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UNEQUAL, UNDIVERSIFIED AND UNDERREPRESENTED: WOMEN ON THE BACKBURNER IN LOCAL DECISION MAKING IN SOUTH AFRICA'S LOCAL GOVERNMENT
Juliet Eileen Joseph
Centre for African Diplomacy and Leadership (CADL), University of Johannesburg, Auckland Park, South Africa
E-mail: jjoseph@uj.ac.za
ORCID: https://orcid.org/0000-0001-5718-980X
ARTICLE INFO
Article history: Received date 12.05.2022 Accepted date 23.06.2022 Published date 30.06.2022
Section: Communication Studies
10.21303/2313-8416.2022.002533
KEYWORDS
Gender mainstreaming local government intersectional analysis dominance behaviour South Africa decision making employment equity gender representation
ABSTRACT
The object of research: Firstly, the study highlights that women are still underrepresented in local government at the district level in leadership positions remaining on the backburn-er as decision makers. Secondly, the study examines the notion of patriarchy and male dominance that results in the marginalization and exclusion of women in municipal decision making. The study contributes to the current body of knowledge through identifying the challenges that prevent the equal representation of women as decision makers in local government.
Investigated problem: South Africa has been consistently praised for its advcancement in drafting a progressive constitution and legislation that provides for gender equality. Despite the progressive achievements, women remain underrepresented at the municipal level, as South Africa has not attained the target of 50/50 equal representation as far as women mayors, women are more likely to be underemployed in comparison to men; women do not receive the same and/or fair remuneration in comparison to their male counterpart and women are not able to progress as fast as men in their careers once in local government structures , into leadership role that grant women equal access to become decision makers alike their male counterpart. The reasons for the low proportion of women to men in leadership is attributed to intersecting oppressions that women remain confronted with and can be seen to be connected to historical patriarchal norms and institutional values, which excludes and marginalizes women and institutional culture is stronger than the process of changing this culture.
The main scientific results: The findings of the study suggest that women are lagging behind in decision making. Secondly, organizational structures that are attributed to the presence of dominant behaviours in the workplace can be seen to be linked to patriarchy and male dominance exclude and marginalize women. Thirdly, women's representation within South Africa at the municipal ward and PR levels is on a downward spiral, when comparing the 2021 electoral results to previous electoral results in 2016. Notably, there is a lack of practicality of women's status in local government, policy enacted such as the Women Empowerment and Gender Equality Bill contains the key element that failure to comply with the Constitution justifies punitive action against the defaulting unit. This includes local councils and executive officers. Clause 11 requires 50 percent representation of women. Highlighting instances of failure to comply, with no punitive actions taken. South African women are passive recipients of male-dominated decision making in local government. The area of practical use of the research results: South African public and private sector institutions. Any persons connected to gender justice within society.
© The Author(s) 2022. This is an open access article under the Creative Commons CC BY license
1. Introduction
1. 1. The object of research
A significant issue highlighted in the study is the underrepresentation of women in local government at the district level in leadership positions and decision-making roles. Secondly, the study investigates patriarchy and male dominance as a cause of women's marginalization and exclusion from municipal decision-making. In addition to adding to the existing body of knowledge, the study identifies the challenges that prevent equal representation of women in local government decision-making roles.
1. 2. Problem description
Historically, women in South Africa have been subjected to marginalization and systematic exclusion in many aspects of society over the past 100 years, with women of colour being the most affected [1]. Despite progressive advances, women are still underrepresented in local government at the district level and in leadership positions and are left behind as decision makers [2]. This trend has been exacerbated by the Covid 19 pandemic [3]. Prior to 1994, women did not have access to education, water, adequate health care, and ownership of land and property rights [4].
Since the end of the apartheid regime in South Africa, since 1994, the government of national unity (GNU) has made many strides in the representation of women. At the beginning of democratic rule, the ANC led government made strides in promoting gender equality in the workplace through legislation and policy in a post-colonial environment.
The Gender Paper of the ANC Policy Discussion Document [1] formulated legislation and policies aimed at covering wide-ranging gender issues and protecting women's rights. Advances that focus on gender equality in the workplace include the Promotion of Equality and Prevention of Unfair Discrimination Act and the Employment Equality Act. The South African architecture for gender equality includes the National Gender Machinery (NGM), described in the South African National Policy Framework (2000) for Women's Empowerment and Gender Equality as an integrated set of structures at various levels of government, in civil society and within statutory bodies, notably the Commission for Gender Equality (2004).
In the post-liberation period, during the democratic transition, it became important for GNU to highlight the practical importance of the role of women in the government of South Africa.
In order to accelerate progressive change, the ANC led government devised laws, policies and programmes aimed at redressing the racial, economic and social injustices that had befallen black Africans prior to 1994. Gumede [5] opines that these policies and programmes were meant to benefit previously disadvantaged black South Africans, women and people with disabilities in order to redress the legacy of the apartheid regime which was based on exclusion and economic injustice. Policies developed to bridge the gap to greater inclusion and economic fairness in South Africa included the Labour Relations Act of 1995, the Employment Equity Act of 1998 and the Preferential Procurement Policy Framework Act of 2000, which were passed to eliminate discrimination based on gender [6, 7].
1. 3. Suggested solution to the problem
Sadie [8] highlights that the Labour Relations Act 1995 (Act No. 66 of 1995) promotes codes of conduct, including a code for dealing with sexual harassment cases issued by the National Economic Development and Labour Council in 1998. The Basic Conditions of Employment Act of 1997 (amended in 2002 to include the domestic worker sector) focuses on gender-related issues such as maternity leave, job security during pregnancy, minimum wages, housing, and health care for previously marginalized groups such as domestic workers. The Gender Equality in Employment Act 1998 identifies women as groups for which affirmative action must be taken. The Broad-Based Black Economic Empowerment Act of 2003 can be seen as a promise to black women to eliminate the gender gap to ensure diversified management and ownership in the private and public sectors [9].
