The Representation of Women in Municipal Councils and Executive Structures –
Analyzing the trends in the implementation of the Municipal Structures Act from the results of the 2006 and 2011 South African Local Government Elections
PRESENTED BY : THULAGANYO SELOKELA
CONFERENCE ON LOCAL GOVERNMENT AND THE
LAW: HARNESSING THE LAW TO PROMOTE AND
IMPROVE LOCAL GOVERNMENT- PE, South Africa 10-11
October 2013
Representation of women councillors in the South African Local Government
Municipal Structures Act request for 50% female candidates on party lists
Besides Structures Act, other national policies and legislative measures seek to improve representation of women in public office. E.g. The Constitution,
The National Gender Policy, the Local Government Gender Policy Framework and the recent Women Empowerment and Gender Equality Bill by the Ministry for Women, children and people with disabilities
Despite these efforts and the obvious majority female population in SA, women remain under-represented in public office. Specific emphasis on local councils
Under-representation indicates non-compliance with Structures Act
Constitution-Building in Africa Conference
6 September 2013 hosted by the Community Law Centre
University of the Western Cape
PROGRAMME
08h30 09h00 Registration
09h00 09h20
(GH1)
OPENING & WELCOME
Opening Remarks (Prof Jaap de Visser, Director: Community Law Centre)
-Chancellor: University of the Western Cape)
Opening Address
09h30 10h30 BREAKAWAY SESSION 1 (GH 1, GH 3.5, GH 2 & GH3)
10h30 11h00 Tea
11h00 12h45 BREAKAWAY SESSION 2 (GH 1, GH 3.5, GH 2 & GH3)
12h45 13h45 Lunch
13h45 15h30
(GH1)
PLENARY SESSION: RELEVANCE OF THE SOUTH AFRICAN TRANSITION
FOR CONSTITUTION-BUILDING IN AFRICA
Prof Yash Pal Ghai (former chair of the Constitution of Kenya Review
Commission, Director, Katiba Institute, Nairobi)
Dr Fholisani Sydney Mufamadi (former Minister of Safety and Security, former
Minister of Provincial and Local Government, Director, School of Leadership,
Faculty of Management, University of Johannesburg)
Mr Mohammed Valli Moosa (former Minister of Constitutional Development,
Chairman of Anglo-American Platinum)
(Facilitator: Prof Nico Steytler, South African Research Chair: Multilevel
Government, Law and Policy)
15h30 16h00 Tea
16h00 18h00 BREAKAWAY SESSION 3 (GH 1, GH 3.5, GH 2 & GH3)
18h00 21h00
DINNER
Offered by the Provincial Minister of Social Development, Albert Fritz
Gender parity- Achieved when there’s equal representation of women in political decision-making
South African’s national, regional and international obligation to advance women and enforce women equal participation in public and private spheres sets the basis for implementation. E.g. SA Constitution, SADC 2008
Protocol on Gender Development, CEDWA, Beijing Platform for Action and
MDG’s(goal no. 2)
Under the Constitution, s 7(2) and S 9(2) must be read together to realize a direct instruction for local government to advance women.
“The Constitution requires national, provincial and local governments to adopt legislation and other measures to advance and promote gender equality.
”
The Women Empowerment and Gender Equality Bill, although has been approved by cabinet still remain to become enforceable law. Key element of the Bill is that non-compliance warrants punitive measures being taken against defaulting entity ( the word entity include local councils and council executive ).
