1998 report, the Department of Justice reported back on a Canadian study tour on dealing with violence against women, and the lessons drawn from the tour listed the need for counselling for victims, as well as the necessity of establishing shelters and safe houses for survivors.
54. UCT’s Institute of Criminology’s Gender, Law and Development Project’s research report entitled “Violence Against Women in the Southern Cape: Exploring Access to Justice Within a Feminist Jurisprudence Framework”
55. In its submission, the Gender Advocacy Programme stated that support services such as shelters, financial support, legal assistance, police protection, access to housing, education, training, employment opportunities, psychological services are all required to assist women to transcend the cycle of abuse.
56. Reported in the Committee’s November 1998 Report on Government’s Implementation of CEDAW and the BPA, page 34
57. “Violence Against Women in the Southern Cape: Exploring Access to Justice Within a Feminist Jurisprudence Framework”
58. These questions were raised by the Committee with the Parliamentary Transport Committee in August 1997.
59. Reported by UCT’s Institute of Criminology’s Gender, Law & Development Project
60. “Violence Against Women in the Southern Cape: Exploring Access to Justice Within a Feminist Jurisprudence Framework”
61. Reported by both the Women’s Health Project and UCT’s Institute of Criminology’s Gender, Law and Development Project
62. Also reported by UCT’s Institute of Criminology’s Gender, Law and Development Project
63. Research report by UNISA’s Institute for Social and Health Sciences on rape surveillance at the Hillbrow, Lenasia South and Chris Hani Baragwanath medico-legal clinics during 1996 to 1998. 23,6% of rape survivors waited between 3 and 5 hours, 10,7% waited between 5 and 7 hours, and 10,9% waited for longer than 7 hours.
64. The Women’s Health Project. Tswaranang Legal Advocacy Centre to End Violence Against Women mentioned that there is often a callous, unsympathetic and even biased treatment of women who are abused or rape victims.
65. Reported by Women’s Health Project
66. In CERSA’s report on their research among women in the Eastern Cape, Mpumalanga and the Northern Province, it emerged that 71,4% (Eastern Cape), 93,3% (Mpumalanga) and 90% (Northern Province) of women who received health care told the hearth care worker who had injured them.
67. Based on research reports by the Women’s Health Project and the Centre for Epidemiological Research of South Africa at the Medical Research Council.
68. These issues were raised by the Committee with the Parliamentary Health Committee in August 1997
69. CERSA in Submission N
70. Submission O
71. As recorded by Lisa Vetten in Submission 1G
72. Submission 1G
73. As reported by CERSA in Submission O, page 21.
74. The Minister also stated that South Africa is the only country in the world in which the use of AZT to treat health care workers, following needle-prick injuries, is registered.
75. Submission 1H
76. Submission 1C
77. In its 1998 report, the Department of Justice reported back on a Canadian study tour on dealing with violence against women, and in the lessons drawn from the tour listed the need for rehabilitation for offenders. This issue was also raised by UWC’s Community Law Centre.
78. A female prisoner may, subject to prescribed conditions, be permitted to have her child with her until the child is five years of age.
79. The research report points out that, when interpreting these statistics, one should bear in mind that the sample only represents reported rapes.
80. “Violence Against Women in the Southern Cape: Exploring Access to Justice Within a Feminist Jurisprudence Framework”
81. During the course of the hearings, the Committee’s Chairperson suggested that future hearings of the Committee be held in rural areas such as Transkei.
82. “He must give me money, he mustn’t beat me” - Violence against women in three South African provinces
83. “Sex, violence and construction of love among Xhosa adolescents: putting violence on the sexuality education agenda”
84. “‘Love is a dangerous thing’: micro-dynamics of violence in sexual relationships of young people in Umtata” (Submission N)
85. Compiled by, inter alia, the Medical Research Council and the Department of Health
86. The MRC’s CERSA found in research conducted amongst women in the Eastern-Cape, Mpumalanga and the Northern Cape that between 19% and 28% of women had experienced abuse by a current or ex-partner.
