Gender Justice Barometer, Issue 14: May 2007
Date: July 29, 2009
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Southern Africa
Gender Justice Barometer
Issue 14: May 2007
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The Gender Justice Barometer is a joint project of Gender Links and the Gender and Media Southern Africa (GEMSA) Network
  IN THIS ISSUE:
In this issue:
1. South Africa: Where is the Sexual Offences Bill?
2. South Africa: Localising the 365 Day National Action Plan to End Gender Violence
3. South Africa: DPLG takes gender agenda to another level
4. LEGISLATION
* Mauritius: Sexual Offences Bill continues to be under the spotlight
*Africa: SOAWR update on the Protocol on the Rights of Women in Africa
* South Africa: Not enough done for rape survivors
5. INTEGRATED
APPROACHES
*Namibia: Gender Based Violence conference to be held soon
* Mozambique: Network of Women Ministers and
Parliamentarians formed
6. SOCIAL, ECONOMIC AND POLITICAL FACTORS
*Botswana: The Voice Launch HIV/Aids And Gender Policy
* South Africa: Healing
sexual abuse wounds of the past: new book reflects on Zuma trial
* South Africa: Glass Ceiling Two: Women and men in South Africa News rooms
7. OPINION AND ANALYSIS*Malawi: Access to services vital for mothers
* Lesotho: Women and
chiefs square up in local government
* Zimbabwe: Women’s
struggle for equity goes on
8. UPCOMING EVENTS
Regional: Upping the Stakes on the Gender Agenda
We encourage your feedback, comments and information you would like us to include. Send an email to:
Loveness Jambaya-Nyakujarah
justice@genderlinks.org.za
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1. South Africa: Where is the Sexual Offences Bill?
Non-consensual, penile penetration of a woman – whether it be anal or vaginal – constitutes rape, the Constitutional Court ruled on Thursday 10th May. However, it refused to find that non-consensual anal penetration of a man is rape, holding that this is the function of the legislators and not the court.
It is also disturbing that a 44 year old man got away with raping a nine-year old girl and charged with indecent assault because at the time of committing the offence and consequent court trials, anal penetration was not considered rape under the common law. The definition of rape however, has since been extended.
The ruling is a strong indicator, if ever there was one needed, of why we need the sexual offences bill. If passed this would make a difference in that under the definitions and interpretations of the Criminal Law (Sexual Offences) Amendment Bill rape is defined as:
A person who unlawfully and intentionally commits an act which causes penetration to any extent whatsoever by the genital organs of that person into or beyond the anus or genital organs of another person, or any act which causes penetration to any extent whatsoever by the genital organs of another person into or beyond the anus or genital organs of the person committing the act, is guilty of the offence of rape.
It further explains that an act which causes penetration is prima facie unlawful if it is committed in any coercive circumstance. The bill defines “coercive circumstanceÀ in as:
An abuse of power or authority to the extent that the person in respect of whom an act which causes penetration is committed is inhibited from indicating his or her resistance to such an act, or his or her unwillingness to participate in such an act.
The Criminal Law (Sexual Offences And Related Matters) Amendment Bill approved by the Justice Portfolio Committee in November 2006 recommends that “Repealing the common law offence of rape and replacing it with a new expanded statutory offence of rape, applicable to all forms of sexual penetration without consent, irrespective of gender.À
It is therefore inexplicable why this legislation has not yet been passed. It is also shocking that this man should get away with raping a nine year old on the basis that it was anal sex.
2. South Africa: Localising the 365 Day National Action Plan to End Gender Violence
Local government is well placed to play a leading role in creating a South Africa free from gender based violence because it is the sphere of government that is closest to the people. Following the launch of the 365 Day National Action Plan to End Gender Violence, local government agencies are taking steps to bring the action plan to the people in different provinces.
SALGA North West is spearheading district consultative workshops in May to draft action plans on ending gender violence for each of the four districts. This will culminate in the drafting of a provincial plan in which priority actions will be identified and targets set that will be finalised at a provincial multi-sector 365 Day conference set for August this year.
As these plans are being drawn up some of the actions that local government can prioritise to ensure women’s safety include:
The list is not exhaustive but demonstrates that local government indeed does have a role to play in ending and mitigating the impact of gender based violence.
SALGA North West becomes the second province after SALGA Gauteng to hold a local 365 Days of Action against gender violence conference.
3. South Africa: DPLG takes gender agenda to another level
SALGA Gauteng in collaboration with Gender Links is convening a meeting to review the Department of Provincial and Local Government (DPLG) Gender Policy Framework.
The objectives of the meeting include:
The vision articulated in the framework is to ensure “A well-co-ordinated system of government consisting of National, Provincial and Local spheres working together to achieve equitable and sustainable development and service delivery for women and menÀ.
4. LEGISLATION
Mauritius: Sexual Offences Bill continues to be under the spotlight
The Mauritius Sexual Offences Bill continues to receive attention as steps are being taken to finalise it before being passed into law. While there are concerns with regard to some of the content in the bill as well as omissions there are many positive aspects that should be applauded.
For example, the Sexual Offences Bill encompasses a wider definition of rape, including marital rape, as well as protection against human trafficking and harsher penalties. It recommends provisions for comprehensive treatment and empowerment of victims, and video recording of complaints to reduce distress of survivors.
On the other hand there are still concerns about the legalisation of anal sex. We know too well that women do make complaints in private on marital rape, sodomy and putting the penis and other objects in parts of their bodies. Some points still need clarification, such as sex trafficking of children and adults and offences covering commercial sexual exploitation related to pimps.