Clause 11 requires
50% representation, 12 authorizes Minister to take steps, 13 Gender discrimination and non-compliance to Bill creates offence
National Gender Policy and the Local Government Gender Policy Framework provides guideless to local government officials and office bearers to adhere with international obligation to empower women in communities and the council. Downside of these policies is that they are outdated and there lacks a written and published systematic feedback on whether the guidelines and policy objectives met
Constitution-Building in Africa Conference
6 September 2013 hosted by the Community Law Centre
University of the Western Cape
PROGRAMME
08h30 09h00 Registration
09h00 09h20
(GH1)
OPENING & WELCOME
Opening Remarks (Prof Jaap de Visser, Director: Community Law Centre)
-Chancellor: University of the Western Cape)
Opening Address
09h30 10h30 BREAKAWAY SESSION 1 (GH 1, GH 3.5, GH 2 & GH3)
10h30 11h00 Tea
11h00 12h45 BREAKAWAY SESSION 2 (GH 1, GH 3.5, GH 2 & GH3)
12h45 13h45 Lunch
13h45 15h30
(GH1)
PLENARY SESSION: RELEVANCE OF THE SOUTH AFRICAN TRANSITION
FOR CONSTITUTION-BUILDING IN AFRICA
Prof Yash Pal Ghai (former chair of the Constitution of Kenya Review
Commission, Director, Katiba Institute, Nairobi)
Dr Fholisani Sydney Mufamadi (former Minister of Safety and Security, former
Minister of Provincial and Local Government, Director, School of Leadership,
Faculty of Management, University of Johannesburg)
Mr Mohammed Valli Moosa (former Minister of Constitutional Development,
Chairman of Anglo-American Platinum)
(Facilitator: Prof Nico Steytler, South African Research Chair: Multilevel
Government, Law and Policy)
15h30 16h00 Tea
16h00 18h00 BREAKAWAY SESSION 3 (GH 1, GH 3.5, GH 2 & GH3)
18h00 21h00
DINNER
Offered by the Provincial Minister of Social Development, Albert Fritz
Item 11 (3) of Schedule 1 and Item 5 (3) of Schedule 2
Structures Act:
‘Every party must [seek] to ensure that fifty percent of the candidates on the party lists are [women] and that women and men candidates are evenly distributed through the list.’
Three components:
1. This ‘requirement’ is applicable to PR candidates only not ward candidates.
2. Candidates appear on part-lists according to their popularity or ranking within the party. The Act does NOT say how this even distribution of gender is to take place.
3. The word ‘seek’ implies parties are given discretion whether to comply or not. Non-mandatory provision.
Constitution-Building in Africa Conference
6 September 2013 hosted by the Community Law Centre
University of the Western Cape
PROGRAMME
08h30 09h00 Registration
09h00 09h20
(GH1)
OPENING & WELCOME
Opening Remarks (Prof Jaap de Visser, Director: Community Law Centre)
Opening Address
-Chancellor: University of the Western Cape)
09h30 10h30 BREAKAWAY SESSION 1 (GH 1, GH 3.5, GH 2 & GH3)
10h30 11h00 Tea
11h00 12h45 BREAKAWAY SESSION 2 (GH 1, GH 3.5, GH 2 & GH3)
12h45 13h45 Lunch
13h45 15h30
(GH1)
PLENARY SESSION: RELEVANCE OF THE SOUTH AFRICAN TRANSITION
FOR CONSTITUTION-BUILDING IN AFRICA
Prof Yash Pal Ghai (former chair of the Constitution of Kenya Review
Commission, Director, Katiba Institute, Nairobi)
Dr Fholisani Sydney Mufamadi (former Minister of Safety and Security, former
Minister of Provincial and Local Government, Director, School of Leadership,
Faculty of Management, University of Johannesburg)
Mr Mohammed Valli Moosa (former Minister of Constitutional Development,
Chairman of Anglo-American Platinum)
(Facilitator: Prof Nico Steytler, South African Research Chair: Multilevel
Government, Law and Policy)
15h30 16h00 Tea
16h00 18h00 BREAKAWAY SESSION 3 (GH 1, GH 3.5, GH 2 & GH3)
18h00 21h00
DINNER
Offered by the Provincial Minister of Social Development, Albert Fritz
Constitution-Building in Africa Conference
6 September 2013 hosted by the Community Law Centre
University of the Western Cape
PROGRAMME
08h30 09h00 Registration
09h00 09h20
(GH1)
OPENING & WELCOME
Opening Remarks (Prof Jaap de Visser, Director: Community Law Centre)
-Chancellor: University of the Western Cape)
Opening Address
09h30 10h30 BREAKAWAY SESSION 1 (GH 1, GH 3.5, GH 2 & GH3)
10h30 11h00 Tea
11h00 12h45 BREAKAWAY SESSION 2 (GH 1, GH 3.5, GH 2 & GH3)
12h45 13h45 Lunch
13h45 15h30
(GH1)
PLENARY SESSION: RELEVANCE OF THE SOUTH AFRICAN TRANSITION
FOR CONSTITUTION-BUILDING IN AFRICA
Prof Yash Pal Ghai (former chair of the Constitution of Kenya Review
Commission, Director, Katiba Institute, Nairobi)
Dr Fholisani Sydney Mufamadi (former Minister of Safety and Security, former
Minister of Provincial and Local Government, Director, School of Leadership,
Faculty of Management, University of Johannesburg)
Mr Mohammed Valli Moosa (former Minister of Constitutional Development,
Chairman of Anglo-American Platinum)
(Facilitator: Prof Nico Steytler, South African Research Chair: Multilevel
Government, Law and Policy)
15h30 16h00 Tea
16h00 18h00 BREAKAWAY SESSION 3 (GH 1, GH 3.5, GH 2 & GH3)
18h00 21h00
DINNER
Offered by the Provincial Minister of Social Development, Albert Fritz
Table 1: Women as candidates in the 2006 and 2011 M unicipal Elections
Comparison 2006 2011
Parties contesting 97 121
Party lists candidates (PR) 21 498
Ward candidates 23 028
23 303
29 700
Independents
Total candidates
Gender breakdown
Gender percentage
663
45 189
Male 29 471
Female 15 718
Male 65.22%
Female 34.78%
754
53 757
Male 33 909
Female 19 848
Male 63.08%
Female 36.92%
ANC is the only party close to parity
ANC only party with quota policy
DA is against quota policy
Others claim to empower women but stats show otherwise
Table 6: Gender outcome by ballot type from the 2006 and 2011
M unicipal Elections
Ballot 2006 2011 type Female Male Total % Female Female Male Total % Female
PR 1 889 2 566 4 455 42
Ward 1 425 2 470 3 895 38
Total 3 314 5 036 8 350 40*
2 086 2 727 4 813 43
1 408 2 869 4 277 33
3 494 5 596 9 090 38
Female rep in local gov. has declined between 2006 and
2011 despite an increase in female candidates
None of the parties achieved 50% rep of female councillors.
