Please read the abstract in the section 00front of this document / Dissertation (MA (Practical Theology))--University of Pretoria, 2008. / Practical Theology / unrestricted

This study identifies barriers to promotion for women teachers as they endeavour to attain leadership positions in schools. Like many others in South Africa, women have gained legal rights in the present democratic dispensation. Nevertheless, women teachers are still left out of formal leadership roles in schools. Patterns and practices that relegated and held women to the margins of leadership continue to contradict the democratic ideals enshrined in the Constitution. The study explores the historical accounts which continue to marginalize women teachers from leadership, as well as the life experiences of women teachers, and seeks to discover how these accounts and experiences impact on women teachers who admire and aspire leadership roles in schools. The study is rooted in the critical feminist perspective, which frames layers of socio-political, cultural and ethical issues that did and continue to marginalize women teachers from leadership. The researcher adopted a qualitative approach, especially inductive reasoning or narration to explore settings in schools. The research methodology helped to expose how women teachers navigate the educational, cultural or social arenas, and, most importantly, how society perceives the practice of selecting leaders in schools. However, the endeavour is to create an equitable platform for leadership in schools. The study is based on information on gender imbalances drawn from schools in Soshanguve (Pretoria, South Africa). Interviews, questionnaires and observation were selected as data-collection instruments. Eight women teachers and eight male teachers took part in this study. Subsequently, two women principals and two male principals also volunteered to take part in this study. Participants were intentionally selected. Each participant gave informed consent in writing. Voluntary participation involves the ethical issues of confidentiality, anonymity, and privacy. The researcher observed values such as trust, respect, empathy and dignity of the participants. The data analysis and interpretation revealed the following major themes: <ul> <li>discrimination on the basis of sex</li> <li>stereotypes that believe that men make better managers</li> <li>fear and lack of self-esteem</li> <li>unavailability of structured support for women teachers.</li> / Dissertation (Magister Educationis (Education Management, Law and Policy))--University of Pretoria, 2006. / Education Management and Policy Studies / unrestricted

Previously, our workplaces were characterised by serious hardships emanating from labour laws which did not always cater for all areas of the employment relationship. South African female employees were without a clear legitimate remedial right precluding any severe violation and infringement to their fundamental rights resulting from their pregnancy; a task they did not opt for in the first place, but was instead, naturally imposed on them as a result of their gender category. Undoubtedly, many female employees were victims of unfair discrimination. The legislature therefore saw it fit to democratise the workplace by making rapid statutory interventions. As a result, a number of significant changes in various spheres of our labour laws were brought in. Amongst the greatly notable valuable changes was the introduction of the Employment Equity Act 55 of 1998. This piece of legislation has generally reformed our industrial society by bringing in the elimination of unfair discrimination and thereby enhancing the principle of equity in the workplace. The act has further touched a place within hearts of female employees for fear of discrimination as a result of their pregnancy status or any reasons related to their pregnancy. The act further codified Industrial Court decisions that were already established under the discrimination law jurisprudence from the Labour Relations Act 28 of 1956. The application of the provisions of the Act has made the employment relationship no longer to be a comfort zone for employers. These general changes to the law also impact on the dismissal law regime. The purpose of this treatise is to give an overview of the applicable legislation and contributions made by the Labour Courts in developing pregnancy dismissal and discrimination law. The Labour Courts have handed down few judgements that have helped in clarifying the provisions of both the current Labour Relations Act and the Employment Equity Act around the topic. One should hasten to say that this has never been a smooth process by the courts. It is further shown in this treatise that some of the court decisions were not well accepted in the light of other important considerations, such as the equality provisions of the Constitution. For the purpose of effectively dealing with this topic, this treatise contains a discussion of the historical context of discrimination law in the form of common-law position, and the discrimination law before the Bill of Rights and the Constitution. It then endeavours to identify the legislative provision of the Act when it comes to discrimination law provisions. At the same time the important court decisions that were made are identified and examined.