87. “Access to Justice for Rural Women” - Research Report by the Gender, Law and Development Project, Institute of Criminology, University of Cape Town, page 22. 100.”Access to Justice for Rural Women” - Research Report by the Gender, Law and Development Project, Institute of Criminology, University of Cape Town, page 22. 101.Finding of a research report conducted by the University of South Africa’s Institute for Social and Health Sciences on rape surveillance at the Hillbrow, Lenasia South and Chris Hani Baragwanath medico-legal clinics. This report also found that, in cases of multiple attackers, the attack was more likely to be perpetrated by strangers to the victim, and in open spaces; single perpetrators were more likely to attack victims they knew and 48,2% of such attacks occurred in homes. These findings are echoed in the research findings among rural women in the Southern Cape by UCT’s Institute of Criminology’s Gender, Law and Development Project, which records that, in 55% of the rapes reported in their study, victims knew the offender by name or by sight. 102.Submission by the Masimanyane Women’s Support Centre 103.Lisa Vetten in submission 1G, page 7 104.Submission 1G 105.Submission Z 106.This submission is contained, inter alia, in the introduction to CERSA’s submission O. 107.Rob Turrell, in submission V, gave the Committee an historical overview of the circumstances in which the death penalty was handed down for rape in South Africa. 108.Submission 1I 109.Submission by Professor Jacklyn Cock, Department of Sociology, University of the Witwatersrand, page 1. 110.This phenomenon was raised at the hearings in various submissions. 111.Also reported by Nisaa 112.This statement was supported in a submission by Judith Smith of Women’s Media Watch (B), Beauty Ntuli, WACA Advice Centre (D) 113.In its submission, UCT’s Institute of Criminology’s Gender Law and Development Project reported that women who were victims of violence received little or no support from family or the community; women were often too scared of retaliation to help other women, and the survivor feared public humiliation and ostracism by family and friends should she speak out. 114.Submission by the Masimanyane Women’s Support Centre 115.Article 4(j) of Annex F to CEDAW 116.As reported in the Committee’s November 1998 report on Government’s implementation of CEDAW and the BPA. 117.These issues were raised by the Committee with the Parliamentary Education Committee during August 1997 118.In accordance with government’s obligations in terms of Article 10(c) of CEDAW 119.Article 4(h) of Annex F to CEDAW 120.The Committee’s November 1998 report on Government’s Implementation of CEDAW and the Beijing Platform for Action, page 13 121.At pages 44 and 45. 122.Department of Welfare’s NCPS VEP paper dated May 1998, Annexure A, Cluster Three, number 3.1, page 16. 123.Department of Welfare’s NCPS VEP paper dated May 1998, Annexure A, Cluster Three, number 3.2, page 17. 124.Department of Welfare’s NCPS VEP paper dated May 1998, Annexure A, Cluster Three, number 3.3, page 17. 125.Department of Welfare’s NCPS VEP paper dated May 1998, Annexure A, Cluster Three, number 3.4, page 18 126.Department of Welfare’s NCPS VEP paper dated May 1998, Annexure A, Cluster Three, number 3.5, page 18 127.Department of Welfare’s NCPS VEP paper dated May 1998, Annexure A, Cluster Three, number 3.6, page 19 128.Department of Welfare’s NCPS VEP paper dated May 1998, Annexure A, Cluster Four, number 4.1, page 22 129.Department of Welfare’s NCPS VEP paper dated May 1998, Annexure A, Cluster Four, number 4.9, page 26 130.Department of Welfare’s NCPS VEP paper dated May 1998, Annexure A, Cluster Four, number 4.12, page 27 131.Department of Welfare’s NCPS VEP paper dated May 1998, Annexure A, Cluster Four, number 5.2, page 29 132.This issue was raised by the Committee at the Justice Committee Hearings 133.Including Nisaa and ADAPT 134.Submission O 135.Statements from a 1999 research report by UCT’s Institute for Criminology’s Gender, Law & Development Project, “Violence Against Women in the Southern Cape: Exploring Access to Justice Within a Feminist Jurisprudence Framework” 136.Statements from the Department of Welfare’s NCPS Victim Empowerment Programme paper dated May 1998 137.Reported in the Committee’s Second Annual Report (January 1998 - March 1999), page 53. 