Even ANC.
Objective of
Structures Act not met
Municipal executive:
The Structures Act provides for either a mayoral or an executive committee depending on the typology of a municipality. E.g. MMC or ExCo member
Under ExCo women might have better representation provided that the council itself represent gender parity, because the full council elects members. However, with
MMC the executive Mayor is the one the elects the members of the MMC
The data was collected from profiling the executive structures of 191 municipalities
Constitution-Building in Africa Conference
6 September 2013 hosted by the Community Law Centre
University of the Western Cape
PROGRAMME
08h30 09h00 Registration
09h00 09h20
(GH1)
OPENING & WELCOME
Opening Remarks (Prof Jaap de Visser, Director: Community Law Centre)
Opening Address
-Chancellor: University of the Western Cape)
09h30 10h30 BREAKAWAY SESSION 1 (GH 1, GH 3.5, GH 2 & GH3)
10h30 11h00 Tea
11h00 12h45 BREAKAWAY SESSION 2 (GH 1, GH 3.5, GH 2 & GH3)
12h45 13h45 Lunch
13h45 15h30
(GH1)
PLENARY SESSION: RELEVANCE OF THE SOUTH AFRICAN TRANSITION
FOR CONSTITUTION-BUILDING IN AFRICA
Prof Yash Pal Ghai (former chair of the Constitution of Kenya Review
Commission, Director, Katiba Institute, Nairobi)
Dr Fholisani Sydney Mufamadi (former Minister of Safety and Security, former
Minister of Provincial and Local Government, Director, School of Leadership,
Faculty of Management, University of Johannesburg)
Mr Mohammed Valli Moosa (former Minister of Constitutional Development,
Chairman of Anglo-American Platinum)
(Facilitator: Prof Nico Steytler, South African Research Chair: Multilevel
Government, Law and Policy)
15h30 16h00 Tea
16h00 18h00 BREAKAWAY SESSION 3 (GH 1, GH 3.5, GH 2 & GH3)
18h00 21h00
DINNER
Offered by the Provincial Minister of Social Development, Albert Fritz
Of all the 7 provinces, Limpopo has the highest representation of women as Exco members. 45.8% of total Exco members in the province
Figures for the Kwa-Zulu Natal and the Western Cape provinces indicate least ExCo female representation. 25.8% and 34.5% respectively. Overall rep of female in councils, KZN had the least women ward councillors 17%
Of all the 7 provinces, there were 72 mayors and 17 deputy mayors. With figures in KZN indicating the highest female rep in the mayoral positions with 21 Mayors and 15 Dep. Mayors
The inference is that the women elected were PR councillors as rep in wards from the province does not favour women
Constitution-Building in Africa Conference
6 September 2013 hosted by the Community Law Centre
University of the Western Cape
PROGRAMME
08h30 09h00 Registration
09h00 09h20
(GH1)
OPENING & WELCOME
Opening Remarks (Prof Jaap de Visser, Director: Community Law Centre)
Opening Address
-Chancellor: University of the Western Cape)
09h30 10h30 BREAKAWAY SESSION 1 (GH 1, GH 3.5, GH 2 & GH3)
10h30 11h00 Tea
11h00 12h45 BREAKAWAY SESSION 2 (GH 1, GH 3.5, GH 2 & GH3)
12h45 13h45 Lunch
13h45 15h30
(GH1)
PLENARY SESSION: RELEVANCE OF THE SOUTH AFRICAN TRANSITION
FOR CONSTITUTION-BUILDING IN AFRICA
Prof Yash Pal Ghai (former chair of the Constitution of Kenya Review
Commission, Director, Katiba Institute, Nairobi)
Dr Fholisani Sydney Mufamadi (former Minister of Safety and Security, former
Minister of Provincial and Local Government, Director, School of Leadership,
Faculty of Management, University of Johannesburg)
Mr Mohammed Valli Moosa (former Minister of Constitutional Development,
Chairman of Anglo-American Platinum)
(Facilitator: Prof Nico Steytler, South African Research Chair: Multilevel