Furthermore, in 2000, the democratically elected ANC government in 1994 passed the promotion of Equality and Prevention of Unfair Discrimination Act. This Act stipulates that "equality includes the full and equal enjoyment of all rights and freedoms as provided for in the Constitution and includes equality before the law and in fact and equality of outcome" [7]. The same is true of the Women's Empowerment and Gender Equality Act, which was passed by the South African National Assembly in March 2013. This Act promotes "the advancement of gender equality and facilitates the implementation of policies and programmes aimed at women's empowerment" [10]. Similarly, this law aims to ensure that women can occupy 50 % of decision-making positions in the state [10] - a goal that has yet to be achieved after almost 30 years of democratic rule in South Africa.
Despite these well thought out policies and legislative advances, the trend of gender inequality in the communal workplace continues [11]. This is related to the challenges of gender inequality
where women tend to be underemployed compared to men in the formal economy [12, 13] and not able to find work in the formal economy including the public sector especially at the local government level [14, 15] secondly receive equal and/or fair pay compared to their male counterparts [12, 16-18] and finally to be able to advance in their career once they take a leadership role in the local government structures [19-21], grant women the same access to decision makers as their male counterparts. This explains the low ratio of women to men in leadership positions [22, 23]. In 2016, 39 % (107) of South Africa's 278 municipalities were female [24].
Women make up 51 percent of the population and 58 percent of the electorate, but the number of female candidates in local government elections is still less than 50 percent compared to men [24]. Fajardo [25] notes that 31 % of South African organizations have no women in leadership positions. The same is true of the South African local government sector. Women are therefore not equally represented in local government. When women make up more than half of the population and are underrepresented as decision-makers, it begs the question of who is driving women's issues or their agenda. In terms of leadership, women continue to be underrepresented in South African businesses in various sectors and also in the public sector.
In South Africa, municipal institutions still operate under the same structures and processes that existed before 1994. The apartheid regime was racist and patriarchal, and as the structures still operate in a similar manner, these very values and traditions prevail and continue to make South African municipalities appear weak [26, 27]. This continues to provide the male clans with supremacy, authority and influence in the organizations. Therefore, this study will use a case study to examine the challenges that prevent the underrepresentation of women in local government. The study will discuss gender representation in South Africa and build on this by discussing the challenges that prevent women's decision making in local government.
2. Materials and methods
A qualitative research study was conducted. Although the notion of female leadership and decision-making has been heavily explored in the academic literature in the other two areas of government, national and provincial, there is little literature on this phenomenon in the context of local government. Moreover, there is relatively little evidence of women's involvement in local government in recent years. However, the contribution of this study is related to the limited knowledge not only on the status of women in policy- making in local government, but also on their status in political parties and in a post-liberation and democratic transition environment that requires more attention.
This study examined gender mainstreaming efforts undertaken by municipalities through an examination of national gender mainstreaming legislation and policies in South Africa, as well as gender mainstreaming policies and their outcomes in ensuring women's equal representation and participation in political decision-making. This study is a case study of South African local government structures.
The structure of the study consisted of data collection and documentation with the aim of answering the questions and hypothesis. Initially, a quantitative, exploratory literature review was conducted, examining definitions, theories, policies, viewpoints, principles, methods and other research findings, as well as data collection of statistics from the various institutions. The study focused on the politics of women in local government structures in South Africa, as the principles of good governance require that women are involved in decision-making at all levels of government, as women constitute more than half of the population and remain the most affected by poor service delivery. Moreover, local government is the structure of government that should be closest to the mass of the population to meet the immediate needs of the people.
Secondly, primary and secondary sources were used to conduct a secondary research. This was done using library sources, internet sources and documents, frameworks, contracts, visions, missions, minutes, decisions, reports, websites, press releases, papers, strategies, national and regional frameworks and operational plans and documents related to gender mainstreaming, local government with reports such as gender mainstreaming reports, local government audit reports on local government audit reports. The institutional dynamics responsible for the challenges in implementing gender mainstreaming in municipalities was concluded.
This case study of South African municipal structures that have adopted a gender mainstreaming approach notes that this needs to be explored and assessed to ensure that challenges are identified and prescriptions proposed. A review of the current gender mainstreaming model is urgently needed to create an enabling environment for increased women's inclusion and good governance.
3. Result and discussion
3. 1. The Constitution of the Republic of South Africa
The Constitution of the Republic of South Africa, an independent democratic state, was founded on the values the values of equality, non-racism and non-sexism. For democracy to thrive in South Africa, these values to thrive, these values remain prerequisites and cornerstones for a transcended democracy [28]. Most importantly, the South African Constitution, which is considered the "supreme law" of the land, has laid the foundation for equality in South Africa through its equality clause. The aim of the Constitution is to ensure a free social order in which all citizens are equal before the law [29].
Given this, Hassim [30] said that women organized against the apartheid government during the liberation struggle and that in the new South Africa, as a result of democratic rule, there was a new agenda that focused on greater inclusion and participation. During colonialism, South African women resisted the usual pattern of traditional gender roles and this was adopted by many other women during this time. After the end of the South African liberation struggle, women adopted the roles of their choice, whether traditional or non-traditional. However, this came at a price as women had to endure resistance from patriarchal institutions.
From a communal perspective, the 1993 Constitution of the Republic of South Africa laid the foundation for the amalgamation of more than 1000 racially defined and diverse local government structures into 842 transitional local governments with the final 1996 Constitution focusing on local government as the established level of government [31]. The Constitution (1996) focuses on both the 'constitutional objectives' and the 'developmental functions' of local government. Local government is to focus on 'democracy, sustainable services, social and economic development, environmental protection, community participation, poverty alleviation and intergovernmental cooperation' (Constitution of the Republic of South Africa 1993, ss 152 and 152).
3. 2. Historical context on South Africa's municipalities
In South Africa municipalities resulted due to local government reform, in order for cities to become metropolitan municipalities and were brought about during reform in the 1990s, so that cities could be administered as semi-autonomous entities, reporting to provincial government. This change transpired as the result of the move from the segregated, exclusionary and patriarchal apartheid policy to robust democratic policy in a efforts to allow communities access to inclusive and equitable resources. In the aftermath of apartheids segregated policies and unequal distribution of access to basic services for communities, local government reform constituted of the formation of 8 major metropolitan councils. The aim of these municipalities is to cater for the needs of local communities, bridging the gap between Parliament and the grassroots governance needs and encompasses aspects such as local economic development infrastructure and providing basic services to the mass population [32].
