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Article
Gender Questions
https://doi.org/10.25159/2412-8457/6458
https://upjournals.co.za/index.php/GQ
ISSN 2412-8457 (Online) | ISSN 2309-9704 (Print)
Volume 7 | Number 1 | 2019 | #6458 | 15 pages
© Unisa Press 2020
Bridging the Gender Gap and Promoting
Representation of Women in the National Parliament:
A Comparative Analysis Study of South Africa and
Lesotho
Jerry Tsheukoto Mojapelo
https://orcid.org/0000-0001-7256-8568
Tshwane University of Technology,
South Africa
mojapelo1983@gmail.com
Monde Ephraim Faku
https://orcid.org/0000-0002-8091-6216
Tshwane University of Technology,
South Africa
FakuEM@tut.ac.za
Abstract
This research paper aims to discuss one of most significant issues that many
developing countries are grappling with: the gender representation gap in the
African political sphere. The purpose of this research paper is to make a
comparison in terms of the available legislative frameworks of South Africa and
the kingdom of Lesotho. This research focused on bridging the gender gap and
promoting the representation of women in the national parliaments of South
Africa and Lesotho. In this article significant efforts were made to explore goal
three of the Millennium Development Goals (MDG) which deals with the
promotion of equality and empowerment of women. The following aspects were
considered: the promotion of access to higher education for women, the
protection offered by the constitution and the elimination of discriminatory
practices against women, legislative provision in bridging the gender gap and
affirmative action policy. The methodology that was adopted in this article was
a qualitative approach. An unobtrusive method was employed to analyse the
secondary data. The aim of this research is to contribute to and enhance the
relevant body of knowledge. Although serious strides have been made in closing
the gender representation gap and promoting women in politics, some countries
are still lagging behind in the representation of women in key influential
positions like parliament. However, other African countries have made progress
in empowering women in their respective countries. This includes countries like
Rwanda, where the national parliament consists of more than 63% women.
Finding are discussed in greater detail as well as the limitations of the study, and
lastly possible recommendations are explored.
2
Keywords: South Africa; Lesotho; parliament; women; empowerment; employment
equity; gender representation; legislation
Introduction and Background
The majority of women across the globe still face under-representation, gender
discrimination and are deprived of basic human rights. Parliaments globally are no
exception. It is estimated that a global average figure for female representation in
parliaments stands at a mere 24.3% (Inter-Parliamentary Union 2019a). South Africa
and Lesotho are inimitable in various ways, not least in terms of population size, gender
representation and geographical size. These two countries vary fundamentally at a
political and democratic level as sovereign states (Mählck and Thaver 2010). Regardless
of equal opportunities legislation, marital status and parenthood interfere with women’s
progress. Employers are more reluctant to offer job opportunities to women due to
career interruption and family commitments (Melamed 1996). For women, marriage
and children often constitute a burden that limits career progression (Kirchmeyer 2002).
And for women specific activities, like job relocation and employment continuity, may
result in them advancing less to decision-making positions than men (Tharenou 1999).
Men’s career progress is less likely to be affected by parenthood and marriage compared
to women. These factors are less likely to be considered by employers when making
promotion and hiring decisions (Melamed 1996). Since the dawn of democracy in 1994,
one of South Africa’s major challenges and concerns of the new democratic government
was to grant employment opportunities to women and redress political, social and
economic injustices that characterised the old apartheid system under the National Party
(NP) government (Groener 2014; Maumbe and Van Wyk 2008; McIntyre and Gilson
2000). South African women, predominately African women, have endured double
oppression; this includes more economic exclusion and prejudice than any other race
(Canham 2014). In 1992, the Convention for Democratic South Africa (CODESA) talks
were held in Kempton Park, now the City of Ekurhuleni, to pave way for a non-racial
and non-sexist society and a constitutional democratic state was established under the
stewardship of former President Nelson Mandela as the first democratically elected
president (Dominy, Boatametse, and Gilder 2010). The new political dispensation under
the African National Congress (ANC) entered vigorous discussions with various
political parties and drafted a new Constitution that was inclusive of all racial groups.
