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
and enforced. Measures to maximize the implementation and monitoring the implementation of
these legislations should be considered with the Department of Women working in collaboration
with Departments mandated with the implementation.
Audit of Gender laws
67. The General Law Fourth Amendment, 1993298 was specifically enacted to repeal or to amend
provisions that differentiated between men and women. It repealed discriminatory laws
regarding, inter alia, citizenship, attendance at trials, dismissal of female employees on marriage,
and the prohibition of women from performing dangerous work or night shifts.
68. Shortly after the 1994 democratic elections, South Africa embarked on elaborate law reform
aimed at aligning its laws with the values that underpin a constitutional democracy. In 1998, the
CGE concluded a comprehensive study that identified laws which discriminated against women,
either directly or indirectly. On the basis of this study, South Africa further embarked on an
elaborate law reform programme that has seen the repeal and amendment of statutes and
provisions that discriminated directly or indirectly against women.
69. The Black Administration Act, 1927299 which was reminiscent of past divisions and discrimination
in general, and regarded women as minors who could not own property or conclude contracts in
their own right, was repealed by the Repeal of the Black Administration Act and Amendment of
Certain Laws Act, 2005300
70. In the public service sector, a comprehensive review with the aim of eradicating all discriminatory
practices resulted in the passing of the Public Service Act, 1994301 the provisions of which are all
recast in non-sexist language. In addition to repealing or amending discriminatory laws, South
Africa has also ensured that gender considerations are mainstreamed into new laws and in generic
instruments in areas such as education, skills development, broadcasting, mining, and land
redistribution.
MEASURES OF IMPLEMENTATION OF SPECIFIC PROVISIONS OF THE PROTOCOL
ARTICLE 2: ELIMINATION OF DISCRIMINATION (Equality / Non-Discrimination)
71. The promotion of equality / non-discrimination is a constitutional imperative in South Africa.
Section 9(3) of the Constitution prohibits discrimination on a number of grounds including race,
gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age,
disability religion, conscience, belief, culture, language and birth.
298
Act No. 132 of 1993
Act No. 38 of 1927
300
Act No. 28 of 2005
301
Proclamation 103 of 1994
299
154
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