138.This issue was raised by the Committee with the Parliamentary Health Committee in August 1997. 139.As reported in the Committee’s November 1998 report on Government’s implementation of CEDAW and the BPA, page 44 140.Articles 4(e), 4(o) and 4(p) of Annex F to CEDAW 141.Statement from a letter addressed to the Committee chairperson by the Minister for Welfare and Population Development in June 1998. 142.Statement in the Department of Health’s 1998 progress report to the Committee 143.Article 4(k) of Annex F to CEDAW 144.Submission by the MRC’s CERSA in its report on research on violence against women in three South African provinces 145.White Paper on Safety and Security of 1998 146.Recommendations of the Commission on Gender Equality and the Centre for Rural Legal Studies 147.Recommendation by the President of the Regional Court for the Western Cape 148.GAP also recommended that Magistrates be provided with clear guidelines on what constitutes “undue harm” for the purpose of the Domestic Violence Act. 149.Recommendation by GAP 150.Recommendation by GAP 151.Recommendation by the President of the Regional Court for the Western Cape 152.The Commission on Gender Equality reported to the Committee that it was investigating the possibility of incorporating the CGE into the JSC to ensure the appointment of a more gender-sensitive judiciary. 153.The Committee was addressed in this regard by Constitutional Court Judge Kate O’Regan, who had attended a judicial colloquium on the application of international human rights law at the domestic level. 154.Recommendations by the Commission on Gender Equality, ADAPT, the Minister of Justice and the Chair of the Parliamentary Justice Committee 155.UNISA’s Institute for Social and Health Sciences reported that, in their research conducted on rape surveillance at the Hillbrow, Lenasia South and Chris Hani Baragwanath medico-legal clinics from 1996 to 1998. Weapons were used in 54,9% of attacks. In 35,3% of cases, such weapons were firearms. 156.Recommendation by the MRC’s CERSA 157.Reported by the National Network on Violence Against Women 158.A need identified by both the Director of Public Prosecutions and the President of the Regional Court for the Western Cape 159.The National Network on Violence Against Women reported repeated requests by women for counselling by female officers. 160.Recommendation by UNISA’s Institute for Social and Health Sciences 161.Recommendation by Gender Advocacy Programme 162.Recommendation by the MRC’s CERSA. This issue was also raised in the White Paper on Safety and Security “In Service of Safety” 1999 - 2004 - September 1998 163.Issue raised by the Department of Welfare 164.Recommendation by ADAPT 165.Recommendations by the Centre for Rural Legal Studies, the Commission on Gender Equality and the National Network on Violence Against Women 166.Issue raised by the Director of Public Prosecutions. Women’s Health Project also reported that general practitioners were wary and ill- equipped to deal with the non-physical aspects of domestic violence, such as offering counselling and referring the survivor to social structures for assistance. 167.Recommendation by Masimanyane 168.The Department of Correctional Services recommends that this fund be created by the Department of Justice. 169.The Department of Correctional Services recommends that this fund be provided for by this Department. 170.Recommendation by the Masimanyane Women’s Support Centre, the MRC’s CERSA and the National Network on Violence Against Women 171.Recommendation by the Gender Advocacy Programme 172.Recommendation of the MRC’s CERSA 173.Recommendation of the MRC’s CERSA 174.Recommendation by MRC’s CERSA 175.Recommendation by the MRC’s CERSA. COSATU has already initiated a campaign on violence against women and produced a guide for shopstewards on this issue. 176.Recommendation by the MRC’s CERSA 177.Recommendation by the MRC’s CERSA 178.Recommended by the MRC’s CERSA in their research report on “Sex, violence and constructions of love among Xhosa adolescents: putting violence on the sexuality agenda” 179.Recommendation by CERSA in submission N 180.A list of stakeholders that provided written and oral inputs if listed at the back of the main report, February 2000. 181.A list of stakeholders that provided written and oral inputs and research papers is listed at the back of the main report, February 2000.

Report to be considered.