The new Constitution required state institutions to vigorously undergo the government
transformation agenda (McEwan 2003; Wittmann 2012). Internationally the
participation of women in the world’s economy and politics has received unprecedented
attention. Such a paradigm shift was dictated by the fact that more women are becoming
better educated and economically emancipated. According to the International Labour
Organization (ILO), it is estimated that there are 2.9 billion workers and women
constitute 40% of this figure (Kiaye and Singh 2013). In South Africa, the Employment
Equity Act No. 55 of 1998 (EEA) was promulgated. The aim of this legislation is to
promote equal opportunities in the workplace by eliminating unfair discriminatory
practices that hinder progress in workplaces (Venter and Levy 2011). Traditionally,
3
state institutions in South Africa have been male dominated, especially at senior
management positions and Parliament (Littrell and Bertsch 2013). Like any other infant
democracy undergoing transformation, gender representation for women in many
African countries remains a mammoth task and much still needs to be done to ameliorate
the under-representation of women in key state institutions like parliament (Lewis and
Uys 2007). The kingdom of Lesotho gained its independence from the British before
South Africa in October 1966. Lesotho is positioned right within the Republic of South
Africa and has a population of over 2 million citizens (UNDP 2015, 15). Women in
Lesotho are postulated to enjoy high status in public institutions as well as the national
government. But this seems to have regressed a bit (Matlosa and Sello 2005; Monyane
2009).
Millennium Development Goals
Acker (2006) notes that formations of discriminatory practices develop in diverse ways
in different institutions. The bases of inequality are socially constructed differences
between men and women. It is widely believed that when an appropriate leverage of the
talents of men and woman is better diversified it enhances a balance in decision-making
processes, and thus contributes positively to a country’s development (Gokulsing and
Tandrayen-Ragoobur 2014; Maoseno and Kilonzo 2011). Closing gender gaps is
therefore not only an issue of equal rights, but also an issue of economic emancipation
of women (ILO 2010). As opined by Littrell and Bertsch (2013), goal three of the
Millennium Development Goals emphasises the empowerment of women and
promotion of gender equality in key positions of responsibility in decision-making. In
the rest of the African continent, South Africa and Rwanda have become leaders in
campaigning for women’s rights and gender equality in the National Assembly (NA).
The South African Constitution, as stated in Section 9 (3) (RSA 1996), recognises
equality before the law. This right includes also the right of women to be subjected to
fair representation and employment practices (UN Millennium Development Goals
2013; RSA 1996). Both Lesotho and South Africa subscribe to the MGDs as set by the
United Nations (UN). Lesotho invests in and dedicates a substantial budget to education.
Lesotho’s government in 2014 allocated 36.4% to tertiary education, 36% to secondary,
and 20.5% to primary education. Tertiary education received the biggest portion of the
budget. As succinctly articulated by Akoojee and Nkomo (2011, 118–19), tertiary
education is usually seen as gateway out of poverty in many African households,
particularly for women. This means that the attainment of higher education emancipates
women (Adams 2012).
The Promotion of and Access to Higher Education for Women in
South Africa and the Kingdom of Lesotho
In South Africa, the Nationalist government deliberately established an inferior and
fragmented higher education system which was gender and racially skewed. The
National Party government unleashed an unjust and inferior education system known as
“Bantu Education” that systematically excluded the African majority, of whom the
4
majority were women (Reddy 2004). Inequality in terms of gender reflects a structural
disparity in society (Assié-Lumumba 2006). The best strategy to eradicate inequality in
the workplace, government institutions and society is through the attainment of access
to education, specifically higher education. This can only be achieved by making access
to tertiary education realizable for women. The term “access” has different connotations
and meanings for different people. For the purpose of this study, access is defined as the
entry of a candidate into higher institutions of learning following the removal of any
barriers which might deny access to such candidates (Mathekga 2012). To narrow the
gap of widening inequality, the South African government under the stewardship of
higher education and training minister, Dr Blade Nzimande, opened two new
universities: the University of Mpumalanga (UMP) and Sol Plaatje University (SPU),
which is situated in the Northern Cape to ensure accessibility becomes a reality for many
previously disadvantaged groups, especially women (ANC 2014, 37; DHET 2014). The
state also has a responsibility to narrow the gap between genders by increasing tertiary
funding, which is a colossal challenge for the state as it has other obligations to fulfil
(Wangenge-Ouma and Cloete 2008). It is noteworthy that after 25 years of democratic
rule South Africa still faces challenges of attempting to eliminate gender discrepancy
because of the cruel apartheid system that segregated and classified the population in
terms of racial groups. This system created disproportions in terms of education and
employment trends in South African state institutions (Seabi et al. 2014). Chapter 3 of
the Employment Equity Act No. 55 of 1998 (RSA 1998) requires that all employers and
universities strive towards levelling the playing field to achieve gender representation
by increasing accessibility of education for women in institutions of higher learning
(Venter and Levy 2011). The South African government in 2019 allocated R38.7 billion
of its budget to finance higher education (National Treasury 2019). The higher
education budget in South Africa accounts for 2.6% of the total government spending
(Mählck and Thaver 2010). These amounts do correspond with the massive access to
higher education in terms of numbers of females in universities and TVET colleges.
