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The Journey (2010 – 2016) SALGA Women’s Commission WOMEN SALGA COMMISSION O 2 0 7 1 S Working together to promote gender equality, sustainable development and good governance.

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The Journey (2010 – 2016)

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The Journey (2010 – 2016)

SALGA Women’s Commission

WOMEN SALGACOMMISSION

O

2071’ S

Working together to promote gender equality, sustainable

development and good governance.

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Contents:

Introduction and Background 3

International Obligations on Gender 4

Local Government Legislation and Gender 7

Formation of the SWC 8

Aims of the SWC at the local level 11

Resolutions and Recommendations of the SWC (2010-2016) 13

Achievements of the SALGA Women’s Commission 25

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Introduction and Background

Women have a history of gender rights activism in South Africa. The struggle against apartheid was also used as a platform by women to struggle against gender injustices and further define the gender struggle.

• 1954: First anti-pass protest in Bloemfontein

• 1954: South African Women’s Charter

• 1956: March to the Union Buildings

• 1990: Malibongwe Conference

• 1992: Women’s National Coalition and Women’s Charter for Effective Equality

• 1994: Transition to democracy: the Constitution and the Bill of Rights.

Women face many challenges in South Africa. These challenges relate to voice and representation of women in society in general. Women are economically, socially and politically disempowered due to social attitudes and gendered norms that obstruct their meaningful access to the structure of opportunities, the world of employment and social institutions.

Women have taken on the responsibility of unpaid work in areas related to care-giving and household upkeep. This unpaid work is a result of a social norm in which women are regarded as second-class social contributors but enable a range of economic activities to occur. Girl-child education suffers as a result of care-giving in which young girls are withdrawn from school to attend to sick relatives, which is a pronounced issue in a society in which HIV and TB are endemic. This impacts on the ability of many young women to access the type of education that would empower them economically.

Politically, women lack the numbers in elected representation to effect the changes related to their economic and social status. Without equitable representation, there cannot be a meaningful policy and social commitment to empowering women.

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Since the inception of the SALGA Women’s Commission in 2010, there has been a noted commitment to implementing measures that would bring change into these challenges. Efforts to modify patriarchal cultural norms that give rise to predetermined gender roles and violence against women have to be undertaken consistently and the efforts evaluated.

International Obligations on Gender

South Africa is signatory to a number of international and regional instruments on gender. The United Nations Convention on Ending All Discrimination against Women (CEDAW) (1979), the Beijing Platform for Action (1995) and the SADC Protocol on Gender and Development (2008) committed South Africa to recognising the rights of women as inalienable rights. These instruments also place a duty on the state to undertake progressive measures to realise the provisions contained in each of them.

CEDAW, a UN declaration of women’s rights, contains articles deal with non-discrimination, sex stereotypes, and sex trafficking (Articles 1-6). Women’s rights in the public sphere are deal with in articles 7-9 and ensure that women are provided with rights to representation and nationality. The rights of women to employment, health and education are described in Articles 10-14. There are also special protections for women in rural areas as their problems are generally regarded to be more acute. Articles 15 and 16 outline the right to women to equality before the law, particularly in marriage and family life. The remaining articles cover state reporting and the administration of the convention.

The Beijing Platform for Action was convened in 1995 and committed all signatory states to act on the CEDAW in concrete ways. In effect, the CEDAW contained enabling provisions while the Beijing Platform for Action spelled out the intent of its provisions as the empowerment of all women in conformity with the UN Charter and international law. The SADC protocol on gender and development created monitoring instruments to assess the progress of member states in the implementation of provisions derived from the CEDAW and the Beijing Platform. In assessing the UN Women’s Charter, the Beijing

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Sustainable Development Goals:

Goal 5

End all forms of discrimination against all women and girls everywhere.

Eliminate all forms of violence against all women and girls, including trafficking and sexual and other types of exploitation.

Eliminate all harmful practices, such as child, early and forced marriage and female genital mutilation.

Recognize and value unpaid care and domestic work through the provision of public services, infrastructure and social protection policies and the promotion of shared responsibility within the household and the family as nationally appropriate.

Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision making in political, economic and public life.

Ensure universal access to sexual and reproductive health and reproductive rights.

Undertake reforms to give women equal rights to economic resources, as well as access to ownership and control over land and other forms of property, financial services, inheritance and natural resources, in accordance with national laws.

Enhance the use of enabling technology to promote the empowerment of women.

Adopt and strengthen sound policies and enforceable legislation for the promotion of gender equality and the empowerment of all women and girls at all levels.

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Platform undertook to build a board consensus of state and non-state actors to address:

• The persistent and increasing burden of poverty on women

• Inequalities and inadequacies in and unequal access to education and training

• Inequalities d inadequacies in and unequal access to health care and related services

• Violence against women

• The effects of armed or other kinds of conflict on women, including those living under foreign occupation

• Inequality in economic structures and policies, in all forms of productive activities and in access to resources

• Inequality between men and women in the sharing of power and decision-making at all levels.

The SADC Protocol on Development and Gender aims to promote the equality of women in rights, access to services and economic opportunities through legislation, policies programmes and projects. The protocol further aims to give a regional framework to create a harmonious implementation of the UN Charter, CEDAW, Beijing Platform for Action, Convention of the Rights of the Child, the African Charter on Human and People’s Rights and the Millennial Development Goals (now Sustainable Development Goals). Under goal 5 of the Sustainable Development Goals, which South Africa has endorsed and implements, there is an obligation of signatory states to promote and achieve gender equality. There is a strong drive to build gender equality through the appropriate empowerment of women and girls.

The Worldwide Declaration on Women in Local Government was adopted in 1998. Its purpose, like the SADC protocol, was to promote the involvement of women in the decisions and affairs of local government and advancing the use of women’s knowledge and capabilities in sustainable development.

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Local Government Legislation and Gender

Local government is influenced by the international instruments to which the Republic of South Africa is signatory. However there is a significant amount of local government legislation that commits local government to advancing gender as part of its mandate.

The Constitution of South Africa stipulates that the management of its administrative, budgeting and planning processes ought to prioritise the needs of the communities in its jurisdiction.

Local Government Legislation and Gender

A number of legislations and policies specifically commit local government to protecting and advancing the rights of women. These include:

• The Employment Equity Act (1999)

• The Promotion of Equality and Prevention of Unfair Discrimination Act (2000)

• National Framework for Women’s Empowerment and Gender Equality (2002)

• Traditional Leadership and Governance Framework Act (2003)

• Communal Land Rights Act (2004).

There is in Chapter 2 of the Constitution a precept that requires all institutions of state to act in ways that advances the interests of those unfairly discriminated against. The state is obliged to ensure that state institutions are broadly representative of all and governed by democratic principles and values.

The White Paper on Local Government (1998) commits local government to meeting citizen needs through people-driven participatory methods. As many of the poor are women, they are the logical targets of initiatives around poverty reduction, employment creation and basic service access.

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The Municipal Structures Act and the Municipal Systems Act enable the participation and service delivery precepts of the White Paper.

Aside from these specific legislated goals, Local Government is obligated to ensure that all its policies and activities align with the obligations imposed by international and regional commitments.

Formation of the SWC

The SWC had its origin in the need “to coordinate, promote and advocate for gender appropriate strategies and practices within member municipalities and feed into regional and continental processes.”

The SALGA Women’s Commission was formally launched in 2010 at the Women in Local Government Summit and was enabled through a provision in Article 4 of the SALGA constitution that commits organised local government to promoting the interests of women in local government through the 50/50 campaign.

