Almost two months after former deputy higher education and training minister Mduduzi Manana was found guilty of three counts of assault with intent to cause grievous bodily harm, after assaulting three women on 6 August 2017, Sonke Gender Justice (‘Sonke’) notes with extreme disappointment that he remains a Member of Parliament. Sonke calls for the Joint Committee on Ethics and Members’ Interests meeting considering complaints calling for Mduduzi Manana’s dismissal, to be held on 1 November 2017, to be opened to the public. Given that Mr Manana, as one of the very individuals elected to be a leader in this democracy has perpetuated such violence, and in particular, against women, in flagrant disregard for the law of South Africa, we submit that the public should be privy to the decision-making process of the Joint Committee into whether appropriate sanctions will be taken against Mduduzi Manana.
Publication Type: Parliamentary & Other Submissions
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Breach of the Code of Ethical Conduct and Disclosure of Members’ Interests for Assembly and Permanent Council Members by Honourable Member Mduduzi Manana
In the early hours of the morning on 6 August 2017, Mr Manana, by his own admission, physically assaulted Ms Mandisa Duma and at least one other person at a nightclub in Fourways, Johannesburg. Ms Duma subsequently laid criminal charges of assault with intent to do grievous bodily harm against Mr Manana with the South African Police Services. However, Mr Manana was granted bail by the Randburg Magistrate’s Court on 10 August 2017.
On 7 August 2017, Mr Manana issued an apology for his conduct and vowed to take responsibility and allow the law to take its course. On 19 August 2017, Mr Manana resigned as the Deputy Minister of Higher Education and Training, which resignation was accepted by the Honourable President Jacob Zuma.
However, as at the date of this letter, Mr Manana remains a Member of Parliament with all indications pointing to the fact that he intends to remain as such.
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Complaint against Deputy Minister of Police – Mr Bongani Mkongi
The Complainants allege that the statements by the Deputy Minister are xenophobic, hurtful and harmful to all foreign nationals in South Africa and are unbecoming of a servant of the State who should serve and protect all who live in South Africa – including those who fled their own country’s human rights abuses, and sought better lives and safety in South Africa.
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SAHRC – Redacted Complaint
Our complaint is regarding the statements made by the Deputy Minister of Police, Bongani Mkongi, on 14 July 2017 while visiting Hillbrow Police Station in Johannesburg.
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Open letter to the national deputy minister of police
Sonke joins in support of the South African Human Rights Commission in condemning the dangerous utterances by the National Deputy-Minister of Police, Bongani Mkongi, about immigrants and refugees.
We believe that Mkongi’s statements are xenophobic and unbecoming of a leader in the State who should serve all who live in South Africa.
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Our concern regarding xenophobic statements
The Hate Crimes Working Group (HCWG) is a multi-sectoral network of 35 civil society organizations set up to spearhead advocacy and reform initiatives pertaining to hate crimes in South Africa and the region. Members of the network work in diverse sectors.
We, together with the signatories below, are writing to express our grave concern over statements that you made on 14 July 2017 while visiting Hillbrow Police Station in Johannesburg.
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Submission to Speaker of the National Assembly on Choice on Termination of Pregnancy Amendment Draft Bill
The Choice on Termination of Pregnancy Act No 92 1996 (CTOPA) and The Choice on Termination of Pregnancy Amendment Act No 1 2008 were enacted to give content to women’s rights in the South African Constitution. The African Christian Democratic Party (ACDP) Private Members Bill introduced 20 years since the passage of our CTOPA is yet another attempt to place procedural obstacles in the way of women seeking safe and lawful terminations of pregnancy, and thus violate their rights. In particular, similar issues have been raised previously in Parliament. While we respect the rights of parliamentarians to raise issues of concern in the Legislature through Private Members Bills, we are deeply concerned when these legislative amendments reverse women’s reproductive rights and freedoms, which are a proud feature of our democracy.