This can translate into more women accessing and ultimately occupying strategic
positions in state institutions like Parliament (MoE 2001). To strengthen this statement,
in 1994 South African universities experienced a massive influx of women entering the
higher education system. In 1993 the number of female students in South Africa stood
at 43%. Then, in 1999, the percentage of women increased to 53%. This is a clear
indication that the South African government through its pro-poor policies has covered
a lot of ground in addressing access to higher education for females (Molla 2013, 197–
98). In South Africa, there seems to be an upward movement for state institutions in
breaching the gender gap and achieving satisfactory gender representation in the high
echelons of management. It is evident that South Africa is doing markedly well in
making sure that education is accessible so that women can be emancipated
economically and play a meaningful role in the society from which they emanate (HESA
2014). The large number of women entering the higher education system can be
attributed to the fact that women are in the majority in terms of numbers as compared
to their male counterparts in South Africa. Currently the population of South Africa
5
stands at 58.78 million. Women make up 51.2% which is approximately 30 million
(Stats SA 2019).
Table 1: Mid-year population estimates for South Africa by gender.
Gender
Population figures
Male
28.672 747
Female
30. 102 275
Total
58.775 022
(Source: Stats SA 2019)
The same phenomenon is also evident in Lesotho in terms of access to education as
there are more women accessing education and attaining tertiary education than men.
According to the Lesotho Election Observation Mission Report (2002), the dearth of
jobs has contributed to more men moving to various neighbouring countries, mainly
South Africa, to search for better economic opportunities in the mining and agricultural
sectors. It was estimated that in 1995 over 25% of men were working in South Africa.
Lesotho has one of the highest literacy rates amongst women on the continent. This is a
rare occurrence in a country that is classified as a third world country. As mentioned,
more men are leaving Lesotho and coming to work as migrant workers in the mines of
South Africa. This manifestation has led to more women having an upper hand over
men in attaining education, and occupying significant and influential positions in public
institutions (Mataga 2008). Women in Lesotho are also in the majority as they constitute
52% of the total population. According to World Population Review (2019), Lesotho
has a population of 2.13 million. This figure however is not reflective of positions that
are occupied by women in state institutions such as Parliament (Letuka, Mapetla, and
Matashane-Marite 2004).
The Protection of the Constitution and Elimination of
Discriminatory Practices against Women
Embracing diversity in a workplace is paramount as it enhances the competitive
advantage in an organisation and is regarded as a strategic necessity to enable the
survival of any organisation. This includes representation of women in parliament
(Bagraim et al. 2011). The preamble of the South African Constitution was founded on
the principles of equality before the law and social justice. Social justice in this instance
includes adequate representation and economic participation of women in Parliament
(Bendix 2000; RSA 1996). Section 9 of the South African Constitution, referred to as
the “Equality clause,” specifies that everyone is equal before the law and has the right
to equal protection, enjoyment and benefit of the law. Section 9 (3) of the Constitution
indicates that the state may not unfairly discriminate against any person based on the
following grounds: gender, race, marital status, age, belief and disability. Subsection 4
of the Constitution further continues to state that national legislation such as the
Employment Equity Act must be ratified to prevent unfair discriminatory practices. This
6
means that when vacancies are advertised through various mediums like the internet,
newspapers and the government gazette, preference should be accorded to the
designated groups, including women (Schackleton, Riordan, and Simonis 2006).
Similar to South Africa, Lesotho’s Constitution also recognises equality before the law
and prevents any form of discrimination in society and workplaces. Even though
Lesotho attained its independence before South Africa, women were not allowed to hold
any public office in Lesotho and this was manifested by well-engineered patriarchy in
surrounding communities. Similar to the South African Constitution, Lesotho’s Section
18 (2) and (3) of the Constitution stipulates that no person shall be treated in a
discriminatory manner by any person acting by virtue of any written law or in the
performance of the function of any public office or public authority. Section 18 (3) states
that no person should be discriminated against on the following grounds: race, colour,
sex, language, religion and political opinion (Lesotho 1993).
Legislative Provision in Bridging the Gender Gap
Women continue to bear the effects of snail-paced career progression and
marginalisation in many key public institutions. Women are still being underutilised by
the majority of employers in the high echelons of management. Research that was
commissioned by the Commission on Gender Equality (CGE) in South Africa indicated
that one in four vacancies were filled by women in the private sector as compared to the
public sector which accounted for two-thirds of women in employment (Grobler et al.