The launch of the SWC gave effect to the 2008 Women in Local Government Summit Resolution to promote the participation of women in local government and give effect to the international commitments established by the above items at the local level. The objectives and governance structures of the SWC are covered below:

GENDER EQUITY IN LOCAL GOVERNMENT

Article 4 of the SALGA constitution commits organised local government to pursuing the 50/50 campaign that guarantees women 50% of elected leadership positions in local government and within local government administrative

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Objectives of the SWC

• Evaluate the representation of women within the local governance structures;

• Identify and assess the relevance of policies and legislation designed to address and promote increased women's participation and gender inequality in local government structures;

• Identify specific social, economic, political, legal and cultural constraints hindering the full participation of women in local governance structures;

• Advocate for access to training and capacity building by women in local government leadership positions;

• Advocate for building and strengthening of partnerships with CSOs, especially women empowerment groups;

• Participate in national and regional fora to promote the united voice of women in local government;

• Make recommendations on appropriate capacity development for women in local government through training, advocacy and lobbying; and

• Make recommendations on appropriate remedies and identify specific challenges to improve the status of women so as to contribute to the achievement of gender equality in local governance structures.

Composition and Membership of the SWC

• Provincial and National Representation of SALGA politicians and officials (women and men); and

• Ex-officio representation from external structures (like minded organisations including for example; tertiary and or academic institutions, the media and civil society organizations).

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Role and Functions of the SWC

• Co-ordination of SALGA Women’s Commission processes;

• Providing annual status reports at the WIPLG Summit and to the UCLGA;

• Development of the National Implementation Plan for Local Government;

• Monitoring of gender mainstreaming processes in local government;

• Lobbying and advocacy (e.g. furtherance of the campaigns i.e. 50/50 campaign, Millennium Development Goals (MDGs) etc;

• Prepare and publish information designed to inform appropriate institutions on policy issues regarding women participation in local government;

• Promoting and sharing of best practices from member municipalities and across the borders; and

• Engagement with National Gender Machinery (NGM) and with other relevant gender structures locally and internationally.

Governance

• The SWC operated within the constitutional and governance prescripts of SALGA, with funding arrangements being the same as those in place for SALGA Working Groups;

• The SWC operated as a sub-committee of the Community Development Working Group;

• The Chairperson of the SWC reported to the Chairperson of the Community Development Working Group on its tasks and progress.

Since the convening of the SWC, the governance of the Commission has changed. The SWC has been elevated to an ex-officio status at the National Executive Committee in 2016 and no longer reports as a sub-committee to

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the Community Development working group. Presently, the national structure of the SWC reports to the National Executive Committee while provincial structures of the SWC report to their respective Provincial Executive Committees.

The constitution of the SWC allows for the election of its leadership at the SALGA National Conference. The National Conference itself is held within ninety days after a local government election. Leadership for all of SALGA’s national structures is elected at this conference for a five year period. Provincial leadership is elected in each province at provincial conferences.

Aims of the SWC at the local level

Women face issues with resources, safety and guidance. Mainstreaming gender into all programmes and projects at the local level as well as within public representation and municipal administration was thought to address these issues to a greater extent.

The process of gender mainstreaming plays an integral role in ensuring that communities move beyond attempts to merely integrate women in projects and management, by focusing on sustainable gender responsive development.

Gender mainstreaming thus requires that local government politicians and managers give considerable thought and resources to changing or transforming the development agenda so that it more adequately responds to the realities and needs of women and men, as well as girls and boys. A continued focus on the following is necessary:

• Ensuring an enabling an environment for more effective delivery on commitments to women in local government at legislative, policy and programmatic levels;

• Encouraging flexibility, harmonisation and coordination between various legislative frameworks, policy frameworks and regulations within and between local government stakeholders;

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• Supporting coordinated action at local level to realise the role and function of women in local government;

• Ensuring that legal, policy and institutional frameworks that support the role and function of women in local government are implemented; and

• Providing an overarching framework to support stakeholders and initiatives that create effective mechanisms for the role and function of women in local government.

Representation of women in local level political office

In 2016, the SWC committed to reinvigorating the 50/50 campaign. While women are increasingly assuming leadership roles in local government, the target of 50% female local councillors has still not been met, despite good progress over the last two decades.

SALGA and its partners will continue to have a dedicated, joint focus in fostering and building development partnerships with local, provincial, national, regional and international institutions in order to maximise support for government programmes.

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Thus the development and sustaining of partnerships with organised business, traditional leadership, religious, civil, society, professional and academic bodies is key to the future achievements of gender equality.