Notably, the Constitution caters for three categories of local government structures namely the municipalities. Currently there are 278 municipal governments. Within the three clusters of municipalities there are eight major metropolitan municipalities (category A municipality) , forty four district municipalities(category C) and two hundred and twenty six local municipalities (category B).
Each municipal has a specific mandate as has been directed by the Constitution, the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) ,bearing in mind that category-A municipalities can only be established in metropolitan areas.
Furthermore each metropolitan council has single metropolitan budgets, common property ratings and service-tariff systems, and single-employer bodies.
South Africa has eight metropolitan municipalities, namely:
- Buffalo City (East London);
- City of Cape Town;
- Ekurhuleni Metropolitan Municipality (East Rand);
- City of eThekwini (Durban);
- City of Johannesburg(link is external);
- Mangaung Municipality(link is external) (Bloemfontein);
- Nelson Mandela Metropolitan Municipality (Port Elizabeth);
- City of Tshwane (Pretoria).
Metropolitan councils may decentralise powers and functions. However, all original municipal, legislative and executive powers are vested in the metropolitan council.
In metropolitan areas, there is a choice of types of executive system: the mayoral executive system where executive authority is vested in the mayor, or the collective executive committee system where these powers are vested in the executive committee [32].
Non-metropolitan areas consist of district councils and local councils. District councils are primarily responsible for capacity-building and district-wide planning. The Local Government: Municipal Structures Act of 1998 provides for ward committees whose tasks, among other things, are to: develop, execute, monitor and evaluation the operations and function of municipal governments and their services to communities.
Visser [31] suggests that weak leadership, poor operations and the lack in taking strategic decisions are what lead to dysfunctional municipal structures. It is worth noting that there have been many positive changes in the post 1994 period, with the restructuring of municipal government, impacting positively on the profile of local authorities and instituting of new leadership, in comparison to the apartheid local government years. This is because before 2000, the municipality structure was largely administrative, rather than policy focused. In the post 2000 period the municipalities compromised of a large council; with a robust executive authority, largely concentrated in an executive mayor. Additionally, the council meeting is chaired by a separately elected speaker (Municipal Structures Act 1998, ss. 36 and 37) and the administration is headed by a municipal manager who works closely with the municipal executives (Municipal Structures Act 1998, s. 55) [32].
The aim is for the municipalities is to implement by-laws, and connect and engage with municipal stakeholder, in an effort to achieve their set goals. Women certainly have a role to play, as community participation in municipal plans remains a cornerstone for their existence, with decision-making forming part and parcel of their role.
3. 3. Municipal government and gender mainstreaming
The post-1994 South African municipal legal architecture aimed to protect women's rights and promote equal opportunities in the workplace through legislation that ensured gender mainstreaming. The laws produced include the Constitution, the White Paper on Local Government and the Gender Sensitive Local Government Legislation.
Local government legislation that focuses on gender equality is informed by the international instruments to which the Republic of South Africa is a signatory. There are quite a number of laws that require municipalities to promote gender equality as part of their mandate. The South African Constitution requires that the management, budgeting and planning of municipalities must prioritize the needs of the communities within their jurisdiction.
A number of laws and policies explicitly oblige local government to protect and promote women's rights. These include: The Employment Equity Act (1999), the Promotion of Equality and Prevention of Unfair Discrimination Act (2000), the National Framework for Women's Empowerment and Gender Equality (2002), the Traditional Leadership and Governance Framework Act (2003) and the Communal Land Rights Act (2004) [33].
In South Africa, local government is made up of municipalities and it is the White Paper that guides activities within local government. The White Paper on Local Government [34] calls for local government to include diverse representatives from formerly disadvantaged and marginalized groups, such as women. In answering this study's central research question on the status of women, it The White Paper also refers to representation and participation of roles and powers on committees within the local council as part of the council's decision-making processes. These requirements have been supplemented by two important local government acts, namely: Local
Government Municipal Structures Act 117 of 1998; and Local Government Municipal Systems Act 32 of 2000 [35].
The Local Government Municipal Structures Act 117 of 1998 also requires consultation to take place between municipalities. This promotes representative democracy through increased participation as proposed in 19(2) (c) and 3 of the Municipal Structures Act. This Act aims to bridge the gap between the government, local communities and marginalized groups [32].
3. 4. Local Government Municipal Systems Act No. 32 of 2000
Section 17 of the Local Government Municipal Systems Act provides for local communities to participate in the affairs of the municipality through political structures. Chapter 2 of the Act mandates the promotion of community participation, consultation and involvement in the activities and functions of municipalities [35]. The participatory form of democracy is evident in the Municipal Systems Act (32 of 2000), which states that a municipality consists not only of the structures, functions and administrators of the municipality, but also of the communities, residents and taxpayers of the municipality [36]. It gives communities the right to participate in the decision-making processes of their municipality and to participate in the preparation of Integrated Development Planning, performance management, etc. Ramphele [37] argues that these systems and mechanisms have begun to improve decision-making, planning, resource allocation, service delivery and day-to-day management. Therefore, women can have a say in decision making on services and projects that the council should embark on.
3. 5. Ward Councillors and Ward Committees
The White Paper on Local Government of 1998 states that 'ward councillors serve as the link between the ward community and the rest of the government for proper consultation with local communities with respect to the planning and implementation of provincial and national programmes impacting on the ward'. Some of the duties of the ward councillors are as follows: Play greater role in community representation; work closely with ward committee members; chair and convene ward committee meetings; ensure greater ownership of ward committees; build accountable and effective local political leadership; become more accountable to the community and their diverse interests and needs; ensure that full and proper records of minutes are kept related; and appoint a person to attempt to resolve a dispute where necessary (White Paper, 1998; Notice 965, 2005; National Framework, 2009).
Notably, ward councillors and ward committees cannot take decision and are merely only able to raise their concerns, attend community gatherings and partake in municipal processes [38]. However decisions at the municipal level can only occur as the result of a majority vote of councillors. Hence the process requires for councillors to first engage and consult with communities, at the ward level, this is inclusive of women. Thereafter they must make an informed decision through a vote amongst councillors [35].
