Sonke Gender Justice

Publication Type: Parliamentary & Other Submissions

South African Parental Leave judgment October 2023 (Van Wyk and others Vs Minister of Employment and labour with amici case no 017842-2022)

The Johannesburg High Court has handed down a judgement that will now see South African fathers enjoy up to four months of parental leave and associated Unemployment Insurance Fund benefits. The matter was brought to court by a Polokwane couple, Werner and Ika van Wyk, with Sonke Gender Justice and the Commission for Gender Equality among other organisations appearing as amicus.

The verdict as delivered by Deputy Judge President Roland Sutherland, concluded that the provisions of the current BCEA regulating parental leave offend against sections 9 and 10 of the Constitution as they unfairly discriminate between mothers and fathers. Under the new interim conditions, new parents from a natural birth will be able to determine how the four months of parental leave is shared among themselves, while parents of surrogate children, and adoptive parents to children under the age of two will get to enjoy the same parental leave rights.

Sonke believes this ruling marks a new era of a more inclusive and equitable society, as well as recognising the diversity of modern family structures and that both parents play an integral part in the nurturing of children.

27 October 2023
Submissions with respect to the Prevention of Hate Crimes and Hate Speech Bill B9-2018

Sonke welcomes the publication of the Prevention of Hate Crimes and Hate Speech Bill (The Bill) by the Department of Justice and Constitutional Affairs. Sonke further welcomes the opportunity given to the public to provide comments and recommendations. We believe given the complexity and frequent occurrences of hate crimes and hate speech, the finalisation of this bill is critical to better address this multi-layered violence in our society.

Kindly take note, Sonke would welcome the chance to give oral submissions in Parliament should the opportunity so arise.

We also wish to note that as a member of the Hate Crimes Working Group, we support and endorse the submissions made by the Hate Crimes Working Group on the Bill.

4 October 2021
Submissions on the Children’s Amendments Bill B18-2020

Sonke Gender Justice is a non-partisan, non-profit organisation, established in 2006. Today, Sonke has established a growing presence on the African continent and plays an active role internationally. Sonke works to create the change necessary for men, women, young people and children to enjoy equitable, healthy and happy relationships that contribute to the development of just and democratic societies. Sonke pursues this goal across Southern Africa by using a human rights framework to build the capacity of government, civil society organisations and citizens to achieve gender equality, prevent gender-based violence and reduce the spread of HIV and the impact of AIDS.

Sonke has worked in various ways to promote positive parenting practices that include positive discipline strategies, a healthy supportive relationship between co-parents and supporting a child’s education, health and wellbeing. To encourage even wider acceptance of nonviolent parent-child relationships, Sonke drives a national, multipronged campaign to prohibit corporal punishment in all spaces in South Africa, and to promote the use of positive discipline strategies by parents.

Sonke welcomes the opportunity to make written submissions on the amendments to the Children’s Bill. Sonke’s submissions will focus primarily on the aspects of corporal punishment (Part 1) and its relation to ending violence of all forms against children, and on the rights of unmarried fathers in Part 2. Should the opportunity arise, Sonke would also be available to make oral submissions in parliamentary hearings on the same sections.

21 April 2021
Submissions with respect to the Criminal Law Sexual Offences & Related Matters Act Amendment Bill [B 16-2020]

The South African Constitution has been regarded as one of the most progressive constitutions in the world. The esteemed Ruth Bader Ginsburg during her tenure as a US Supreme Court Justice is on record for having said, “That was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights, had an independent judiciary … It really is, I think, a great piece of work that was done. Much more recent than the US Constitution.” Naturally, law and policy related to sexual and gender based violence (SGBV) in South Africa would be as progressive. Despite of the progressive law and policy, SGBV in South Africa is still on the rise. A look at the South African (SAPS) crime statistics over a three-year period shows the number of sexual offences reported for the 2016/2017 year as 49,6600; the 2017/2018 year as 50,108; the 2018/2019 as 52,420 a gradual increase of 4.6%. The question therefore remains, how to translate the progressive law as it into a reality for the benefit of the citizens.

9 October 2020
Submissions with respect to the call for public comment on the Gauteng Com Oversightbill

This submission analyses the Community Safety Bill considering the White Paper on Safety and Security (White Paper) endorsed by Cabinet in April 2016. The White Paper provides a strategic policy level and integrated approach for community safety, crime prevention and addressing violence in accordance with the National Development Plan’s objective of “Building Safer Communities”. The approach put forward in the white paper gives specific consideration for GBVF response and prevention.