Key Resolutions and Recommendations of the SWC (2010-2016)

Year Resolutions and Recommendations2010 Transform LG to enable it to fulfil its developmental role

• Commitment to the implementation of the 2010 Women in Local Government Summit resolutions.

• The development of a monitoring and evaluation process to deter-mine effectiveness of interventions.

Develop Capacity

• Enhancement of Capacity through Training and Support Structures

• Capacity development on effective Marketing of the SWC.

• Capacity building on challenges faced by Women in Provincial and Local Government.

• Training and support to enhance the capacity and coordination of existing interventions at the local level.

Strategic Profiling

• Raising the profile of the SALGA Women’s Commission.2011 No Commission convened due to LG elections.

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2012 Ensure full participation of women in LG

• Commissioners will support Women Empowerment, Gender Equality and Equity Programmes in local government with a focus on women representation and participation.

• Noting the reversal towards the 50/50 gains, Commissioners Com-mit to Overcoming Challenges faced by Women Councillors in Municipalities.

Knowledge building

• Deliberate on current policy issues pertinent to gender equal-ity debates, including the Gender Equality Bill and the Traditional Courts Bill.

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2013 Transform LG to enable it to fulfill its developmental role

• Commit to implementing the Empowerment of Women and Gen-der Equity Act.

• Commit to achieving 28 points of the SADC Gender protocol by 2015.

• Ensure that IDPs have an impact on the lives of women and girls by ensuring 15% of SIP budgets are ring-fenced for women and reinstate Gender Budget Commitments of 1998/9.

• Ensure women benefit from municipal budgets and their social, economic and political objectives are supported.

• Support civil society that advances the social and economic rights, GBV and poverty relief interests of women.

• Build cross-sectional partnerships and set benchmarks.Ensure full participation of women in LG

• Commit to 50/50 principle for women in political representation and senior management in all levels of government.

• Support CGE recommendation for 50/50 principle in party list system.

• Strengthen or establish IGR gender fora, including female traditional leaders.

• Improve women’s participation in elections through zebra list prin-ciple, voter participation and party list representation.

Develop Capacity

• Support capacity building programmes that empower women in general and young women in particular.

• Form partnerships with the private sector, civil society and govern-ment to support bursaries, learnerships and women awards.

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2014 Ensure full participation of women in LG

• Ensure that SWC terms of reference are implemented.

• Support women’s involvement in electoral processes as candidates, electoral system participants and voters.

• Advocating for women’s representation in political parties.

• Placing women empowerment and gender equality on the local government agenda.

• Ensuring gender responsive budgeting in the IDP.

• Ensure the increase in numbers of women in public hearings and policy development processes.

• Supporting constitutional reform to bring about quotas for leader-ship positions.

• Supporting the amendment of the Electoral Act, the Municipal Electoral Act and the Structures Act to accommodate the 50/50 principle.

• Supporting the creation of complaints, ombudsman and sanction mechanisms for non-compliance.

• Supporting lobbying and advocacy groups in education, interven-tions and submissions in the 50/50 campaign.

• Develop a culture of support and respect regarding political roles and responsibilities.

• Strengthen the IGR process.Develop Capacity

• Raise awareness on the different structures that operate at the lo-cal level; for oversight, accountability, advocacy and reporting.

• Support a review of the SALGA skills development and induction strategy to monitor impact.

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Raise the profile of LG

• Conduct education campaigns with communities in the roles and mandates of local government and councillors.

Employment Conditions

• Support improved terms of service for female councillors around maternity leave, study leave and just remuneration.

2015 Lobbying and Advocacy

• SWC lobby for amendments to the Electoral Act, Municipal Elec-toral Act and Municipal Structures Act to legislate the principle of 50/50.

• SWC should engage with political parties to implement internal policies and mechanisms to support women’s political participation and representation, including embedding the principle of 50/50 in their party constitutions.

• SWC should champion and ensure full implementation of Employ-ment Equity legislative obligations within municipalities so that targets of 50% women in leadership, and 2% people with disabili-ties, are attained.

• The principle of 50/50 should extend to Mayoral Committees and all other municipal structures and leadership positions.

• Women representatives should include a diversity of women, including young women and women with disabilities.

