REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA 30. South Africa has also made a number of key commitments at the sub-regional, continental and international levels on promoting women’s empowerment and achieving gender equality. These include the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (ratified in 1995), the Beijing Declaration and its Platform for Action (signed in 1995), the Millennium Declaration and its Development Goals (MDGs) (adopted in 2000), the African Union Heads of States’ Solemn Declaration on Gender Equality in Africa (ratified in 2004), the African Women’s Protocol (ratified in 2004) and most recently the SADC Protocol on Gender and Development (ratified in 2011). 31. It should be noted that South Africa as a state party to the UN CEDAW presented its combined 2nd, 3rd and 4th Periodic Report to the UN CEDAW Committee on 19 January 2011. Applicability of the Protocol 32. Our Constitution has adopted a mixed approach to the incorporation of international law into our domestic law. It assumes a dualist approach in relation to treaties and a monist stance in respect of customary international law.286 33. The dualist approach means that international law is not directly applicable domestically. It must first be translated into national legislation before it can be applied by domestic courts. 34. Pursuant to section 231(4) of the Constitution, an international agreement becomes law in South Africa upon its enactment into national legislation.287 Although the African Women’s Protocol has not been enacted into law as such in South Africa, most of its provisions have already been incorporated into a number of national statutes. Details of the national statutes which are in compliance with the Women’s Protocol are outlined in the report. 35. Moreover, section 233 of the Constitution compels every court, when interpreting any legislation, to prefer any reasonable interpretation of the legislation that is consistent with international law over any alternative interpretation that is inconsistent with such law. The courts are also obliged to consider international law when interpreting the Bill of Rights. 286 Deputy Chief Justice D Moseneke, “The role of comparative and public international law in domestic legal systems: a South African perspective” December 2010 287 S 231: “(1) The negotiating and signing of all international agreements is the responsibility of the national executive. (2) An international agreement binds the Republic only after it has been approved by resolution in both the National Assembly and the National Council of Provinces, unless it is an agreement referred to in subsection (3). (3) An international agreement of a technical, administrative or executive nature, or an agreement which does not require either ratification or accession, entered into by the national executive, binds the Republic without approval by the National Assembly and the National Council of Provinces, but must be tabled in the Assembly and the Council within a reasonable time. (4)Any international agreement becomes law in the Republic when it is enacted into law by national legislation; but a self-executing provision of an agreement that has been approved by Parliament is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament. (5)The Republic is bound by international agreements which were binding on the Republic when this Constitution took effect.” 147