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Call to discipline Deputy Minister of Police for xenophobic statements
The Hate Crimes Working Group (HCWG) is a multi-sectoral network of 35 civil society organizations set up to spearhead advocacy and reform initiatives pertaining to hate crimes in South Africa and the region. Members of the network work in diverse sectors, namely in LGBTI rights; migrants, refugees and asylum seekers rights; gender based entities and broader human rights organizations.
We wish to register our grave concern regarding the public utterances by the Deputy Minister of Police, Mr Bongani Mkongi, on 14 July 2017 while visiting Hillbrow Police Station in Johannesburg.
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Written Submission to the High Level Panel on the Assessment of Key Legislation and the Acceleration of Fundamental Change
Executive Summary and Recommendations
Sonke Gender Justice (‘Sonke’) is currently involved in a broad range of advocacy work aimed at creating the necessary change for men, women, young people and children to enjoy. Advocacy around each of its projects often has components addressing hate crimes, race, class, gender discrimination and xenophobia and creating and recommending legal interventions aimed at addressing these. We therefore have a great interest in making this submission to the High Level Panel on the Assessment of Key Legislation and the Acceleration of Fundamental Change (‘High Level Panel’).
The recommendations set out in this submission are categorised according to three themes:
- Recommendations aimed at combating gender-based violence;
- Recommendations aimed at reducing sexual violence in prisons; and
- Recommendations aimed at enhancing gender equality and preventing violence.
In relation to our main recommendations aimed at combating gender-based violence, we have noted that the current legal frameworks in place do not adequately protect populations vulnerable to gender-based violence. Accordingly, Sonke recommends that the legal structural deficiencies in this regard be remedied.
Specifically, we recommend that:
- Contrary to the South African Law Reform Commissions recent recommendations, all legislative provisions including national, provisional and municipal legislation criminalising sex work or making it an offence, should be repealed.
- A national strategic plan on gender-based violence be formulated in partnership with civil society;
- The implementation failures and gaps in the Domestic Violence Act 116 of 1998 be addressed and that the Act be implemented effectively;
- The Criminal Law (Sexual Offences and Related Matters) Amendment Act of 32 of 2007 be amended to provide for disaggregation of statistics released by the South African Police Services in relation to sexual offences; and
- Sonke’s recommendations regarding amendments to the Liquor Amendment Bill setting out interventions targeting alcohol abuse and its links to gender-based violence be implemented.
In relation to recommendations aimed at reducing sexual violence in prisons, Sonke – as one of the key stake holders in driving the return of human rights to prisoners in South Africa – recommends that two legislative amendments be made:
- The Policy to address Sexual Abuse of Inmates in Department of Correctional Services Facilities which was approved in 2013 and aims to prevent the scourge of sexual violence in our prisons, be implemented; and
- Legislation regulating the Judicial Inspectorate for Correctional Services (‘JICS’) – the key watchdog mechanism for the correctional services regime in South Africa – be reviewed and amended to provide for 1) the legal, operational, institutional and financial independence of JICS, and 2) to define its functions and powers.
Finally, regarding recommendations aimed at enhancing gender equality and preventing violence, Sonke recommends that legislative amendments be made which aim to further promote child rights and gender equitable, non-violence and positive parenting. Specifically, Sonke recommends that:
- The Labour Laws Amendment Bill be fast-tracked in order to implement parental leave policies that will have a gender-transformative impact.
- In addition, it recommends that legislation be developed and implemented banning corporal punishment in the home.
- Although not addressed in this submission, Sonke recommends that the submissions of the Hate Crimes Working Group on the draft Prevention and Combating of Hate Crimes and Hate Speech Bill, be accepted.
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Submission to Portfolio Committee on Justice and Correctional Services on Traditional Courts Bill
Sonke Gender Justice (Sonke) is a non-profit, human rights and social justice organisation that strives to achieve gender equality in South Africa by building capacity and mobilising communities. Sonke works to create the change necessary for women, men, 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.