Mauritius Media Watch Organisation (MWO-GEMSA) will be holding a meeting on Thursday 17th May at 5.00 p.m. to review the Sexual Offences Bill and make recommendations which will be sent to a Select Committee appointed by the Speaker of the Legislative Assembly. A copy of the bill can be downloaded from the website of the Government of Mauritius.
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The Permanent Secretary in the Ministry of Gender Equality and Child Welfare, Sirkka Ausiku, told New Era yesterday that the highlight of the conference would be the launch of the “eye story”, a documentation of testimonies by survivors of violence. Prime Minister Nahas Angula will do the launch.
Source: New Era
Mozambique: Network of Women Ministers and Parliamentarians formed
Mozambican Prime Minister Luisa Diogo launched in Maputo the “Network of Women Ministers and Parliamentarians” (MUNIPA), formed by women who are current or former members of the government or of the country’s parliament, the Assembly of the Republic.
Opening the founding meeting of the new organisation, Diogo said that the network aims to strengthen advocacy and lobbying activities so that policies and legislation are adopted favourable to gender equity and women’s empowerment. Read full article.
Source: AllAfrica.com
6. SOCIAL, ECONOMIC AND POLITICAL FACTORS
Botswana: The Voice Launch HIV/Aids And Gender Policy
The Voice made another first on World Press Freedom Day, launching a comprehensive HIV/AIDS and Gender Policy. The policy, the first of the Media Action Plan (MAP) driven processes, will guide the newspaper in dealing with issues of HIV/AIDS and gender.
The Voice believes that it is the moral responsibility of each individual including its staff and the public to curb the spread of the HI virus. In her remarks, the newspaper’s Consulting Production Editor, Emang Bokhutlo, noted that the comprehensive policy was a result of every staff member’s concerted effort. She said with respect to the newspaper’s editorial practices, it is hoped that all stories and photographs
published would be based on the principles and ethics of good journalism with respect to HIV/AIDS. Read full article
Source: AllAfrica.com
South Africa: Healing sexual abuse wounds of the past: new book reflects on Zuma trial
Mmatshilo Motsei
It took a few minutes of Jacob Zuma’s irresponsible behaviour as a man, a political leader, father figure and elder to bring out in the open, the best kept secret of sexual wounds of the liberation struggle in South Africa.
The well-known events at a house in Forest Town on the night of 2nd November 2005 became the centre of public attention. By courageously speaking out, the young woman, known variously as ‘Khwezi’ and ‘the complainant,’ amplified the muffled screams of women raped by those who parade the corridors of parliament, government, corporations, and religious and traditional institutions today. Read full article
South Africa: Glass Ceiling Two: Women and men in South Africa News rooms
While there are now roughly equal numbers of women and men in South African newsrooms, women, and especially black women, are still scarce in senior and top management echelons, as well as in the hard news beats. On average, women earn twenty percent less than men in newsrooms; and black women earn twenty five percent less than white men.
7. OPINION AND ANALYSIS
Malawi: Access to services vital for mothers
By Daniel Manyowa
As we observe Mother’s Day this 13 May, it is a time to celebrate motherhood, honour our mothers, and recognise the vital role that they play in society and in all of our lives. Yet when it comes to celebrating and recognising this vital role, we must also give thought to what this means in the current era of HIV/AIDS. Read full article
Lesotho: Women and chiefs square up in local government
By Susan Tolmay
Chief Toka Letsie is one of two chiefs that sits on and represents the other chiefs in the 22 person Quthing District Council, as determined by local government legislation in Lesotho. Most chiefs and councillors at the district level are men. However, Letsie inherited his chieftaincy from his mother; the reason, perhaps, why he is more open to having women play a role in the decision-making of the community. Read full article
Zimbabwe: Women’s struggle for equity goes on
By Dr Fareda Banda
It seems a lifetime ago that Zimbabwe’s government showed its support and respect for women when it refused to accede to a request by a visiting Iranian delegation that women should not be seated at the top tables at a state dinner.
The government noted that women had fought alongside men in the liberation struggle and therefore could not be ignored or treated as second-class citizens.
This was not a one-off. The early years saw the creation of a Ministry of Women’s Affairs headed by the current vice-president and the passing of the controversial Legal Age of Majority Act, which transformed the legal landscape for women. The Act proclaimed that like men, women who reached the age of 18 could enter into contracts and make decisions that affected them by themselves. Read full article
Source: Kubatana.net
8. UPCOMING EVENTS
Regional: Upping the Stakes on the Gender Agenda
Date: 28th May À“ 1st June
Venue: Johannesburg
Now in its fifth year, Management and Leadership Development (MLD) run by the International Quality Productivity Centre (IQPC), aims at equipping female managers with skills to help them excel in their leadership positions.
High ranking government women from Southern Africa addressing the conference will include Swaziland’s deputy Prime Minister, Honourable Constance Simelane, speaking on women being positive forces in management and leadership development, and Namibian Gender Equality and Child Welfare Minister, Marlene Mungunda who will talk about mobilising women to be more innovative and experiential in achieving their full potential.
The conference would also address issues of violence against women, service delivery in the rural areas, prioritisation of education for women, balancing work and home responsibilities, as well networking skills highlighted by an introduction to golf.
Other confirmed speakers include SAPS Deputy National Commissioner HR Management and Legal Services: Dr Mala Singh, CEO: Office On The Status of Women in The Presidency: Susan Nkomo, celebrity and 3 Talk show host:
Noeleen Maholwana Sangqu, Pretoria University Vice Chancellor: Professor Nthabiseng Ogude and SA Navy Director Naval Transformation: Khanyisile Litchfield-Tshabalala.
Media Contact: Tambu Jonhera
Phone: 011 463 7978
Mobile: 072 310 9182
E-mail: tambuj@amavacomms.co.za
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