Gender body names and shames firms

Published Dec 8, 2010

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The Commission for Gender Equality (CGE) took a hardline stance yesterday against Great Basin Gold, among the firms that tried to wriggle out of a summons to explain the slow pace of gender transformation in their operations.

In an unprecedented show of strength, the CGE threatened legal sanctions against the gold mining company should it fail to make an appearance before the commission today.

Great Basin became embroiled in a battle of wills with the CGE yesterday when its advocate, Kate Hofmeyer, questioned the commission’s powers to subpoena. She said the firm’s representatives were unwilling to appear in a public hearing and believed there was no compulsion on them to take an oath.

Great Basin was one of six companies that had been asked to appear at the commission’s public hearings at the Constitional Court in Johannesburg to account for the slow pace of gender transformation in their workplaces, particularly the employment of women with disabilities.

Five of the firms summoned were listed on the 2010 worst-performing firms identified in the SA Women in Leadership Census 2010 by the Businesswomen’s Association (BWA).

The other companies in this category were Esorfranki, Poynting Antennas, Kairos Industrial Holdings and Alliance Mining

. Bidvest Bank was also summoned, although it is not on the list of worst-performing companies.

The commission has powers under the Commission for Gender Equality Act to hold public hearings on gender transformation and can summon directors-general of government departments and chief executives from the private sector. If they refuse to co-operate, it has the power to subpoena them. Other sanctions are a fine and/or jail.

Earlier, Great Basin and Esorfranki had indicated to the commission that they questioned its powers to subpoena.

Hofmeyer, instructed by law firm Denys Reitz, said representatives of Great Basin had decided not to turn up for the public hearings because the company had indicated that it wanted to engage with the commission privately.

The representatives contended that they would not take the oath under compulsion.

After a few minutes’ break, Janine Hicks, a commissioner, informed Hofmeyer that the commission had not subpoenaed Great Basin but had made a request. If this was not acceded to, then powers to subpoena might be invoked.

Esorfranki also did not appear at the hearings, but later phoned the commission and informed it that it had been told to appear today.

The BWA census was first conducted in 2004 and represents the foremost research in the status of corporate women.

The 2010 census says women are significantly under-represented in top corporate leadership in companies that are listed on the JSE. The absolute numbers indicate 15 women chief executives and 20 chairwomen.

There are 558 women who hold 1 056 directorships at listed firms. Of these women directors, 91 hold two directorships (2009: 57), 30 hold three directorships (2009: 14), 17 hold four (2009: 12), and 22 hold five or more directorships (2009: six). The survey notes that the number of women with one directorship has also increased to 398 from 336 last year. - Business Report

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