Through its policy and advocacy work for gender equality, Sonke specifically seeks to shape law and policy in accordance with the values of human dignity, equality and freedom that underlie the principles of democracy under a constitutional supremacy.
We make this submission to the Portfolio Committee on Justice and Correctional Services (‘the Committee’) in the interest of public participation and in an effort to advance the constitutional imperatives of human dignity, equality and freedom for all South African citizens.
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Prevention and Combatting of Hate Crimes and Hate Speech Bill
The Hate Crimes Working Group (HCWG) welcomes the opportunity to make submissions on the draft Prevention and Combatting of Hate Crimes and Hate Speech Bill (the Bill). We also wish to heartily congratulate the Department of Justice and Constitutional Development (DOJ) on this draft Bill, which has been long-awaited by civil society.
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.
The HCWG is led by a steering committee, consisting of: Amnesty International (South Africa), Durban LGBTI Community and Health Centre, Gender Dynamix, Lawyers for Human Rights, Psychological Society of South Africa, Scalabrini Centre, Sex Worker Education and Advocacy Task Force, Sonke Gender justice, South African Jewish Board of Deputies, Triangle Project.
This submission will deal with each of the provisions of the Bill in turn, with the aim of offering constructive criticism, and alternative wording where applicable.
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Submission To Department of Trade and Industry On Draft Liquor Amendment Bill, 2016
Sonke Gender Justice (‘Sonke’) welcomes the opportunity to provide public comment on the draft Liquor Amendment Bill, 2016 (‘the Bill’) to the Department of Trade and Industry (‘the Department’).
Sonke is a non-profit, human rights and social justice organisation that strives to achieve gender equality in South Africa by building capacity and mobilising communities. Sonke works to create the change necessary for women, men, young people and children to enjoy equitable, healthy and happy relationships that contribute to the development of just and democratic societies.
Sonke’s core advocacy objectives are the promotion of gender equality, prevention of domestic and sexual violence, and the reduction of the spread and impact of HIV and AIDS.
Our interest in providing comments on the Bill stems from our awareness and great concern around the inextricable link of alcohol abuse to gender based violence (GBV), which includes sexual, domestic, and interpersonal violence. Furthermore, we recognise the linkages between alcohol use, unsafe sex and consequent transmission of HIV – effects seldom taken into account when calculating the harms of alcohol and developing mitigation strategies.
Sonke applauds the introduction of several provisions in the Bill that serve to place restrictions on alcohol use and highlight the harms related to alcohol abuse. In this submission, we make evidence-based arguments for these positive advancements as well as provide recommendations for further alcohol control mechanisms.
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27th Session of the Universal Periodic Review United Nations Human Rights Council
This report is submitted by The Coalition of African Lesbians (CAL) and the Sexual Rights Initiative in collaboration with People opposing women Abuse (POWA), Sex worker education and advocacy Taskforce (SWEAT), Sonke Gender Justice and the WISH Associates. CAL acknowledges the important role played by international human rights oversight bodies in monitoring the promotion, protection and fulfilment of human rights within national jurisdictions and welcomes the opportunity to support the work of the Human Rights Council through the submission of this report.
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Consultation seeking views on UN Women approach to sex work, the sex trade and prostitution
UN Women, grounded in the vision of equality enshrined in the UN Charter, works for the elimination of discrimination against women and girls, the empowerment of women, and the achievement of equality between women and men as partners and beneficiaries of development, human rights, and peace and security. UN Women is, at its core, engaged in the promotion of women’s rights.
Currently UN Women does not have an explicit policy position with regard to sex work, the sex trade or prostitution and is in the process of developing such a position. Policy development will be grounded in international standards that guide UN Women’s work and an international human rights framework, including the Convention on the Elimination of Discrimination Against Women (CEDAW), the Beijing Platform for Action and the 2030 Agenda for Sustainable Development.