21 August 2020
Submissions with respect to the Prescription in Civil and Criminal Matters (Sexual Offences) Amendment Bill [B 22b-2019]

The Constitutional Court’s decision in Levenstein and Others v Estate of the Late Sidney Lewis Frankel and Others 2018 ZACC 16 placed an onus on Parliament to enact remedial legislation within 24 months that would bring into effect its ruling on the unconstitutionality of Section 18 of the Criminal Procedure Amendment Act of 1977. Section 18 placed a bar of 20 years on the right to institute prosecution for all sexual offences other than rape, compelled rape, human trafficking and the use of persons who lack legal capacity for pornographic purposes.

31 July 2020
Joint Submission on COVID-19 and the Increase of Domestic Violence Against Women

Sonke Gender Justice, The Foundation for Human Rights (FHR) and Mosaic Training Service and Healing Centre would like to thank the Special Rapporteur on violence against women, its causes and consequences, Ms. Dubravka Šimonović, for the opportunity to submit inputs on the increase of gender-based violence against women and domestic violence in the context of the COVID-19 pandemic.

This submission will focus on setting out the available interventions by the South African government on gender-based violence and domestic violence during the COVID-19 period. Where possible, the submission will highlight any deviations from policies in place with anecdotal evidence.

The submission is divided into sections according to a contextual background of COVID-19 in South Africa and addresses questions posed by the Special Rapporteur in turn.

1 July 2020
Submissions on the Draft National Youth Policy 2020-2030

Sonke Gender Justice (Sonke) is a non-partisan, non-profit organization, established in 2006. Today, Sonke has established a growing presence on the African continent and plays an active role internationally. Sonke works to create the change necessary for men, womxn, young people and children to enjoy equitable, healthy and happy relationships that contribute to the development of just and democratic societies.

Sonke pursues this goal across Southern Africa by using a human rights framework to build the capacity of government, civil society organisations and citizens to achieve gender equality, prevent gender-based violence and reduce the spread of HIV and the impact of AIDS.

The Policy Development and Advocacy Unit utilizes several strategies to support Sonke’s objectives. These include strategic litigation; conducting research; drafting legal and policy submissions. Sonke welcomes the opportunity to comment on the Draft National Youth Policy 2020-2030 Bill as Sonke recognises the importance of engaged citizen and empowered youth activism that can both support and hold government accountable, and thus makes the submission to communicate the identified gaps and loopholes and propose alterations to the draft policy to ensure that government adopts a holistic and comprehensive approach to achieving integrated and sustainable youth development.

We would further like to submit a request for an oral presentation on this submission if the opportunity arises, aimed at outlining and substantiating the issues addressed and suggestions proposed herein.

12 June 2020
Submission to the Department of Justice and Correctional Services regarding the Criminal Matters Amendment Draft Bill, 2020

The Detention Justice Forum (‘DJF’) is a civil society coalition of non-governmental organisations and individuals working to ensure that the rights and well-being of those who are detained are respected and upheld, as enshrined under the South African Constitution, laws, and regional and international human rights norms and standards. Our membership includes community organisations, lawyers, social workers, formerly incarcerated persons, and academics with varied foci and degrees of engagement in the detention and human-rights sectors – spanning direct service provision and (former and current) detainee support and empowerment, advocacy and policy development.

24 April 2020
Submissions on the Domestic Violence Amendment Bill

Sonke Gender Justice (Sonke) is a non-partisan, non-profit organisation, established in 2006. Today, Sonke has established a growing presence on the African continent and plays an active role internationally. Sonke works to create the change necessary for men, womxn, young people and children to enjoy equitable, healthy and happy relationships that contribute to the development of just and democratic societies.

Sonke pursues this goal across Southern Africa by using a human rights framework to build the capacity of government, civil society organisations and citizens to achieve gender equality, prevent gender-based violence and reduce the spread of HIV and the impact of AIDS.

The Policy Development and Advocacy Unit utilises several strategies to support Sonke’s objectives. These include strategic litigation; conducting research; drafting legal and policy submissions and facilitating workshops which aim to educate and empower communities.

Sonke welcomes the opportunity to comment on the Domestic Violence Amendment Bill. The Bill forms part of a triad of legislation which Parliament seeks to promulgate in order to address the epidemic of gender-based violence (GBV) in South Africa.

24 April 2020
Submission to the Department of Correctional Services and the Portfolio Committee for Justice and Correctional Services

The Detention Justice Forum (DJF) is a civil society coalition of non-governmental organisations and individuals working to ensure that the rights and well-being of those who are detained are respected and upheld, as enshrined under the South African Constitution, laws, and regional and international human rights norms and standards. Our membership includes community organisations, lawyers, social workers, former inmates, and academics with varied foci and degrees of engagement in the detention and human-rights sectors – spanning direct service provision and (former and current) detainee support and empowerment, advocacy and policy development.