Government, Law and Policy)
15h30 16h00 Tea
16h00 18h00 BREAKAWAY SESSION 3 (GH 1, GH 3.5, GH 2 & GH3)
18h00 21h00
DINNER
Offered by the Provincial Minister of Social Development, Albert Fritz
There were 42 women executive mayors across all provinces
Between 2.1% and 27.7% were women executive mayors and deputy executive mayors . The figures indicate that there is a great variation and no consistency in the representation of women executive mayors and deputy executive mayors
The figures for the Eastern Cape and Mpumalanga provinces indicated most female rep in the dep. and executive mayor positions. 12 Exe. Mayors and 1
Dep. Ex. Mayor in EC and 10 Exe Mayors in MP
Of all the 8 provinces (figures for KZN were not available), Gauteng and EC have the highest representation of women MMC’s. 48.5% and 46.3% respectively
MMC member election lies with the Executive mayor so its inevitable that the political preference will play a role in his or her selection
Constitution-Building in Africa Conference
6 September 2013 hosted by the Community Law Centre
University of the Western Cape
PROGRAMME
08h30 09h00 Registration
09h00 09h20
(GH1)
OPENING & WELCOME
Opening Remarks (Prof Jaap de Visser, Director: Community Law Centre)
-Chancellor: University of the Western Cape)
Opening Address
09h30 10h30 BREAKAWAY SESSION 1 (GH 1, GH 3.5, GH 2 & GH3)
10h30 11h00 Tea
11h00 12h45 BREAKAWAY SESSION 2 (GH 1, GH 3.5, GH 2 & GH3)
12h45 13h45 Lunch
13h45 15h30
(GH1)
PLENARY SESSION: RELEVANCE OF THE SOUTH AFRICAN TRANSITION
FOR CONSTITUTION-BUILDING IN AFRICA
Prof Yash Pal Ghai (former chair of the Constitution of Kenya Review
Commission, Director, Katiba Institute, Nairobi)
Dr Fholisani Sydney Mufamadi (former Minister of Safety and Security, former
Minister of Provincial and Local Government, Director, School of Leadership,
Faculty of Management, University of Johannesburg)
Mr Mohammed Valli Moosa (former Minister of Constitutional Development,
Chairman of Anglo-American Platinum)
(Facilitator: Prof Nico Steytler, South African Research Chair: Multilevel
Government, Law and Policy)
15h30 16h00 Tea
16h00 18h00 BREAKAWAY SESSION 3 (GH 1, GH 3.5, GH 2 & GH3)
18h00 21h00
DINNER
Offered by the Provincial Minister of Social Development, Albert Fritz
Women are under-represented
(Apparent) Better representation in executive structures
The representation of the political parties in council impacts on the representation of women in the executive structures
Inadequate regulation and uncertainty in the
Structures Act are obstacles for implementation
Overall finding
Structures Act (provision) is not being implemented
Constitution-Building in Africa Conference
6 September 2013 hosted by the Community Law Centre
University of the Western Cape
PROGRAMME
08h30 09h00 Registration
09h00 09h20
(GH1)
OPENING & WELCOME
Opening Remarks (Prof Jaap de Visser, Director: Community Law Centre)
Opening Address
-Chancellor: University of the Western Cape)
09h30 10h30 BREAKAWAY SESSION 1 (GH 1, GH 3.5, GH 2 & GH3)
10h30 11h00 Tea
11h00 12h45 BREAKAWAY SESSION 2 (GH 1, GH 3.5, GH 2 & GH3)
12h45 13h45 Lunch
13h45 15h30
(GH1)
PLENARY SESSION: RELEVANCE OF THE SOUTH AFRICAN TRANSITION
FOR CONSTITUTION-BUILDING IN AFRICA
Prof Yash Pal Ghai (former chair of the Constitution of Kenya Review
Commission, Director, Katiba Institute, Nairobi)
Dr Fholisani Sydney Mufamadi (former Minister of Safety and Security, former
Minister of Provincial and Local Government, Director, School of Leadership,
Faculty of Management, University of Johannesburg)
Mr Mohammed Valli Moosa (former Minister of Constitutional Development,