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A Report Submitted for the Office of the High Commissioner for Human Rights in the Universal Periodic Review of South Africa
The Detention Justice Forum (‘DJF’) is a coalition of civil society organisations working to ensure that the rights and well-being of all detainees are respected and upheld, as enshrined under the South African Constitution, laws, and international human rights norms and standards. Our membership includes non-governmental organisations, community organisations, lawyers, and academics with varied individual focuses and degrees of engagement in the penal and broader detention and human-rights sectors. Member organisations’ foci span from direct service provision and (former and current) detainee support and empowerment, to advocacy and policy development.
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Submission to the Portfolio Committee on Justice and Correctional Services
Prison oversight mechanisms are vital to the protection and promotion of inmates’ human rights. The Judicial Inspectorate for Correctional Services (“JICS”) therefore is an important and necessary institution. However, in order for JICS to be effective, it requires strong independence and a clear mandate to fulfil its functions. Sonke Gender Justice is concerned that it lacks both independence and a clear mandate, preventing it from fulfilling its objective of protecting the rights of inmates. Our key recommendations are summarised here.
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Submission to The Portfolio Committee of Labour on The Labour Laws Amendment Bill
Sonke and Mosaic’s interest in the Bill stems from our objective to attain gender equality in parenting through the involvement of men as equal parenting partners and caregivers in the interest of creating equitable, healthy relationships for the benefit of the entire family.
The organisations consistently lobby for law reform for the legal provision of paternity leave for fathers that allow them to actively support expectant mothers and to participate in and contribute to child rearing immediately after birth, including in supporting breast feeding, as well as through crucial stages in the first view years of the child’s life. This Bill accordingly allows Sonke and Mosaic to directly provide input on introducing statutory provisions that will enable gender equitable parenting.
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Western Cape Government Draft Community Safety Regulations 2015
The Western Cape Community Safety Act 2013 was assented to on 5 April 2013 as Act No. 3 of 2013. By publication in the Provincial Gazette Extraordinary 7547 dated Friday 11 December 2015, an invitation was made for public comments on the Draft Community Safety Regulations 2015 to be submitted by 15 February 2016.
Marlise Richter represented Sonke Gender Justice (‘Sonke’) at the provincial consultative sessions on 9 February 2016, where she provided recommendations verbally. She was invited to submit these in writing, and these have been captured in this submission.
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Preliminary Position on the draft Cybercrimes and Cybersecurity Bill
This document serves as the Right2Know Campaign’s preliminary response to the draft Cybercrimes and Cybersecurity Bill (“the Cybercrimes Bill” or “the Bill”). The Department of Justice and Constitutional Development gazetted the draft Bill in August 2015, inviting public comments by 30 November 2015. Sonke Gender Justice has officially endorsed the Right2Know’s response to the Bill.
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Joint Submission on the Draft White Paper on Safety and Security
At the outset, we welcome the opportunity to make written submissions on the Draft White Paper on Safety and Security and wish to thank you for extending the deadline for submissions to allow our position to be considered in the finalisation process.
This is a joint submission, resulting from a joint workshop process at which all the above-mentioned organisations engaged critically with each of the themes contained in the Draft White Paper on Safety and Security (DWPSS), and the DWPSS as a whole.
The submission is structured to address only those themes contained in the DWPSS that resonate with our organisations from the perspective of gender-based violence, and is directly informed by our areas of expertise, our own experiences, and the experiences of our clients and/and constituents.
Joint submission by:
- Afrika Tikkun’s Young Urban Women
- AIDS Legal Network
- Gender Health and Justice Research Unit, University of Cape Town
- Isidima Sam
- Masimanyane Women’s Support Centre
- Progressive Women’s Movement of SA
- Children’s Happy Home Development Youth Centre
- Rapcan
- Sonke Gender Justice
- SWEAT/Sisonke
- Treatment Action Campaign
- Triangle Project
- Wellness Foundation
- Western Cape Network on Violence Against Women
- Women on Farms Project
- Women’s Legal Centre
- Young Urban Women
