S v Dumakude & others
This is a matter of Kwa Makutha umuthi killings which the CGE picked up from the media and initiated the process of monitoring. As on October 26th, the matter was postponed for directives in the Magistrates court until directions from the DPP for the matter to be heard in the High Court. The matter was set down for trial on the 26th May to 27 June 2008.
The Commission is monitoring the matter. The bail hearing was adjudicated on 9th and 27th November 2007 and further postponements following. On 4 March 2008 the matter was postponed for further investigation on 23 April 2008.
CGE is monitoring this matter. The deceased Ms. Nkonyana was stabbed and stoned to death by a mob as a result of her sexual orientation. The matter was postponed several times until it was transferred to the Regional court and finally placed on the roll for the 21 April 2008.
This matter was heard 27 November 2007 before the Constitutional Court. The CGE is acting as amicus curiae (friend of court). It is an appeal from the Supreme Court of Appeal. The matter raises important issues concerning rights of women and Customary Law. It further raises at its core the role of the Courts in instances where communities have taken steps to develop their Customary Law norms and practices to bring them in line with the Constitution. In this matter the CGE adopts a position that where a community has of its own accord, developed its customary law norms and practices so as to bring them in line with the spirit and purport of the Constitution Courts must as far as possible recognize such a development.
The General Secretary of CONTRALESA appeared before Court with the view of applying for his organization to be admitted as amicus and applying for postponement of the matter to get an opportunity to read all the pleadings filed by parties before Court. He made his application (which was not served) and even though it was not clear what their interest was and/ or what their argument is going to be CONTRALESA application for amicus was granted and they were admitted as amicus. They were ordered to serve and file their papers by Tuesday the 4th of December 2007and the response thereto by other parties by Tuesday the 11th 2007.
Application for Postponement was refused and it was held that their argument will only be presented on paper. The Justices indicated their regret that CONTRALESA came in, at this late and indicated that their reasons for not following the Court Rules was not sound enough but they will be allowed to join as amicus.
Argument from all parties was heard and judgment has been reserved.
In our quest to attain gender equality in our society the CGE is expected to forge a good working relationship with other organizations such as Chapter 9 institutions, non governmental organizations and the government. Our collaboration with these institutions play very important role in realizing our mandate. During the 2007/8 financial year the Legal Department had collaborated with various institutions and or NGO’s on an ad hoc basis.
SUMMARY OF GROUNDWORK AND FINDINGS OF THE SURVEY CONDUCTED BY THE CGE AT TWENTY MAGISTERIAL COURTS AND POLICE STATION FROM 2002 JANUARY UNTIL 2003
Best Practice Guidelines for Creating a Culture of Gender Equality in the Private Sector.