We were privileged enough to have representation at the Portfolio Committee meeting held on the 4th of July 2019 where the Department of Correctional Services (DCS) presented their 2019/2020 Annual Performance Plan (APP). We have also had the opportunity to review the APP since the meeting. We commend the Portfolio Committee’s strong engagement with DCS and feel that DCS responded to concerns relatively transparently.

As part of our contribution as civil society to the ongoing efforts to improve the conditions of South Africa’s correctional facilities and strengthen the rehabilitation of former detainees, we make this submission of comments based on our observations of some of the key issues mentioned in the APP.

7 October 2019
Sonke Gender Justice Submissions on the White Paper on Home Affairs

The framework centers around three mandates of the Department of Home Affairs (DHA) namely to manage the official identity and status of persons, manage international migration and to manage asylum seekers and refugees.

This White Paper attempts to address previous historical gaps in the DHA by “replacing the current model by repositioning the Department of Home Affairs as a modern, secure department, managed strategically by professionals. Such officials must be technically competent, citizen-centred and actively involved in national security within their mandate.” It would appear that much emphasis is placed on the interest of national and cyber security alongside technical modernization of systems and while some reference has been made to the basis on our Constitution, one would caution that the policy and ensuing acts should also practically reflect the values encompassed in the Constitution, ensuring all users of DHA services are treated fairly and with dignity.

18 February 2019
Submission of the Hate Crimes Working Group

The Hate Crimes Working Group (HCWG) welcomes the opportunity to make submissions on the draft Prevention and Combating of Hate Crimes and Hate Speech Bill (the Bill). We are very pleased to have the opportunity to engage with this long-awaited and crucial piece of legislation and look forward to engaging further with the Portfolio Committee on Justice and Correctional Services (the Portfolio Committee).

The HCWG is a multi-sectoral network of civil society organisations set up to spearhead advocacy and reform initiatives pertaining to hate crimes in South Africa and the region.

Members of the network range from grass-roots to academic institutions, and work in diverse sectors including religion, sexual orientation, gender identity and gender expression, migrants/displaced groups, disability, health status, nationality and ethnicity. All share a common concern on the impact of hate crimes in South Africa from the perspective of the victims or from a legal, service provision, research-based or advocacy perspective.

This submission will deal with specific provisions of the Bill that we believe are important for its functioning and operation.

15 February 2019
Submissions on the Civil Union Amendment Act

In 2016, the Department of Home Affairs released a list of offices across South Africa that solemnise same-sex marriages. The list revealed that only 117 of the 409 offices nationwide will solemnise marriages of same-sex couples.

This means that 28,6% of marriage officers are willing to solemnise marriages between same-sex couples. The implementation of this section has created practical difficulties for same-sex couples who want to get married.

Section 6 of the Civil Union Act creates a tension between two rights in the Constitution, namely the right to equality and the right to freedom of religion, conscience, and belief.

The primary purpose of the Civil Union Act is to protect the rights to dignity and equality of same-sex couples and to remedy the intentional discrimination imposed upon them.

Sonke supports the amendment of the Civil Union Act by removing section 6.

“It is submitted that section 6 of the Civil Union Act is in direct conflict with the objectives of the Civil Union Act and undermines the purpose of the Civil Union Act to remove discrimination on the groups of sexual orientation and to uphold the constitutional rights to equality and dignity.”

Download Sonke’s submission in full.

23 October 2018
Submissions on the Third Children’s Amendments Bill

Sonke welcomes the opportunity to make submissions on the amendments to the children’s bill. Sonke’s submissions will focus primarily on the aspects of corporal punishment and its relation to ending violence of all forms against children.

10 September 2018
Continuous breach of the Code of Ethical Conduct and Disclosure of Members’ Interests for Assembly and Permanent Council Members by Honourable Member Mduduzi Manana

On or about 6 May 2018, it was reported that charges of assault were filed against Manana at the Douglasdale police station in relation to the assault of his former domestic worker, Ms Catherine Wiro (‘Wiro’). It is alleged that Manana pushed Wiro down the stairs. Despite Wiro having withdrawn the charges filed against Manana, the National Prosecuting Authority have refused to withdraw the changes and instructed the South African Police Services to continue with the investigation of this matter.

It is further alleged that Manana attempted to pay Wiro R100,000.00 to withdraw the charges against him, for which charges have been laid against him.

However, as at the date of this letter, Mr Manana remains an MP, despite numerous calls for his resignation.