2011). A perfect example of this is the South African Parliament which is performing
exceptionally well in employing women. Over 45.25% of posts in the South African
National Assembly are occupied by women as compared to the 2014 figures of 42%.
This figure makes South Africa the third internationally when it comes to female
representation in public institutions such as parliament (Electoral Commission of South
Africa 2019). In South Africa, the Employment Equity Act (RSA 1998) became a game
changer and a significant instrument to increase the representation of designated groups,
especially women (Hedig and Lance Ferris 2014). After intense negotiations by all
major stakeholders in government which included business, civil society, labour and the
state at National Economic Development and Labour Council (NEDLAC) all the parties
agreed on the establishment of the Employment Equity Act. The purpose of this
legislation was to include and promote women’s participation in the economy. In
October 1998, the Act was passed before Parliament (Finnemore and Van Resburg
2002). The Employment Equity Act made provision for fair discriminatory practices
based on the inherent requirements of the job and affirmative action as an acceptable
government policy to redress the imbalance of the past and foster adequate
representation (Grobler et al. 2011). In Lesotho there seems to be no dedicated pieces
of legislation that tackle and promote gender equality and representation besides the
Constitution. The latter policy will be discussed in detail in the next section.
7
Affirmative Action Policy
Despite still being paid lower salaries than men, salaries for women in South Africa are
far better than their female counterparts in Lesotho. In addition, gender roles in both
countries have changed and many women have assumed the role of breadwinner in their
households. However, despite changing roles in households, women still suffer
tremendous discrimination and oppression in Lesotho because of patriarchy.
Traditionally, women must follow and conform to the will of their families without any
defiance, which is mostly organised in a patriarchal manner and prefer that women stay
at home (Makhema 2009). The phrase affirmative action (AA) was first mooted in the
United States (US) in the 1960s by the civil rights movement. In the early 1990s, white
males constituted a mere 6% of the total population in South Africa. This figure
highlighted a worrying picture as white males continued to occupy 96% of senior
positions in organisations. This meant that most Black people occupied lower levels in
the workplace. This phenomenon is referred to as the “Irish coffee syndrome” (Bendix
2000). The phrase “affirmative action” is defined as a proactive, conscious effort to
redress the disadvantages of the past and to increase the representation of marginalised
groups of the population in leadership positions in organisations (Tladi 2001; Visagie
1999). The primary object of affirmative action is to ensure that employees who are
qualified and competent from the previously disadvantaged groups be bequeathed fair
employment opportunities and that they be fairly represented in all employment
categories including parliament. Previously disadvantaged groups in the South African
context include the following: Women, Blacks, Indians, Chinese, Coloureds, Asians,
and the physically challenged (Venter and Levy 2011). Article 5 of the Southern African
Development Community’s (SADC) Protocol on Gender and Development addresses
the issue of affirmative action measures (SADC 2008). It stipulates that all member
states should put in place affirmative action measures to address obstacles that prevent
women from meaningfully playing a constructive role in employment. Furthermore,
Article 6 outlines that members should strive to abolish all forms of discriminatory
practices against any person on the basis of gender (Mahapa 2003; SADC 2008). The
Lesotho government should be extolled for trying to narrow the gap of inequality by
abolishing discrimination. The Lesotho government took a bold step in implementing
radical measures by amending the Electoral Act of 2011, and appointing women in
senior positions in public institutions. The Act stated that parties submitting candidates’
lists for elections should reflect the demographic and gender inclusivity. This means
that one third of the seats should be reserved for women in an attempt to eliminate
discrimination in state institutions (Kapa 2013). During the 2007 elections, there were
only nine women in Lesotho’s Parliament. These were seven ministers and two deputy
ministers who comprised 39% of parliamentary seats. After another round of elections
in 2012, five females were selected to serve as ministers and three were chosen as
deputies. This indicates a serious decline of 12% from the previous cabinet
(Bertelsmann-Stiftung 2014). Table 2 below indicates the ranking of African countries
in terms of gender representation of women. South Africa has performed immensely
well and is ranked number 11. It has surpassed many advanced democracies like the
8
United States of America, the United Kingdom and Italy in the gender representation
barometer of women in parliament (Inter-Parliamentary Union 2019b). This
phenomenon can be attributed to the fact that the South African government deliberately
made it their priority to eradicate gender inequality in the workplace as well key state
institutions like Parliament (Kiaye and Singh 2013).