Evidence suggests that ward councillors and ward committees have faced a number of challenges as new structures at the lowest level of government. Notably, women are the ones that have dropped out as ward councillors just after serving one term [39].
Even though there has been noteworthy gains achieved in the democratic transition of local government with women's inclusion in this structure as decision takers, Piper and Deacon [40] in their study suggest, there is still poor representation of women, youth and disabled people in ward committees, furthermore, there is not a true reflection of the representation by women with one politically party dominating the membership of ward committees. This was as the result of the direct relationships between ward committees with branches of political parties [40]. Even today, this has led to political struggles amongst their political parties, creating uneasiness at the ward level.
3. 6. De-racialised concealer: South Africa's Employment Equity Report
The Employment Equity Commission Report of South Africa 2021 argues that the South African local government remains racialized and gendered [42]. The International Labour Organisation (ILO) has indicated that, "inequality between women and men persists across a wide spectrum of the global labour market and that despite their educational attainment; this has not necessarily translated into improvements in their positions at work". The shift towards equality in this
regard continues to grind at a slow pace, which suggests that this will not be reached anytime soon. At the heart of this grave challenge lies the unequal treatment at work as the biggest problem facing women in paid working with reference to developing municipal government structures in South Africa. Equal pay for work of equal value is a case in point. Women are still paid less than men doing the same work in local government. This becomes an impediment to economic empowerment of women, at the local government level.
In South Africa BBBEE policy created a new black bourgeoisie who were meant to benefit from , government contracts and procurement policies; privatization and re-structuring programmes; regulating resources; business licenses and quotas; investment credit and a black capitalistic market; and land redistribution programmes were all linked to legalities and law [42]. However, strict rules centred on ownership, skills development, income and participation formed the basis of success for a thriving black petit bourgeoisie [43]. Ultimately BBBEE was meant to fulfill tackling prevailing human security challenges such as unemployment, equity and access to services [44]. The then new black middle class are meant directly impact on nationalistic social transformation and racial unity and create 'patriotic' capital which would serve development for the poor masses [45].
BBBEE strategies have also not ensured growth in black-owned business and tenders, procurement and privatization policies have raised contention due to unauthentic multiracial businesses and fronting of black ownership in businesses to gain entry into government tenders [43]. BBBEE policies were meant to empowerment of all black people including women; workers; youth and people with disabilities and people living in rural areas in order to overcome huge inequalities continue to exist 27 years into democracy [44]. This is in progress but has not transpired as much as the masses continue to occupy low-income jobs, whereas BBBEE has impacted on their privileged white counterparts instead.
BBBEE policy has not impacted on making it more viable for women to get employment, equal salaries to that of males and also secure equal representation in top management alike their male counterparts. South Africa's high income earners remain white Anglo-Saxon males and the lowest paid remain black poor women. It is worth noting that instances of income linked to privilege exist regardless of jobs lacking expertise [46].This means that even if women gain expertise, they would still not gain entry into top positions due to privilege in South Africa. This is a major concern.
The ANC-led strategy for economic development favoured international and local capital, benefitting other layers such as the 'African petit bourgeoisie' and the working class. This was demonstrated through policy amendments and implementations such as the Labour Relations Act, Employment Equity Act, The Basic Conditions of Employment Act and the Broad Based Black Economic Empowerment Act (BBBEE) and re-affirmed African nationalistic ideology in state transformation [47].
3. 7. Gender representations in municipal governance
It was after the 2009 elections that South Africa had tidal wave of women in government. Under the Mbeki Administration this was one of the most commendable periods with good number of women in positions of governing structures reaching all-time highs of 44.5 %. In comparison to the Zuma Administration , the number of women were still not as commendable as under Mbeki's tenure. Perhaps this was due to the ANCs majority share of the vote and the 50 % voluntary gender party quota (adopted by the ruling party at its 2007 Polokwane Conference) [48-50].
Following South Africa's fifth post-apartheid municipal elections in 2016, women are more active in elections as voters, and less active as candidates in comparison to men, even though the number of women has in local governance and increased, since the last municipal elections. The approach for equal representation of women as candidates for municipal government, is connected to gender mainstreaming objectives that can be seen to rely on not only employing women for the sake of gender equity but also competent and capable women leaders that are skilled and have the ability to execute the technical work that is required for the institution to fulfil its mandate at the same time promoting the mainstreaming of gender.
Coincidentally, there was increase in the number of female representatives in the number of women candidates in local government elections has increased significantly since 1995 in all
provinces except Gauteng (Commission for Gender Equality). However, when it comes to elections into local government, there is room for improvement. This can be seen to be connected to the municipalities, where provinces passed the 50 percent women representation mark in PR elections in 2016 (Eastern Cape, 53 percent; Limpopo, 53 percent; and Mpumalanga, 56 percent) compared to one province in 2011 (Mpumalanga, 50 percent). However, there is a clear indication that more men than women are elected into local government (and the numbers decrease at provincial and national levels) [51].
The Table 1 suggests, there is an overall increase in the number of women elected to ward seats between 1995 and 2016 and that the PR elections have consistently resulted in a higher number of women being elected into municipal councils during the same period in contrast to the ward system. This can be attributed to party policies on the PR list as explained below. In the last municipal election in 2016, women were elected into local government through the PR system increased in all provinces by 5-10 percent, except in Gauteng.
Table 1
Local Government Election Statistics 1995-2016
Year Women Ward, % Women, % Women Overall
1995 11 28 19
2000 17 38 29
2006 37 42 40
2011 33 43 38
2016 33 48 41
Source: Electoral Commission (IEC) [51]
In all provinces, women elected under the PR system constituted at least 40 percent of candidates, except in the Western Cape where they constituted 34 percent in 2011 and 39 percent in 2016. The position is worse in ward elections, where women's representation has declined in seven provinces between the 2011 and 2016 elections. Only three provinces showed an increase, but they too are still below the 50 percent mark (KwaZulu-Natal from 17 percent in 2011 to 22 percent in 2016, Northern Cape from 36 percent to 40 percent and Western Cape from 33 percent to 39 percent [53, 54]. This is rather contradictory, if one looks to the South African political party system and validity of electoral gender quotas that exist in this post-colonial, democratic trajectory.
