Governance

After weeks of countrywide public hearings on which hundreds of thousands of taxpayers’ rands were spent, the department of justice and the select committee on security and constitutional development received a rude wake-up call on the controversial Traditional Courts Bill, reports City Press. Most of the provinces either rejected the bill or asked for massive changes. In what can be described as a victory for rural women, who have waged war against the bill since it was tabled in 2008, the department of justice will have to go back to the drawing board.

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It’s back to the drawing board for justice department as most provinces reject proposed legislation

The controversial Traditional Courts Bill is still with us – albeit mortally wounded and limping painfully towards the parliamentary cupboard.

After weeks of countrywide public hearings on which hundreds of thousands of taxpayers’ rands were spent, the department of justice and the select committee on security and constitutional development received a rude wake-up call this week.

Most of the provinces either rejected the bill or asked for massive changes.

The Traditional Courts Bill currently under discussion in South Africa’s parliament and due to be enacted by the end of 2012 could undermine the basic rights of some of the country’s most vulnerable inhabitants: the 12 million women living in remote rural communities across the country.

The bill aims to "provide more South Africans improved access to justice" by recognising traditional authorities and laws. Through it, traditional leaders in remote areas would be given unilateral power to create and enforce customary law.

The bill sparked an outcry in 2008 when it was first tabled in the National Assembly. But with it due to come into effect at the end of 2012, civil rights groups are becoming increasingly vocal in their demand to have it declared unconstitutional.

The bill will allow traditional leaders to hear civil cases including disputes surrounding contract breach, damage to property, theft and crimen injuria or "unlawfully, intentionally and seriously impairing the dignity of another," if such assault does not result in grievous bodily harm.

But many civil rights groups have slammed the proposed bill. According to Jennifer Williams, director of the Women’s Legal Centre in Cape Town, South Africa, the bill would "place all power in the hands of a single individual – in almost all cases a man – and effectively make him judge, jury and implementer."

The proposed law results from consultations between the state and traditional leadership structures. It ignores the voices of millions of rural women disenfranchised by those structures.

The Traditional Courts Bill is meant to replace the Black Administration Act of 1927 with a law that is constitutional.

Instead, if passed, it will in effect strip between 17 million and 21 million people living in rural South Africa of many of the rights we enjoy in the rest of the country.

About 59% of these people are women, who, along with other members of their communities, will cease to be citizens and exist only as subjects.

As is stands, the bill creates a separate legal system for rural folk, geographically recreating the old Bantustans with no irony on the eve of the centenary of the 1913 Land Act.

In the run up to the local government elections to be held on May 18th in South Africa, On April 15th2011, The Commission on Gender Equality together with the Independent Electoral Commission hosted a political party dialogue held at the Constitution Hill in Johannesburg. The purpose of the dialogue was to engage the IEC and political parties on the 50:50 gender quotas and women’s participation in elections. The event saw a number of key political parties, media, stakeholders in gender equality sector as well as ordinary men and women in the country converging to Constitution hill. Acting chairperson of CGE, Mfanolezwe Shozi warmly welcomed everyone. He noted that MDG3 recognises that women have equal right as men on all spheres therefore it was critically that women are represented in decision-making processes. He further posed a question to political parties present as to whether traditional leaders have influence on whether women vote or not. He concluded his welcome address by saying that “progress for women is a progress for all”. Mr David Dlali, Special Advisor to the Department of Women, Children and People with disabilities gave a keynote address on behalf of the department which although was great, was not warmly welcomed by members of the opposition who felt that the minister herself is never available in discussion about women’s issues and questioned why a man was sent to talk about women’s issues and why the department had a man instead of a woman as an advisor.

 

Local government elections are to be held on the 18th May. Once again we the voting public will be serenaded with posters, promises, propositions and propaganda. After four general elections, characterized by personal vilification, will this local government election be any different? Will the parties contesting the election once again engage each other in a battle of invective? Or will we, as the electorate, be enticed by a choice that is more compelling and that makes us reflect on our voting habit. After 16 years of democracy, we have learnt a few things. Do our politicians appreciate this?
Helen Zille in her weekly newsletter had an interesting piece on what some analysts call "political consolidation". "In truth" she says, "establishing a democracy – as we in South Africa know better than most – is a precarious business. Look how many times our own constitutional negotiations stalled over seemingly intractable disagreements, against a backdrop of escalating political violence. There was never any guarantee that we would reach a negotiated democratic settlement. Most often, it seemed as if the odds were stacked against it. Thankfully, in the end, common sense prevailed."

 

The appointment of Margaret Nasha as the first woman to occupy the post of Speaker of the National Assembly in Botswana signals another step towards gender equality in southern Africa. 

A draft bill before the Ugandan parliament that seeks to impose stricter sanctions on homosexuality would drive men who have sex with men further underground, making it even more difficult for them to access HIV services, according to AIDS activists.

Julius Malema, the ANC Youth League has reminded President Jacob Zuma that youth votes did not come cheap. 

The IFP Youth Brigade has apologised for calling on the party leader Mangosuthu Buthelezi to step down.  They said they did not meant it.