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
Criminal Law (Sexual Offences and Seeks to protect women and children by criminalising a wide
Related Matters) Amendment Act, range of acts of sexual abuse and exploitation.
2007 (Act No. 32 of 2007)
Domestic Violence Act, 1998 (Act Seeks to afford the victims of domestic violence the maximum
No. 116 of 1998)
protection from domestic abuse that the law can provide
Children’s Act, 2005 (Act No. 38 of Provides a broad framework for the protection of children’s
2005)
rights including those of the girl child.
Employment Equity Act, 1998 (Act Seeks to promote equal opportunity and fair treatment in
employment through the promotion of affirmative action and
No. 55 of 1998)
the elimination of unfair discrimination.
Basic Conditions of Employment Protects labour rights including those that are specific to
Act, 1997 (Act No. 75 of 1997)
women workers.
Preferential Procurement Policy Provides a framework for preferential treatment of historically
Framework Act, 2000 (Act No. 5 of disadvantaged groups (such as women) in procurement
transactions. The Act provides specific targets for women and
2000)
people with disabilities.
Recognition
of
Customary Recognises and protects women in customary marriages,
Marriages Act, 1998(Act No. 120 of including those in polygamous marriages.
1998)
Maintenance Act, 1998(Act No. 99 Protects children (including the girl child)during the dissolution
of the marriage, or of children borne out of wedlock, or to
of 1998)
absentee fathers.
Prevention and Combating of Protects women and children from trafficking
Trafficking in Persons Act, 2013 (Act
No. 7 of 2013)
77. South Africa has also adopted a series of policies that seek to ensure equality for women and
elimination of gender discrimination. The National Policy Framework for Women’s Empowerment
and Gender Equality (2000) (hereinafter referred to as the National Gender Policy) outlines South
Africa’s vision for gender equality and how it intends to realise this ideal. It enumerates the
overarching principles for integration by all sectors into their own sectoral policies, practices and
programmes.
78. Other relevant policies include, amongst others, the White Paper on Transformation of the Public
Service 1995, and the White Paper on Affirmative Action, 1998. The former established the policy
framework for guiding the introduction and implementation of new policies and legislation aimed
at transforming the South African Public Service. The latter policy’s main goal was to establish a
policy framework for speeding up the creation of a representative and equitable Public Service
156
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