3. 8. Challenges faced by women in municipal government
In exploring gender equality, women remain on the backburner in decision taking in municipal government due to a number of reasons, primarily due to culture, religion and regional dynamics which are believed to have created division, inequality, patriarchy, discrimination and oppression where women often fall victim and prey to injustices. The reasons why gender inequality exists is due to racist, heterosexist, classist and religious biases among others, which have prevented social justice particularly gender equality [55].
Healy-Clancy [56] highlights that women remained subordinate to men prior to apartheid and fall of a discriminatory regime. Patriarchal power is what reinforces for men continue to drive the decision making process. In some instances, this power remains linked to creating value systems in social spaces. This type of repression according to Badat [57] is linked to the systematic exclusion of women from participation in society under colonial rule and the legacies of apartheid continue to impact on gender parity. Therefore, South Africa had a history of male domination and patriarchy linked to classism [58].
Gouws [59] said intersections of race, class and gender is how most black women in South Africa experience oppression. Women who remain on the lower end of the food chain and economically marginalized are the ones who remain stuck in the patriarchal nature of society. In fact, the poorer the woman, the more she finds herself trapped by the oppressive nature of patriarchy as she encounters it from the state, in the workplace and within the family.
BBBEE policies are meant to empowerment of all black people including women, workers, youth and people with disabilities and people living in rural areas. Huge inequalities continue to
exist 27 years into democratic South Africa [60]. Even though much progress has been achieved, progressive change has however not materialised, as black African women continue to battle to find employment when when they do they occupy low-income jobs and their male counterpart get paid more for doing the same job. Further to this, very few women occupy decision making posts.
Scholar Hames [28] concurs that black African women have been subject to a history of oppression and gender unfairness. This is due to the lack of access to education, the labour market and political participation at meaningful levels.
South Africa's patriarchal discourses remain 27 into democratic rule, leaving a notable legacy. This form of black oppression that encapsulates the South African dispensation impacts, to a large degree on black women in the private and public due to the ruling government. These frustrations were exposed in organised strikes and mass mobilisations, where womens issues were most undermined, however, women remain somewhat on the back burner.
Many of the women who previously entered government in droves after 1994, had a culture shock when they realized the unfair games that occurred in relation to patriarchy and the reality that government structures requires feminists and not merely activists, that demonstrated "professionalism" in order to fit into this ecosystem of bureaucracy. This led to many women who formed part of the first cohort despising government [49]. Britton [49] argues some of the challenges faced by these women from the first and second cohort that entered government included: harmonizing the stresses of women and family life where women often felt men has it better working for the state. This global phenomenon a norm in many developing countries and first worlds confirmed that according to Sawer [61] men do have support systems that make their work life balance easier.
One of the key challenges faced by women in formal politics, was that they did not understand how government operated and how to make use of its support systems. This can be connected to parliaments 1998 report that flagged, the unequal power relationships that existed between men and women, in a male dominated system can favour men's needs as opposed to that of women, when it comes to the service offering provided to the genders [62].
The lack of understanding various women and their needs within local government employment structures also remain a challenges, which remains specific and relevant to the South African context. Britton and Van de Walle [63] suggest, in understanding the dynamic linked to women's issues in politics, the diverse groups of women must also be understood. There is of course the "honorary men" which in the view of this study is a condescending term used to explain that these women formed part of the liberation struggle to the extent that their skills and involvements upgraded their status to that of nearly becoming men. This group of women fought alongside men as opposed to also focusing on the patriarchal structures that suppressed their autonomy. These women in the state often enough supported the liberation movement ideology and unlike their elitist upcoming women are not too focused on new gender policy, this does not mean that they don't support this. Bearing in mind that the elite gender group, comprising of educated women often enough push the gender boundaries and stretch policy. Notwithstanding that, within this group there are also those that used gender to enter politics and once in politics do not further propel women's issues [49].
Notably, the ANC Women's Caucus, for example, did not command the full attention of the majority of women leaders after 1994, as there were accompanying issues linked to race, class, ethnicity and education that impacted on these women's level of participation. At inception, the caucus was dominated by black professional women who in the view of the study seeked to advance the feminist agenda. Then there was the older women leaders stemming from the liberation era, lacking formal training and education into the state as well as the exiles who have gained the skills needed to participate in parliament. In the post-apartheid era women that returned from exile found it difficult to identify with women needs that existed at the grassroots, because they had lost touch with these women. Whilst those that stayed behind during apartheid and fought against the apartheid regime found it hard to survive in parliament. These typical examples cited highlight that women's behaviour cannot be differentiated and remains complex and all women cannot be clustered into one group. So many women entered this dispensation, yet leaving in droves after the 1999 election. Further to this there is not a new group of women entering local government, professional women that don't fit into this category that must be catered for and acknowledged.
Political fragmentation within the ruling African National Congress also remains a challenge for women's progress in local government. The steady decrease in the number of women entering local government at the time was connected to the ruling party, the African National Congress' weakening electoral majority and failure to implement its 50 % voluntary political party gender quota captured only one dimension of the political trend. Women's decreasing presence in local government following the 2016 election was amplified by both high political party fragmentation and political system fragmentation. These two types of fragmentation are not to be confused. Political party fragmentation occurs when internal divisions and factionalism within a party result in its splintering [63]. Under the Zuma Administration splinter groups have emerged. Splinter groups occur when there is a breakaway and new political parties are formed. As was the case with the ANC and the political fragmentation within the party. Political party fragmentation occurs between political parties where there are a select amount of political seats in the political party - a huge number of seats are held by small political parties, they fragment the political arena [64].
Furthermore the decline in the number of women leaving local government can be connected to the support women gained in 1994 focusing on issues such as child care support, gyms and additional support for women to ensure their transition into previously dominated male institutions such as local government. The cracks linked to women's inclusion demonstrated themselves long before 1994, as some of the challenges were linked to the lack of support from smaller parties, and the lack of support and funding. Political parties such as the ANC felt this was a movement articulating the needs of privileged women, whilst the NP and DA felt this was a facade by the ANC to drive their own agenda. Hence the divisions of political parties impacted on the cause of political parties and local government evidently. This highlights that the divide between women in South Africa remains aligned to party affiliation and with its ideological inconsistencies setting the platform for representation is a rather different manner.