Chairman of Anglo-American Platinum)
(Facilitator: Prof Nico Steytler, South African Research Chair: Multilevel
Government, Law and Policy)
15h30 16h00 Tea
16h00 18h00 BREAKAWAY SESSION 3 (GH 1, GH 3.5, GH 2 & GH3)
18h00 21h00
DINNER
Offered by the Provincial Minister of Social Development, Albert Fritz
Recommendations:
The intention is not to change the entire policy on gender representation at local government
The recommendations seek to ensure that more stringent and compelling measures are adopted
Compliance with the Act should be mandatory
The Act should set criteria to regulate the election of councillors in the executive structures in order to accommodate the gender distribution within councils
The electoral system, which divides the municipal council seats equally between PR and wards councillors, may need revision
Addressing the under-representation of women in local government can only be possible if there is a systematic monitoring of trends
Constitution-Building in Africa Conference
6 September 2013 hosted by the Community Law Centre
University of the Western Cape
PROGRAMME
08h30 09h00 Registration
09h00 09h20
(GH1)
OPENING & WELCOME
Opening Remarks (Prof Jaap de Visser, Director: Community Law Centre)
Opening Address
-Chancellor: University of the Western Cape)
09h30 10h30 BREAKAWAY SESSION 1 (GH 1, GH 3.5, GH 2 & GH3)
10h30 11h00 Tea
11h00 12h45 BREAKAWAY SESSION 2 (GH 1, GH 3.5, GH 2 & GH3)
12h45 13h45 Lunch
13h45 15h30
(GH1)
PLENARY SESSION: RELEVANCE OF THE SOUTH AFRICAN TRANSITION
FOR CONSTITUTION-BUILDING IN AFRICA
Prof Yash Pal Ghai (former chair of the Constitution of Kenya Review
Commission, Director, Katiba Institute, Nairobi)
Dr Fholisani Sydney Mufamadi (former Minister of Safety and Security, former
Minister of Provincial and Local Government, Director, School of Leadership,
Faculty of Management, University of Johannesburg)
Mr Mohammed Valli Moosa (former Minister of Constitutional Development,
Chairman of Anglo-American Platinum)
(Facilitator: Prof Nico Steytler, South African Research Chair: Multilevel
Government, Law and Policy)
15h30 16h00 Tea
16h00 18h00 BREAKAWAY SESSION 3 (GH 1, GH 3.5, GH 2 & GH3)
18h00 21h00
DINNER
Offered by the Provincial Minister of Social Development, Albert Fritz
Constitution-Building in Africa Conference
6 September 2013 hosted by the Community Law Centre
University of the Western Cape
PROGRAMME
08h30 09h00 Registration
09h00 09h20
(GH1)
OPENING & WELCOME
Opening Remarks (Prof Jaap de Visser, Director: Community Law Centre)
Opening Address
-Chancellor: University of the Western Cape)
09h30 10h30 BREAKAWAY SESSION 1 (GH 1, GH 3.5, GH 2 & GH3)
10h30 11h00 Tea
11h00 12h45 BREAKAWAY SESSION 2 (GH 1, GH 3.5, GH 2 & GH3)
12h45 13h45 Lunch
13h45 15h30
(GH1)
PLENARY SESSION: RELEVANCE OF THE SOUTH AFRICAN TRANSITION
FOR CONSTITUTION-BUILDING IN AFRICA
Prof Yash Pal Ghai (former chair of the Constitution of Kenya Review
Commission, Director, Katiba Institute, Nairobi)
Dr Fholisani Sydney Mufamadi (former Minister of Safety and Security, former
Minister of Provincial and Local Government, Director, School of Leadership,
Faculty of Management, University of Johannesburg)
Mr Mohammed Valli Moosa (former Minister of Constitutional Development,
Chairman of Anglo-American Platinum)
(Facilitator: Prof Nico Steytler, South African Research Chair: Multilevel
Government, Law and Policy)
15h30 16h00 Tea
16h00 18h00 BREAKAWAY SESSION 3 (GH 1, GH 3.5, GH 2 & GH3)
18h00 21h00
DINNER
Offered by the Provincial Minister of Social Development, Albert Fritz