Ten years into our democracy gender inequalities remain a central challenge in South Africa.  Since 1994, we have seen significant changes in policy development across government departments that reflect its commitment to responding to this challenge.  However, implementation of progressive policies has been uneven and high levels of unemployment, HIV/AIDS and sexual violence have equated to an assault on South African women which government structures and policies have battled to respond to, and in some areas have perpetuated.  

 

Three recent Women's Budget reports published by the Institute for Democracy in South Africa (IDASA)   under the title Investigating the Implication of Ten Years of Democracy for Women provide an in-depth analysis of these issues in relation to the departments of Justice and Constitutional Development, Labour and Social Development 

  

Poverty  

Poverty continues to pervade our society with approximately 40% of our population affected.  Women, as the primary care givers within the domestic environment, bear much of the burden of poverty. One response is through the department of Social Development’s administering of social security grants, which take up the bulk of the provincial Social Development budgets.  There has been a significant growth in the welfare budget over the past decade in both nominal and real terms.

  

The department has made considerable progress since 1998 in the amount of people it reaches through its social grants programme.  Currently grants reach close to 6 million people, and this figure is projected to grow for a number of reasons, including the extension of the Child Support Grant, effects of the HIV/AIDS pandemic, and possible policy changes that will affect children and the aged.  For practically all the grants women are the primary beneficiaries. While the beneficiaries of grants have increased, inefficiency and lack of capacity are still identified as challenges in administering these grants.

  

The Child Support Grant (CSG) has been one of the most effective mechanisms catering for vulnerable groups of women and children, targeting three million children up to 14 years old, with R170 per month.  Nonetheless, problems in the transition between the grants have meant that many children will never benefit from it.  It is also worrying that when inflation is accounted for, existing grants such as the Old Age Pension, Care Dependency and Disability grants have declined in their real value since 1997. 

  

Our new democracy is tainted by an increasing unemployment rate for both women and men.  Women continue to account for more than half of all the unemployed people, with African women facing the highest rates of unemployment. 

  

Racial inequalities remain a central part of the problem. While the past decade has shown some changes, many have taken place predominantly at the top layers of the labour force. The bottom layers remain overwhelmingly black and the disadvantages of women continue.

  

The Department of Labour (DOL) is strategic to containing some of the most severe effects of unemployment. The Unemployment Insurance Fund (UIF) is one of the government safety nets in response to unemployment. The UIF has undergone a major overhaul in the past five years with higher earners being included, allowing for cross-subsidisation of lower-paid workers.   However, as the fund covers only a portion of previous wages, which are often extremely low, UIF payouts are often inadequate to cover living expenses.

 

African women comprise over half the informal sector. The absorption of women into the informal economy is a mixed blessing. While it helps those excluded from the formal economy, it often places people in extremely tenuous and vulnerable position. There is very little unionization in this sector and written contracts, UIF payments, medical and pension plans are for the most part absent. Thus, the increasing extension of the DOL mandate into this sector is welcome.

 

Together, the 1995 Labour Relations Act and 1997 Basic Conditions of Employment Act have provided protection for pregnant women against dismissal and provided for longer maternity leave, family responsibility leave as well as stricter limits on hours of work; thereby improving working conditions for women. 

  

In the context of high levels of sexual and domestic violence, the South African justice system has often failed women.  The department of Justice and Constitutional Development has recognized the critical importance of these issues and taken steps towards addressing them, such as attempting to implement a transformation of the justice system to make it more sensitive to the particular needs of women. The two major plans of action in this regard are Justice Vision 2000 and the Gender Policy Statement.  While this intent has been visible at higher levels, institutional change has been slow and plagued by a lack of personnel and resources.

  

Increased attention has been paid to prosecuting maintenance defaulters. There has also been improved legislation clearly outlining the responsibilities of the various departments though the Domestic Violence Act.  Yet these moves have failed in many respects to be translated in practice at a court room and institutional level.  There have, however, been moves to develop court room processes more sensitive to the needs of women.

  

The institution of the pilot project Family Courts in 1999 aimed at providing services in a holistic way by offering divorce, maintenance, domestic violence and children’s court services represent a positive innovation. Yet, five years later these courts remain pilot projects and have not been assimilated into the broader justice system, or responsibility for their budgets been clearly assigned, despite the interests of donors in investing in these courts. 

  

Within the National Prosecuting Agency, the Sexual Offences and Community Affairs Unit provides assistance to vulnerable women and children through sexual offence courts, of which there are 39 nationwide.  Another development are four Thuthuzela care centres around the country, where victims are provided with assistance from medical staff, police investigators and counsellors.

 

Yet, the need for such services overwhelms their capacity. These projects also appear to be funded entirely from donor money and not from government, which casts a question over the seriousness with which the department is dealing with the apparent need for a holistic and accessible justice system.

  

 

Women continue to be more vulnerable to problems, for example unemployment and poverty that plague our society.  Addressing gender inequalities therefore is a struggle that remains with us and we need to be vigilant in monitoring government’s progress – ensuring that commitments expressed in policy are actually implemented through services delivered and within departmental structures.  However, unless the macro-economic environment is improved to increase job creation and there is a significant social movement against sexual violence and unequal treatment inflicted on women, government institutions will continue to battle to cope with the symptoms of these deep social and economic problems.