South Africa's declining number of women entering local government, is linked to ideological differences. The numbers of women who entered in 1994, manly compromising of former activists or liberation struggle heroines, lacking the conscious advancement of feminism as an ideology in local government.
From a local governance level Bashevkin [49] suggests preserving party loyalty within proportional-representation systems delayed women's governance mobilization. Coincidentally Whip [49] and McAllister and Studlar [65], suggest that the number of women entering an institutions does not directly impact on the culture of the organization. Their findings concur that institutional culture is stronger than the process of changing this culture [49]. Whatever the truth about numbers, other institutional factors, too, may affect women's success in office; these factors include patronage politics, patriarchal social norms, and semi
Geisler [62] suggests that in South Africa the feminist venture has not attained as much as it initially set out to achieve. Instead the focus was on growing memberships for election campaigns. These challenges that prevent the full participation of women as leaders taking decision in local government has instead led to slow progress allowing women to remain discriminated upon and subject to patriarchal culture ad systems. In order for parliament to become more gender-conscious and aware of the needs of women who are meant to drive women's issues within local government, certain stumbling blocks must be terminated. One of the main challenges will be to redefine patriarchal systems and norms that reside within municipal government and political parties. As local government is dependent on political parties and the lack of political party consciousness prevents outcomes in municipal government.
Furthermore, women must consciously decide to take themselves out of the vicious cycle of patriarchy in local government politics-where they must bring women's issues to the discussion table as opposed to only driving political party agenda and ideas that overlook women's challenges and transform the agenda discussions. For Thenjiwe Mtinso suggests it is about "the quality of the numbers, not just quality of women numbers, quality broadly with women and men". This highlights that the correct women must enter local government with clear agendas in representing their constituencies, in a radical way in order to ensure the transformation of gender. In contrast, [49] suggests the number of women entering municipal government is not enough, aspects such as the
current dispensations on women, with attention being paid to cultural specific issues, such as the levels of patriarchy inside and outside governing institutions.
In the South African context, the prevalence of a patriarchal social order in institutions such as governance matters more than the numbers of women entering municipalities. This is because many of the studies conducted on women's experiences in government suggests, that the studies conducted do not take into consideration the pre-existing social culture and norms of local government institutional culture and also that of recognized party politics. Bearing in mind that South Africa has only just explored the first four cohorts of women entering local government and it might take a few more generations of women Councillors to participate and grow into high ranks within the system, before real change will be endured. Hence the quality of women, their smooth transition into local governance and quality of advances in gender mainstreaming at this point is really the panacea.
Despite the mishaps and challenges women throughout the various tenures have made remarkable strides in advancing legislation and institutional advances during the time spent in office. This can be connected to the long-term successes of the NGM, their collaborative effort with women in community organizations led to concrete outcomes that remain commendable. It is however rather important for the purpose of this study to be cognizant that women's political participation remains affected by class, educational, ethic and professional identity-impacting on the calibre of women in parliament. This will ultimately impact on women politicians and their constituents in affecting the legitimacy of women in political parties and also within the women's movements [49].
Further to this in South Africa the best route for MPs to pursue women's issues and feminism is something that has gained momentum and will remains into the future. Purely because different women focus on driving different agendas of the various women within the state. As there are difference that impact on women's livelihood from birth until death, such as race, class, ethnicity and education. As was previously alluded to, affluent women MPs, elites and middle class women represent the rights based women movement. Whilst the poor and disadvantaged were more focussed on the development of women and grassroots issues. The South African local government agenda is therefore more of a combination of rights based and grassroots women issues. Hence it has also been found that class difference are what determine what women really focus on and remain linked to the crafting of women's laws by women and feminists.
Limitations of the study. Desk research was collected. Further documentation that might be available at the municipalities did not form part of this study, due to the global pandemic travel restrictions. Travel to the municipalities could have assisted in identifying the current situation better. In order to improve this study future studies can consider including the most recent information from the municipalities as well, such as more recent audit reports or documents.
The prospects for further research. Based on this study, future research can explore how women can influence service delivery policy, reducing social discontent resulting from poor service delivery to communities. The review of the municipal service delivery framework could also assist in strengthening the capacity of South Africa to deal with social discontent associated with municipal service challenges.
4. Conclusion
South Africa has taken legislative action to promote gender-equal local elections, not only in terms of voting, but also in terms of electing women to office. Although women make up 53 per cent of the population and 58 per cent of the electorate, the number of female candidates in local elections is still below 50 per cent. Despite the Local Structure Act, which requires political parties to consider the representation of women and men on party lists, in practice not all parties comply with this requirement. It is not clear from the law whether the IEC can reject a party list if gender parity is not taken into account, or whether there are other consequences. Ideally, the IEC would have the power to reject party lists that do not reflect 50 percent women and on which women and men are not evenly distributed. Currently, some parties, such as ANC and EFF, have adopted gender-biased policies that have resulted in more women being elected to local governments. However, women should be protected by the law first and the party second.
Conflict of interest
The authors declare that there is no conflict of interest in relation to this paper, as well as the published research results, including the financial aspects of conducting the research, obtaining and using its results, as well as any non-financial personal relationships.
Acknowledgments
This research has been supported by the NRF SARChI Chair: African Diplomacy and Foreign and the Centre for African Diplomacy and Leadership (CADL) at the University of Johannesburg, Department of Politics.
I am grateful to Dr Lisa Otto and Professor Chris Landsberg for stimulating discussion. I am also grateful for the insightful comments of the anonymous peer reviewers at ScienceRise. The generosity and expertise of each of them improved this study in countless ways.
References
[1] Thobejane, T. D. (2013). History of apartheid education and the problems of reconstruction in South Africa. Sociology Study, 3 (1), 1-12.
