GOOD IN­TEN­TIONS BUT...

Business Day - Business Law and Tax Review - - BUSINESS LAW & TAX REVIEW -

and frame­works are al­ready in ex­is­tence, although the im­ple­men­ta­tion thereof has thus far been deeply prob­lem­atic. As such, the fail­ure of gen­der em­pow­er­ment does not lie in the lack of poli­cies and plans, but rather in their im­ple­men­ta­tion and ex­e­cu­tion.

One of the min­is­ter’s listed pow­ers is that he or she may make use of “any dis­pute res­o­lu­tion mech­a­nism to ad­dress non­com­pli­ance” with the act. Be­cause the bill merely re­quires the devel­op­ment and im­ple­men­ta­tion of a pol­icy, it would be ex­tremely dif- fi­cult to hold any­one to ac­count for non­com­pli­ance. A public or pri­vate body would only have to show that a pol­icy was in­deed de­vel­oped and that there has been im­ple­men­ta­tion. Whether the qual­ity and im­pact of the pol­icy or how it is im­ple­mented has any ef­fect on the process, is un­clear.

The bill re­quires pri­vate and public bod­ies to pro­vide the min­is­ter with com­pli­ance re­ports within one year of be­ing des­ig­nated to do so. With an op­por­tu­nity for rec­om­men­da­tions and sug­ges­tions as feed­back to the

Pic­ture: SUN­DAY TIMES

Newspapers in English

Newspapers from South Africa

© PressReader. All rights reserved.