Table 2: Ranking of women in parliament in Africa
Ranki
ng
Country
Lower or Single House
Upper House or Senate
Electio
ns
Seat
s
Wom
en
%W
Electio
ns
Seat
s
Wom
en
%W
1
Rwanda
09/201
8
80
49
61.2
5
09/201
9
26
10
38.4
6%
10
Namibia
11/201
4
104
48
46.1
5
12/201
5
42
10
23.8
1
11
South
Africa
05/201
9
396
181
45.7
1
05/201
9
53
20
37.7
4
15
Senegal
07/201
7
165
69
41.8
2
–
–
–
–
19
Mozambi
que
10/201
4
250
99
39.6
–
–
–
–
24
Ethiopia
05/201
5
547
212
38.7
6
10/201
5
153
49
32.0
3
29
Republic
of
Tanzania
10/201
5
393
145
36.9
–
–
–
–
30
Burundi
06/201
5
121
44
36.3
6
07/201
5
39
18
46.1
5
31
Tunisia
10/201
4
217
78
35.9
4
–
–
–
–
41
Zimbabw
e
07/201
8
270
86
31.8
5
07/201
8
80
35
43.7
5
80
Lesotho
06/201
7
120
28
23.3
3
07/201
7
32
7
21.8
8
(Source: Inter-Parliamentary Union 2019b)
In 1997 the Southern African Development Community’s heads of states made a
commitment to address gender disparity and ensure representation of women in
9
decision-making positions such as the National Assembly. A target of 30% was set by
the member states to address the disparities in public institutions (Vyas-Doorgapersad
and Lukamba 2011). When the member states reviewed their progress in 2005 it was
found that only three members complied with and met the target that was set by the
Southern African Development Community. These included South Africa,
Mozambique and Tanzania (SADC 2009). The country that has surpassed the target and
has performed tremendously well in addressing gender inequality is Rwanda, where
women occupy the majority of seats in Parliament (Powley 2006; United Nations
Rwanda 2012).
Research Methodology
This paper focused on bridging the gender gap and promoting representation of women
in governments’ National Assembly. For this research the authors relied heavily on
available secondary data. As opined by Saunders, Lewis and Thornhill (2012, 259),
secondary data includes written materials and non-written materials. In this research
paper written material included media reports, newspaper articles, journals and
organisations’ reports. This research adopted a qualitative method. A comparative
analysis of legislative frameworks was conducted between Lesotho and South Africa.
Unobtrusive techniques were adopted to analyse secondary data. Lastly a thematic
analysis was implemented in this paper.
Limitation of the Study
The under-representation of women in parliaments in many African countries is still
evident and there is still more that needs to be done to empower women to be able to
play an effective and meaningful role in the body politic by influencing policy. This
study was geographically limited to two countries: South Africa and the kingdom of
Lesotho.
Recommendations
This study was restricted to only two Southern African Development Community
member states: Lesotho and South Africa. However, the researcher further advises for
the study to be extended to other countries such as Angola, Botswana, Zimbabwe, and
Malawi, which are lagging behind in this area. This will assist other countries to
consider their empowerment practices in order to narrow the gender gap and address
issues of under-representation of women in parliament, which is a crucial institution in
policy drafting. The following recommendations are formulated based on this research.
First, remove all discriminatory practices and formulate relevant pieces of legislation
that deal with women’s empowerment, representation and affirmative action policies in
Lesotho. Second, Lesotho should establish institutions that support constitutional
democracy such as the Human Rights Commission and the Gender Equity Commission
to deal specifically with women empowerment issues. Third, Lesotho’s government
should establish independent institutions that will dedicate time and resources to
10
educating the public on issues of equality and unfair practice towards women in society,
politics and workplaces. Fourth, there is a need to educate men to relate better to women
and promote healthy gender relations in society, political organisations and workplaces.
Fifth, eliminate all forms of patriarchal practices in society and set tangible targets that
will assist in achieving fair and just representation of women in parliament.
Concluding Remarks
Both countries should be commended for trying to change the status quo of women in
public institution like parliament. A country such as Lesotho that does not have
dedicated legislation that addresses specifically issues of affirmative action and women
empowerment should consider establishing a charter on women’s representation,
equality and emancipation in the National Assembly. The mindset of men and cultural
practices need to be modified especially in far-flung rural areas where gender
stereotypes and patriarchy are still deeply embedded in society, as these are the factors
that hinder progress. However, a country like Rwanda has made serious progress in the
past 25 years under the leadership of President Paul Kagame and should be commended
on their deliberate policy of empowering women in key parliamentary positions as 63%
of the positions are occupied by women.
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