[2] Sinden, E. (2017). Exploring the gap between male and female employment in the South African workforce. Mediterranean Journal of Social Sciences, 8 (6), 37-51. doi: http://doi.org/10.1515/mjss-2017-0040
[3] Kabeer, N., Razavi, S., van der Meulen Rodgers, Y. (2021). Feminist Economic Perspectives on the COVID-19 Pandemic. Feminist Economics, 27 (1-2), 1-29. doi: http://doi.org/10.1080/13545701.2021.1876906
[4] Earle, A., Goldin, J., Kgomotso, P. (2005). Domestic water provision in the democratic South Africa, changes and challenges. Uppsala: The Nordic Africa Institute, 1-40.
[5] Gumede, V. (2013). Socio-economic transformation in post-apartheid South Africa: Progress and challenges. The future we chose: Emerging perspectives on the centenary of the ANC, 278-296. doi: http://doi.org/10.2307Zj.ctvh8qzz6.24
[6] Horwitz, F.M., Jain, H. (2011). An assessment of employment equity and broad based black economic empowerment developments in South Africa. Equality, Diversity and Inclusion: An International Journal, 3 (4), 297-317. doi: http://doi.org/ 10.1108/02610151111135750
[7] South African Human Rights Commission Equality Report - Commentaries on Equality: Race, Gender, Disability and LGBTI Issues 2012, Braamfontein (2012). South African Human Rights Commission (SAHRC). Johannesburg: South African Human Rights Commission (SAHRC).
[8] Sadie, Y. (2014). Gender Policy and Legislation During the First 20 Years of Democracy. Strategic Review for Southern Africa, 36 (2). doi: http://doi.org/10.35293/srsa.v36i2.172
[9] Booysen, L. A., Nkomo, S. M. (2010). Employment equity and diversity management in South Africa. In International handbook on diversity management at work. Edward Elgar Publishing. doi: http://doi.org/10.4337/9781849806893.00017
[10] The South African Women's Empowerment and Gender Equality Bill of 2013 (2013). Minister of Women, Children and People with Disabilities. Available at: https://static.pmg.org.za/bill50b_2013_1_1.pdf
[11] Enaifoghe, A. O., Maramura, T. C. (2019). The proficiency in gender representation towards realizing good administration in governance for South Africa. Journal of Gender, Information and Development in Africa, 8 (2), 223-242. doi: http://doi.org/ 10.31920/2050-4284/2019/8n2a12
[12] Francis, B. B., Hasan, I., Sharma, Z. (2020). Are Female CFOs Different? Evidence from Gender Pay Gaps. Evidence from Gender Pay Gaps. doi: http://doi.org/10.2139/ssrn.3631951
[13] Niyimbanira, F. (2016). Characterisation of time-related underemployment in a South African municipality: a case of Bush-buckridge, Mpumalanga province. International journal of social sciences and humanity studies, 8 (1), 116-132.
[14] Beukes, R., Fransman, T., Murozvi, S., Yu, D. (2017). Underemployment in south africa. Development Southern Africa, 34 (1), 33-55. doi: http://doi.org/10.1080/0376835x.2016.1269634
[15] Escalante, L. E., Maisonnave, H., Chitiga, M. R. (2021). Do South African fiscal reforms benefit women? Applied Economics, 53 (6), 719-729. doi: http://doi.org/10.1080/00036846.2020.1813247
[16] Bosch, A., Barit, S. (2020). Gender pay transparency mechanisms: Future directions for South Africa. South African Journal of Science, 116 (3-4). doi: http://doi.org/10.17159/sajs.2020/6772/suppl
[17] Musetsho, M., Isac, N., Dobrin, C. (2021). Gender Inequalities in the Workplace: Case Study of South Africa. Management and Economics Review 6 (11). doi: http://doi.org/10.24818/mer/2021.06-06
[18] Bussin, M., Christos, D. (2016). Re-evaluate your gender pay gap: hot button-pay gap. HR Future, 2016 (9), 32-33.
[19] Chitiga, M., Henseler, M., Mabugu, R. E., Maisonnave, H. (2021). How COVID-19 pandemic worsens the economic situation of women in South Africa. The European Journal of Development Research, 34 (3), 1627-1644. doi: http://doi.org/10.1057/ s41287-021-00441-w
[20] Eagly, A. H., Carli, L. L. (2018). Women and the labyrinth of leadership. Routledge, 147-162. doi: http://doi.org/10.4324/ 9780429494000-17
[21] Ibarra, H., Carter, N. M., Silva, C. (2010). Why men still get more promotions than women. Harvard business review, 88 (9), 80-85.
[22] Ndinda, C., Okeke-Uzodike, U. (2012). Present but absent: Women in business leadership in South Africa. Journal of international women's studies, 13 (1), 127-145.
[23] Mathur-Helm, B. (2006). Women and the glass ceiling in South African banks: an illusion or reality? Women in Management Review, 21 (4), 311-326. doi: http://doi.org/10.1108/09649420610667028
[24] Women in power: what do the statistics say? (2017). Statistics South Africa. Available at: http://www.statssa.gov.za/?p=10325
[25] Kobus-Olawale, J., Schachtebeck, C., Dhanpat, N. (2021). Investigating career progression experiences of women into top management at a South African bank. EUREKA: Social and Humanities, 3, 28-40. doi: http://doi.org/10.21303/2504-5571.2021.001778
[26] Mazzucato, M. (2021). Building state capacities and dynamic capabilities to drive social and economic development: The case of South Africa. Johannesburg: University of the Witwatersrand.
[27] Munzhedzi, P. H. (2021). Analysing the application of governance principles in the management of COVID-19 in South Africa: Lessons for the future. Africa's Public Service Delivery and Performance Review, 9 (1). doi: http://doi.org/10.4102/apsdpr.v9i1.490
[28] Hames, H. (2016). 'Before I realised they were all women... I expected it to be more about materials': Art, Gender and Tacit Subjectivity. International Journal of Art & Design Education, 35 (1), 8-20. doi: http://doi.org/10.1111/jade.12043
[29] Dugard, J. (2015). Human rights and the South African legal order. Princeton University Press. doi: http://doi.org/ 10.1515/9781400868124
[30] Hassim, S. (2006). Women's organizations and democracy in South Africa: contesting authority. Univ of Wisconsin Press.