16 May 2018
Submission to the Speaker of the National Assembly on The Civil Union Amendment Bill

Sonke supports real marriage equality.

The Civil Union Act extends recognition of marriage rights to two partners regardless of their gender and sex, thereby allowing same-sex partners the right to enter into a civil union. However, section 6 of the Civil Union Act remains problematic, and together with civil society partners, Sonke supports the removal of Section 6 of the Act. Sonke applauds the great work done by the Triangle Project and others to raise awareness of this impact of these provisions.

26 April 2018
Signed Sonke letter of exemption request to US State Department, Feb 12 2018

Sonke has chosen not to sign the Global Gag Rule because we know the costs it represents to women’s health and lives in South Africa and across the continent and the world.

This means we, like many other organisations, can not apply for funding currently on offer from the US Government to address gender based violence and HIV, even though we’ve now built very strong evidence from many studies that our work decreases levels of gender based violence, increases people’s use of HIV services and strengthens their commitment to take local action to address GBV and HIV.

We have attempted to ameliorate the effects of the GGR by applying for an exemption from the Policy. We wrote to Secretary of the US Department of State, Rex Tillerson on 12 February 2018, requesting that we are exempted from the Policy. We have received no reply to date.

See more here.

28 February 2018
Submission to Multi-Party Women’s Caucus on South African Law Reform Commission (SALRC) Report 107 on Adult Prostitution

Parliament’s multi-party women’s caucus will host a summit on sex work on 5 March 5 in Parliament and have invited submissions.

Background: https://www.news24.com/SouthAfrica/News/parliaments-womens-caucus-to-host-sex-work-summit-20180209

28 February 2018
Letter to the City of Cape Town on Gender and Water

Sonke Gender Justice notes the ongoing engagement of the City of Cape Town (CoCT) on the current water crisis, and is relieved to learn that Day Zero has been pushed back to July 2018 at the time of writing. We support on-going measures to mitigate the drought and its social effects, and we are actively playing our part to assist in this crisis.

23 February 2018
Submission of Sonke Gender Justice: SAHRC national hearing on social cohesion and xenophobia in South Africa

The South African Human Rights Commission’s (SAHRC) two-day national investigative hearings on migration, xenophobia and social cohesion held on 7 and 8 February 2018 calls on relevant government departments, regulatory bodies, civil society organisations, researchers, academics, media entities, and social commentators to contribute towards awareness-raising on issues pertaining to social inclusion of migrant communities in the country. The role of state departments will be assessed through the national hearing, to inform both the SAHRC and the general public on the complexities of addressing migrant-related discrimination and achievement of social cohesion.

Sonke Gender Justice presented on our community and policy work related to refugee health and rights.

6 February 2018
Written Submission to the Civilian Secretariat for Police

Sonke Gender Justice (Sonke) welcomes the opportunity to make this written submission to the Civilian Secretariat for Police (CSP) on the implementation of the 2016 White Paper on Safety and Security.

31 January 2018
Residents of Gugulethu demand safety in our community

Gender-based violence (‘GBV’) is a persistent threat across South Africa, with extremely high rates across the country. It has been estimated at costing the country between R28.4 – R42.4 billion per year, or between 0.9% and 1.3% of our GDP annually. Further, the NSP on HIV, TB and STIs (2017-2022) states that GBV is a significant driver of HIV acquisition among women, including community attitudes and lack of safety in permitting this.

The Western Cape itself has been identified as one of the most unsafe provinces in South Africa. A third of the country’s murders have been reported at WC police stations. During the 2016/2017 year, murder increased by 2.7%. Sexual assault increased by 6% and robbery with aggravating circumstances increased by 1.3%. Within the Western Cape, Gugulethu has been identified as one of the worst ten precincts. 238 sexual offences, 173 rapes, 618 assaults with the intent to inflict grievous bodily harm and 720 robberies with aggravating circumstances were reported in 2017 alone.

On Tuesday 28 November 2017, Sonke and other civil society parters marched to Nyanga Police station to draw attention to the high rates of gender-based violence in the Gugulethu community and to reiterate our urgent demand for government to implement a National Strategic Plan on gender-based violence. We are calling on our government to improve the safety of its citizens, particularly in informal settlements. We need better street lighting, better police response and resources, safer sanitation and more.

Then handing over of this memorandum to Mr Dan Plato, MEC of Community Safety will be followed up with a meeting with the Department of Community Safety, Western Cape on 26 January 2018 in order to track progress of the community asks.

28 November 2017
Sex Work Sector Civil Society Consultation on the White Paper for Safety & Security

7 November 2017