• Advocate for continuity for current women Councillors in the next LG elections and Outgoing women Councillors to be replaced with women candidates.

• SALGA should advocate for amendments of legislation that affect women, especially the widows including the Pension Fund Act which discriminates against widows when they enter their second marriages.

• Mother-daughter dialogue with young girls is needed to address the high teenage-pregnancy level and prioritise education.

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• SWC should conduct an audit of all the existing problems that will inform the programs to be developed per municipality.

• Women leaders should lobby for women development within their municipalities.

• National & Provincial Governments should sub-contract companies within the municipal database for development programmes at Local Level.

• Municipalities should have a database of all cooperatives in their locality.

• Programmes should focus on rural areas and not merely urban areas.

Transform LG to enable it to fulfil its developmental mandate

• Municipalities must institutionalise gender mainstreaming.

• 25% of LED budget in municipalities must be set-aside for women economic projects.

• Municipalities should engage with different stakeholders in order to make an audit on the level of problems in the communities and develop joint programmes.

• Municipalities should assist women in establishing cooperatives and equip them with relevant resources as a means of alleviating poverty.

• Municipalities to collaborate with key strategic stakeholders to develop joint programs, monitoring and evaluation systems.

• Ward Councillors should participate in “war-rooms”.

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Ensure full participation of women in LG

• To increase the representation and participation of women leader-ship on Organised Local Government at National and Provincial level in both the administrative and political wings of Local Govern-ment.

• To adopt the 50/50 representation of men and women in all structures of Local Government and that the 50% quota must be legislated as part of the SALGA constitution.

• To ensure that the first SALGA NEC and Municipal Councils adopts the 50/50 re-launch for the coming 2016 Local Government Elections and beyond

• To ensure that SALGA and its member municipalities set up well –resourced gender machinery/structures, the SALGA Women’s Commission, Women’s Caucuses, Gender Section 79 Commit-tees and the gender focal points, to implement the Gender Policy Framework for Local Government.

• To support the roll-out of the Gender Policy Framework for Local Government.

• Establish councillors’ Gender Equality Committee to oversee gender mainstreaming; a multi-party women’s caucus; gender focal points and gender forums and advocate for Gender Focal Person as an administrative post.

• Women Caucuses to be functional and have budgets to develop a programme of action and calendar of activities.

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Develop Capacity

• Women Councillors need to be trained on issues such as commu-nication, meeting procedures, Constitution and relevant legislation, and participating in council discussions.

• Women Councillors to attend Adult Based Education and Training (ABET)

• Study groups to be established, to inform Councillors on issues discussed at council level.

• Municipalities must facilitate training and capacity building for women structures in municipalities.

Employment Conditions

• Ward Councillors to advocate for Municipalities to provide child care facilities to enable Councillors with young children to partici-pate fully in council processes.

• SALGA must lobby and advocate for benefits for women Council-lors (maternity and annual leave benefits).

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2016 Lobbying and Advocacy

• All Women caucuses should be established as Section 79 commit-tees in Councils.

• There should be an alignment of the SWC programme with pro-vincial women caucuses in the Legislature.

• SALGA to make use of the Speakers and Municipal Managers’ platforms to advocate for special programmes.

• Escalate partnerships with relevant departments i.e. Department of Rural Development and Land Reform on the impact of SPLUMA with regards to women Councillors leading the developmental state of municipalities and access to land.

• SWC to lobby for women representation in all IGR structures e.g. Financial Fiscal Commission (FFC), National Council of Provinces (NCOP), Ministers and Members of the Executive Council (MIN-MEC) etc.

• SWC should be a stand-alone/independent committee, it should operate in accordance with the established guidelines of the UCLG Women’s Commission with its own formal programme and own budget.

Transform LG to enable it to fulfill its developmental role

• Key Performance Indicators for Section 56 & 57 Managers including Municipal Managers should include gender mainstreaming.

• The Service Delivery and Budget Implementation Plans of all units should be clear on gender mainstreaming.

• Women’s Commission should advocate for 50/50 legislated quotas for women representation.

• Women with disability programmes should be included in the Women’s Commission work plan.

