1. COMMISSION ON GENDER EQUALITY (CGE) SUBMISSION TO THE SOCIAL DEVELOPMENT PORTFOLIO COMMITTEE Report of the Committee of Inquiry into a Comprehensive System of Social Security for South Africa 9 JUNE 2003

2. CGE Parliamentary Officer: Suraya Williams 2 CGE Mandate: Promote respect for gender equality and the protection, development and attainment thereof. The right to equality is entrenched in S9 of the Constitution, which prohibits unfair discrimination by the state, whether direct or indirect, against anyone on one or more grounds including gender, pregnancy, sex... S7(2) compels the State to fulfill the rights in the Bill of Rights

3. CGE Parliamentary Officer: Suraya Williams 3 CONSTITUTIONAL FRAMEWORK The CGE welcomes this hearings, which will assist the State in achieving its Constitutional Imperative as required to ito S27 of the Constitution of South Africa. The CGE supports the recommendation of the Committee on measures that will address the basic needs of the most needy in our society.

4. CGE Parliamentary Officer: Suraya Williams 4 MAINTENANCE The judicial and private maintenance system functions so poorly, that many women turn early to the state for the support of themselves and their children. The maintenance system, which is gendered bears particularly adversely on mothers, is in disarray. Systemic failures render the remedies in the Maintenance Act ineffective

5. CGE Parliamentary Officer: Suraya Williams 5 COMPREHENSIVE SOCIAL SECURITY Women and Children form the largest part of the disadvantaged communities because of historical gender inequalities Must take into account the special needs of women, especially in the rural areas CSG will assist in addressing the needs of poor women.

6. CGE Parliamentary Officer: Suraya Williams 6 MATERNITY BENEFITS There must be a de-linking of unemployment benefits from maternity benefits: The Act fails to recognise that women’s right to maternity benefits is independent of illness benefits. Income replacement rate in respect of Maternity benefits should be raised –Pregnant women are treated as ill or unemployed men and the consequence is that the benefit is currently placed below normal salary. Propose an investigation into the intro of maternity benefits for casual, seasoned or insecure employment.

7. CGE Parliamentary Officer: Suraya Williams 7 OLDER PERSONS The means test for old age pension must be applied to individuals, as it currently discriminates against married persons Need for broader role of older persons in our society They should be given opportunities to enhance their skills Support SA Policy Paper for Older Persons (11 th Draft) which calls for consumer protection for Older Persons Advocate research on exploitation of Older Persons

8. CGE Parliamentary Officer: Suraya Williams 8 GENDER PERSPECTIVE Taylor Report lacks a gender perspective in its analysis of poverty. This anomaly is evident in the South African Policy for Older Person as well. –The Commission on Gender Equality Act no. 39 of 1996 is not even listed as current relevant legislation and documentation in a long list in the Eleventh Draft.

9. CGE Parliamentary Officer: Suraya Williams 9 THE CGE RECOMMENDS THE IMPLEMENTATION OF A COMPREHENSIVE ECONOMIC SUSTAINABLE POVERTY ALLEVIATION PROGRAMME, WHICH TAKES INTO ACCOUNT THE GENDERED NATURE OF POVERTY

10. CGE Parliamentary Officer: Suraya Williams 10 THE COMMISSION ON GENDER EQUALITY THANKS YOU