[31] De Visser, J. (2009). Developmental local government in South Africa: Institutional fault lines. Commonwealth Journal of Local Governance, 2, 7-25. doi: http://doi.org/10.5130/cjlg.v0i2.1005
[32] South African Government. Available at: https://www.gov.za/
[33] Status report (2016). South African Local Government Association (SALGA). Johannesburg.
[34] The White Paper on Local Government (1998). Available at: https://www.cogta.gov.za/cgta_2016/wp-content/uploads/2016/06/ whitepaper-on-loca-gov.pdf
[35] Municipalities of South Africa (2021). Municipalities. Available at: https://municipalities.co.za/municipalities/type/1/metro-politan Last accessed: 12.04.2021
[36] Cameron, R. (2001). The upliftment of South African local government? Local Government Studies, 27 (3), 97-118. doi: http:// doi.org/10.1080/714004109
[37] Ramphele, M. (2004). Women's Indigenous Knowledge: Building bridges between traditional and the modern. Indigenous Knowledge: Local Pathways to Global Development. The World Bank: Knowledge and learning group, Africa Region, 13-17.
[38] Davids, N. (2006) Area Based Management, Msunduzi Municipality.
[39] Majola, B. K. (2019). Challenges faced by women ward councillors in South Africa. International Conference on Public Administration and Development Alternative (IPADA).
[40] Piper, L., Deacon, R. (2008). Party politics, elite accountability and public participation: Ward committee politics in the Msunduzi Municipality. Transformation: critical perspectives on Southern Africa, 66 (1), 61-82. doi: http://doi.org/10.1353/ trn.0.0007
[41] 20th Commission for Employment Equity Annual Report 2019/20. Department of labor (2020). Available at: https://www.la-bour.gov.za/DocumentCenter/Reports/Annual %20Reports/Employment %20Equity/2019 %20-2020/20thCEE_Report_.pdf
[42] Iheduru, O. C. (2004). Black economic power and nation-building in post-apartheid South Africa. The Journal of Modern African Studies, 42 (1), 1-30. doi: http://doi.org/10.1017/s0022278x03004452
[43] Southall, R. (2007). Ten propositions about black economic empowerment in South Africa. Review of African Political Economy, 34 (111), 67-84. doi: http://doi.org/10.1080/03056240701340365
[44] South Africa's economic transformation: A strategy for broad-based economic empowerment (2007). Department of Trade and Industry. Available at: http://www.empowerdex.com/Portals/5/docs/dti %20BEE %20STRATEGY.pdf
[45] Marais, H. (2001). South Africa: Limits to change: The political economy of transition. Palgrave Macmillan.
[46] Gumede, W. M. (2007). Thabo Mbeki and the Battle for the Soul of the ANC. Zebra, 496
[47] Butler, A.; Buhlungu, S., Daniel, J. Southall, R. (Eds.) (2007). The state of the African National Congress. State of the nation: South Africa 2007. HSRC press.
[48] Ballington, J. (1998). Women's parliamentary representation: the effect of list PR. Politikon, 25 (2), 77-93. doi: http://doi.org/ 10.1080/02589349808705065
[49] Britton, H. (2005). Women in the South African parliament: From resistance to governance. University of Illinois Press.
[50] Geisler, G. (2000). 'Parliament is another terrain of struggle': women, men and politics in South Africa. The journal of modern African studies, 38 (4), 605-630. doi: http://doi.org/10.1017/s0022278x00003372
[51] South Africa gender and elections (2016). Gender Links. Available at: https://genderlinks.org.za/what-we-do/sadc-gender-pro-tocol/advocacy-50-50/south-africa-gender-and-elections/
[52] Electoral Commission of South Africa (IEC). 2016. Results summary - all ballots. Pretoria: IEC.
[53] Hassim, S. (2010). Perverse Consequences? The Impact of Quotas for Women on democratization in Africa. Political Representation, 211-235. doi: http://doi.org/10.1017/cbo9780511813146.010
[54] Hendricks, C. (2005). Race and Democracy in South Africa. National Liberation to Democratic Renaissance in Southern Africa. Dakar: CODESRIA Book Series, 93-110.
[55] Okin, S. (1998). Gender Inequality and Cultural Difference. Ethics: The Big Questions. Maiden. Blackwell, 422-434.
[56] Healy-Clancy, M. (2017). Women and apartheid. Oxford Research Encyclopedia of African History. doi: http://doi.org/10.1093/ acrefore/9780190277734.013. 184
[57] Badat, S. (2010). The challenges of transformation in higher education and training institutions in South Africa. Development Bank of Southern Africa, 8 (1), 1-37.
[58] Hassim, S. (2003). The gender pact and democratic consolidation: Institutionalizing gender equality in the South African state. Feminist Studies, 29 (3), 505-528.
[59] Gouws, A. (2017). Feminist intersectionality and the matrix of domination in South Africa. Agenda, 31 (1), 19-27. doi: http:// doi.org/10.1080/10130950.2017.1338871
[60] Diaz Pabon, F. A., Leibbrandt, M., Ranchhod, V., Savage, M. (2021). Piketty comes to South Africa. The British Journal of Sociology, 72 (1), 106-124. doi: http://doi.org/10.1111/1468-4446.12808
[61] Sawer, M. (2000). Parliamentary representation of women: From discourses of justice to strategies of accountability. International Political Science Review, 21 (4), 361-380. doi: http://doi.org/10.1177/0192512100214003
[62] Geisler, G. G. (2004). Women and the remaking of politics in Southern Africa: Negotiating autonomy, incorporation, and representation. Nordic Africa Institute, 241.
[63] Bratton, M., Van de Walle, N. (1994). Neopatrimonial regimes and political transitions in Africa. World Politics, 46 (4), 453-489. doi: http://doi.org/10.2307/2950715
[64] Van der Westhusizen, C. (2012-2014). Working democracy: Perspectives on South Africa's Parliament at 20 Years. Cape Town: Open Society Foundation for South Africa.
[65] McAllister, I., Studlar, D. T. (1992). Gender and representation among legislative candidates in Australia. Comparative Political Studies, 25 (3), 388-411. doi: http://doi.org/10.1177/0010414092025003005