Sexual harassment is an ever increasing drain on the resources of the modern employer, as well as serving to take up much time in terms of legal battles and court cases. The concept of sexual harassment has undergone much revision over the past decades, and South Africa is now firmly committed to the eradication of this problem. The Constitution protects and enshrines important rights like dignity, equality and the right to fair labour practices. These are further defined and protected through the application of various statutes, including the LRA, EEA, PEPUDA and the revised Code of Good Practice. In terms of statutory liability, the employer will be liable for the harassment of its employees, unless it takes a proactive stance and implements comprehensive sexual harassment policies. In this way it will escape liability. The common law vicarious liability of the employer cannot be escaped as easily. The entire concept of the law of delict is to remedy harm suffered. In terms of the common law, employers will be held vicariously liable for the harassment of their employees if it can be shown that the harassment occurred within a valid working relationship, if the harassment actually occurred through a delict, and if the act occurred within the course and scope of employment. The best way for employers to minimize their liability for sexual harassment is the implementation of training and educational policies that serve to make employees aware of what is permissible in the workplace. This will aid the employer in showing that it has done everything possible to reduce the risk of harassment, which will in turn serve to reduce the employer’s liability. To protect against the risk of expensive litigation, many employers are now investigating the matter of liability insurance – they would rather pay increased premiums than suffer alone when their employees take legal action against them. Sexual harassment is a problem that can only be solved through a concerted effort on the part of the legislature, judiciary, employers and employees. Together, these parties must ensure that all of those involved in the world of work are aware of the problem of harassment, as well as taking steps to educate and train employees so as to prevent it. Only in this way will we be able to take action to reduce this terrible problem in our country.

The aim of this research project is to conduct an evaluation on the implementation of gender mainstreaming in South African government departments, with specific reference to the Department of Justice and Constitutional Development (DoJ&CD) and the Department of Foreign Affairs (DFA). The research project is based on the hypothesis that despite the existence of a National Gender Machinery, Gender Focal Points (GFPs) face numerous challenges in implementing gender mainstreaming, due to various internal and external factors. Based on the two case studies, the research project concludes that despite a strong commitment from government, GFPs still face challenges in effectively implementing gender mainstreaming. This is due to a lack of accountability, an understanding of the concept of gender mainstreaming, as well as a lack of resources. Furthermore, systemic weaknesses within the National Gender Machinery are exacerbating the challenges faced GFP

The focus of this study will be on gender stereotypes versus gender equality in Swaartbooi's novel “UMandisa” and in Saule's novel “Idinga”. CHAPTER ONE will be the introductory chapter where the aim of the study, methodology, motivation and definition of terms will be given, as well as the biographical outline of Ncedile Saule and that of V.N.M. Swaartbooi. CHAPTER TWO will focus on developing the theoretical framework of the study. Theories are used to advocate a change of approach in the teaching and reading of literature. The theory to be employed in this study will be based on aspects of the female gender and feminism. CHAPTER THREE will explore the issues of gender stereotypes as portrayed in Swaartbooi's “UMANDISA” CHAPTER FOUR will focus on gender equality as portrayed in “IDINGA” by Saule and “UMANDISA” by Swaartbooi. The two novels raised the question of equality between women and men. CHAPTER FIVE will serve as the concluding chapter where the evaluation of the study will be made.

The research seeks to evaluate how the South African government has conceptualised gender through the use of the concepts of WID and GAD. This research has been conducted through the analysis of the Draft Strategic Framework on Gender and Women's Empowerment a document of the Department of Trade and Industry that was formulated to address and redress the issues of gender equality. It has some sound suggestions that seek to identify strategies to improve women empowerment through financial independence. As a result they have used various approaches in order to provide strategies that are mindful of the „needs‟ of the women. Accordingly they have formulated a policy that understands who these women are and have made recommendations of strategies that different groups of women can identify with. They have included the marginalised rural and disabled women and even gone as far as catering for younger women still at school. However there has been concern at the impact that the exclusion of men has contributed, therefore it is important to find ways in which to make men more involved.

