The Commission for Gender Equality is a constitutional entity instituted to strengthen constitutional democracy by focusing on the attainment of gender equality in all spheres of life. Section 187 (1) of the Constitution of South Africa reads: “The Commission for Gender Equality must promote respect for gender equality and the protection, development and attainment of gender equality.” Section 187 (2) additionally provides the CGE “the power, as regulated by national legislation, necessary to perform its functions, including the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning gender equality”.

For the attainment of such equality the CGE recognises that positive action is required by both the State and private actors. The Commission for Gender Equality Act provides the powers and functions of the CGE, from which implications for the public sector can be discerned.