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Ensure full participation of women in LG

• Programmes advancing women should be aligned to 50/50 repre-sentation and participation principle.

• Build and strengthen partnerships with stakeholders to empower women.

• Women caucus must be standing Agenda item in Council meetings.

• Role clarification on women structures operating in local govern-ment.

Develop Capacity

• Capacity building training for women Councillors be identified and also accredited.

• SALGA Councillor Induction Programme- post local government election to incorporate gender mainstreaming and local govern-ment structures (SWC, WC and Gender Forum).

• All SWC related capacity building programmes to be coordinated and conducted from SALGA Leadership Academy.

• Build awareness and connections for women with the intention to empower and build capacities.

• The Women’s Commission to be the main driver for knowledge sharing and learning through learning networks, events, communi-ties of practice, coaching and mentoring as well as study tours.

Strategic Profiling

• Profile the achievements of the past, present and future elected women Commissioners.

Employment conditions

• To lobby national implementation of improved conditions of service for women Councillors e.g. maternity leave, study leave and just remuneration benchmarked against other public representatives.

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Achievements of the SALGA Women’s Commission

The SALGA Women’s Commission developed a Program of Action (POA) as a tool to outline the scope of work in accordance with the Terms of Reference and the POA was adopted as a reporting and monitoring tool to inform the SWC in meeting its objectives.

The POA consolidated the work of the provincial chapters of the SWC with the work at the national level to ensure alignment and cohesiveness on activities as they contribute to the overall desired interventions and anticipated impact of the unitary SALGA Women’s Commission.

Overall achievements include the following:

• Embarked on roadshows for the establishment and revival of women structures i.e. women’s caucus as advocacy platforms

• Induction workshops to explain gender mainstreaming and role clarification of (focusing on composition, roles and functions, reporting lines) of women structures operating in Local Government; notably - the SWC, women’s caucus and special programme MMC

• Participation in a number of commemorative events and campaigns i.e. International Women’s Day, National Women’s Day, 16 Days of Activism for No Violence Against Women and Children

• Campaigning and lobbying for gender mainstreaming responsive and sensitive budgets and IDPs to ensure broad participation (advocate for budget allocation and space for programme in municipal plans and raising awareness in stakeholder engagements, council forums, community workshops and dialogues etc)

• Facilitated voter education workshops and dialogues on women’s participation and representation in elections (conducting voter education with specific target being on women emphasising on their election rather than being mere voters)

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• Forging collaboration and partnership with stakeholders for joint implementation of programmes

• Assisting municipalities with the development of gender mainstreaming policies and actin plans and strategies to guide implementation

• Participation in Inter-Governmental Relations (IGR) platforms to present on the role of the SWC and gender mainstreaming projects and programmes in local government (strengthening of IGR processes)

• Advocating and campaigning for legislation of the quota system for women representation in political parties and supporting the amendment of the Electoral Act and Municipal Structures Act to ensure the alignment of the 50/50 quota;

• Compiling annual audits to determine the status quo on the representation and participation of women in leadership positions in Local Government

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Members of the SALGA Women’s Commission

Cllr Sindiswa Gomba National CommissionerCllr Lindelwa Ntlonze Provincial Commissioner ECCllr Disebo Nakedi Provincial Commissioner FSCllr Patricia Kumalo Provincial Commissioner GPCllr Hlengiwe Mavimbela Provincial Commissioner KZNCllr Maria Lekganyane Provincial Commissioner LPCllr Shelly Nkadimeng Provincial Commissioner MPCllr Eileen Drage-Maritz Provincial Commissioner NCCllr Poppy Seduku-Maje Provincial Commissioner NWCllr Lutisia Daries Provincial Commissioner WC

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Contact Details:Telephone: (012) 369 8000Fax: (012) 369 8001

Physical Address:Menlyn Corporate Park, Block B175 Corobay AvenueCnr Garsfontein and CorobayWaterkloof Glen ext11Pretoria

www.salga.org.za

Social Media

Facebook: South African Local Government Association (SALGA)

Twitter : @SALGA_Gov

YouTube: SALGA TV