Although Zimbabwe is a signatory to various regional and international conventions, treatises, declarations and protocols that seek to promote and create an environment conducive the attainment of gender equality, despite all these commitments, the Zimbabwean Government still lags behind in the area of political participation of women. This study was done to investigate gender equality and the level of participation in governmental decision making processes with specific reference to the cabinet of Zimbabwe. The subject for discussion was traced back to 1980 when Zimbabwe gained its independence and the researcher aimed to ascertain whether there was any significant improvement in terms of women’s participation in governmental decision-making processes and structures. The study also unravelled reasons why women have been at the peripherals of decision- making in cabinet. The study also brought out and evaluated the strategies used by the government of Zimbabwe in managing a gender-sensitive working environment and the legislation that has been put in place to guide the process. At the same time an evaluation was done among the respondents to ascertain the strengths and weaknesses of the strategies identified. Political parties were also included in the process since women who find their way into parliament do so using the tickets of their respective political parties. The political parties have a role to play since they have their respective constitutions in gender sensitive issues and it remains to be seen if they are implementing this which would result in identifying the numbers of women who are in the cabinet. The study is of significance to the Zimbabwean situation at the moment as the country is in the process of drafting a new constitution. The current Constitution in its Section 23 which provides for “protection from discrimination on the grounds of race, tribe, political opinion or physical disability of the persons concerned it is not clear as to what form of representation or position women should occupy in politics and decision-making positions. Given the above research analysis it is possible to conclude that indeed women have an impact on decision making in cabinet. The findings show the impact of considering the value of women in decision-making bodies as they spearheading development in their respective wards and the nation at large. Women were also viewed as decision makers who would contribute in the development of the nation just as much as men are assumed to do. The empowerment of women legislators and the aspiring candidates is a process that has a long way to go to ensure gender equality in governmental decision making processes but it is a necessary process.

Sexual harassment has been in existence for a long time in the workplace without any attempt to understand, define and effectively combat this rather undesirable and serious form of misconduct. Until fairly recently, the growing problem of sexual harassment and its damaging effect have been given much attention by legal authorities and society at large. The effect of sexual harassment is that it embarrasses or humiliates the victim. The victim may also suffer from trauma which, in turn, affects his/her performance at work. Numerous definitions have been provided on what constitutes sexual harassment. Sexual harassment takes place when a women‟s sexual role overshadows her work role in the eyes of the male, whether it be a supervisor, co-worker, client or customer. In other words, her gender receives more attention than her work. Sexual harassment is also seen as unwanted conduct of a sexual nature that violates the rights of an employee and constitutes a barrier to equity in the workplace.1 The Bill of Rights in the Constitution2 entrenches the rights of everyone. Worth mentioning are the “right to equality”, “the right to dignity”, “the right to privacy” and “the right to fair labour practices”. Furthermore, section 6(3) of the Employment Equity Act3 states that “harassment is a form of unfair discrimination” which is prohibited in terms of section 6(1) of the same Act. Section 60 of the Employment Equity Act deals with statutory vicarious liability where the employer is held liable for his acts and/or omission to take measures to against sexual harassment or a failure to put a grievance procedure in place. Where such an employer has done what is reasonably necessary to prevent and to address sexual harassment, he/she will escape liability for the misconduct of the employee. This section also provides for mechanisms that an employer may employ to minimise liability where harassment has taken place. In addition to statutory vicarious liability is the common law vicarious liability, where the employer is vicariously liable for the delict of the employee. This form of liability is also referred to as “no-fault liability”. The employer will be held liable where the following requirements for vicarious liability in common law are met: firstly, there must be an “employer-employee relationship”, secondly, a “delict must be committed” and thirdly, the “employee must have been acting in the scope or course of employment when the delict was committed”. Liability can also be directly imputed on the employer. In this instance, it has to be proven that “the employer committed an act or omission; the act or omission was unlawful; the act or omission was culpable, intentional or negligent, and a third party suffered harm; either patrimonial damage or injury to personality; and the act or omission caused that harm”.

In terms of Section 9 of the Constitution of the Republic of South Africa of 1996, Chapter Two, the Bill of Rights, there should be gender equality amongst other things. In terms of Section15 (i) of the Employment Equity Act (Act 55 of 1998), there should be equal representation of suitably qualified people from the designated groups (blacks, women and people with disabilities) in all occupational categories and levels in the workforce. Section 15 (ii)provides that an employer who employs more than 50 employees must conduct a gender audit and make a gender equity plan and implement it when new employees are employed. In the Department of Education in the District of Butterworth, there is no gender equality in the number of senior secondary school managers. Men constituted 65 percent and women constituted 35 percent. The study investigated reasons for unequal representation of men and women as senior secondary school managers. The study was qualitative in design. The participants in the study were the Assistant Director of the Human Resource Section of the Department of Education and school governing body members, who were parents and educators. Interviews were used to collect data from the participants The study found that, amongst other things, gender equity was not considered when senior secondary schools managers were employed. That was why there was unequal representation of men and women in senior secondary schools’ management positions. This implied that those involved in the employment of secondary school managers in the district of Butterworth did not consider the Employment Equity Act (Act 55 of 1998) as a guide when employing senior secondary school managers in order to be able to achieve gender equality in this position. That was why there was unequal representation of men and women in senior secondary schools’ management positions.