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Other legal role-players and structures
Legal practitioners
The legal profession is divided into two branches– advocates and attorneys – that are subject to
strict ethical codes.
Advocates are organised into Bar associations
or societies, one each at the seat of the various
divisions of the High Court.
There are voluntary associations of advocates such as the General Council of the Bar of South Africa and other formations of independent bars. There are four regional societies for attorneys, each made up of a number of provinces. A practising attorney is ipso jure (by the operation of the law) a member of at least one of these societies, which seek to promote the interests of the profession. The Law Society of South Africa is a voluntary association established to coordinate the various regional societies.
In terms of the
Right of Appearance in Courts Act, 1995 (Act
62 of 1995) [PDF], advocates can appear in any court, while attorneys may be heard in all of the country's lower courts and can also acquire the right of appearance in the superior courts.
Attorneys who wish to represent their clients in the High Court are required to apply to the registrar of a provincial division of the High Court. Such an attorney may also appear in the Constitutional Court. All attorneys who hold an LLB or equivalent degree, or who have at least three years' experience, may acquire the right of audience in the High Court.
The Attorneys Amendment Act, 1993
(Act 115 of 1993) [PDF], provides for alternative routes for admission as an attorney. One of these is that persons who intend to be admitted as attorneys and who have satisfied
certain degree requirements prescribed in the Act, are exempted from service under articles or clerkship. However, such persons must satisfy the society concerned that they have at least five years' appropriate legal experience.
State law advisers give legal advice to ministers, government departments, provincial administrations and a number of statutory bodies. In addition, they draft Bills and assist the minister concerned with the passage of Bills through Parliament. They also assist in criminal and constitutional matters.
Other legal practitioners
In terms of the
National Prosecuting Authority (NPA) Act, 1998 (Act 32 of 1998) [PDF], state advocates and
prosecutors are separated from the Public Service
in certain respects, notably by the determination
of salaries.
State attorneys derive their power from the
State Attorney Act, 1957 (Act 56 of 1957), and
protect the interests of the State in the most cost-effective
manner possible. They do this by acting
on behalf of the State in legal matters covering a
wide spectrum of the law.
State attorneys draft contracts for the State
and also act on behalf of elected and appointed
officials in the performance of their duties, e.g.
civil and criminal actions instituted against ministers
and government officials in their official
capacities.
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Services of the Master of the High Court
The Office of the Master remains one of the key service-delivery programmes as it impacts on the vulnerable members of society. The department provides appropriate skills to the staff in the masters' offices to improve turnaround times.
The Department of Justice and Constitutional Development provides for the following services of the Master of the High Court:
- deceased estates
- liquidations
- registration of trusts
- administration of the Guardian's Fund.
Each year, the value of estates under the supervision of the masters' office amounts to about R18 billion. This includes some R4 billion in the Guardian's Fund.
The key statutory functions of the masters' offices are to:
- control the administration of deceased and curatorship estates
- control the administration of insolvent estates and the liquidation of companies and close corporations
- control the registration and administration of both testamentary and inter vivos trusts
- manage the Guardians' Fund
- assess estate duty and certain functions with regard to estate duty
- accept and take custodianship of wills in deceased estates
- act as an office of record.
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Deceased estates
On 15 October 2004, the Constitutional Court
declared Section 23 and regulations of the Black
Administration Act, 1927 unconstitutional.
In 2005, legislation to repeal the Black Administration
Act, 1927 was finalised. This decision
implied that the Master of the High Court takes
over the powers of supervision in all deceased
estates, and that all estates have to be administered
in terms of the Administration of Estates Act,
1965 (Act 66 of 1965), as amended.
All intestate estates must be administered
in terms of the Intestate Succession Act, 1987 (Act 81 of
1987), as amended. This ensures that
all South Africans are treated equally, and that the
dignity of each person is restored.
The institutional structures are the following:
- The Chief Master heads the national office and
is responsible for coordinating all the activities
of the masters’ offices.
- There are masters’ offices in Bhisho, Bloemfontein,
Cape Town, Durban, Grahamstown,
Johannesburg, Kimberley, Mafikeng, Polokwane, Port Elizabeth, Pietermaritzburg, Pretoria, Thohoyandou and Mthatha.
- Suboffices are located in places where the
High Court does not have a seat, but where workloads require the presence of at least one assistant master.
- At service points, officials attached to the
Branch: Court Services deliver services on
behalf of, and under the direction of, the master. Each service point has at least one designated
official who is the office manager or a person
of equal rank. They only appoint masters’
representatives in intestate estates of R50 000
or less, in terms of Section 18(3) of the Administration of Estates Amended Act, 2002 (Act 47 of 2002) [PDF].
[ Top ] Curatorships
On 26 December 2004, the Mental Healthcare Act,
2002 (Act 17 of 2002) [PDF], came into effect, repealing
the Mental Health Act, 1973 (Act 18 of 1973) [PDF].
The new Act provides that where a person
falls within the ambit of this Act, the master can
appoint an administrator to handle the affairs of
the person. The administrator, in this instance,
replaces the appointment of a curator, as was
done in the past.
In terms of the Prevention of Organised Crime
Act, 1998 (Act 121 of 1998) [PDF], the master also appoints curators in
these estates to administer the assets of persons
and legal entities attached by the Asset Forfeiture Unit, in terms of
a court order.
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Guardian’s Fund
The fund holds and administers funds that are paid to the master on behalf of various persons, known or unknown.
These include minors, persons incapable of managing their own affairs, unborn heirs, missing or absent persons, or persons having an interest in the money of a usufructuary, fiduciary or fideicommissary nature.
The money in the Guardian's Fund is invested with the Public Investment Corporation and is audited annually. Interest is calculated monthly at a rate per year determined from time to time by the Minister of Finance. The interest is compounded annually at 31 March. Interest is paid for a period from a month after receipt up to five years after it has become claimable, unless it is legally claimed before such expiration.
The computerisation of the administration of the Guardian's Fund allows for more accurate reporting on the activities of the fund and reduces the opportunity to manipulate the system for purposes of committing fraud and corruption.
The department aims to ensure that 80% of the beneficiaries receive their entitlements within 40 days of submitting their applications from the Guardian's Fund. [ Top ]
Justice College
The Justice College is the training branch of the Department of Justice and Constitutional Development. It has a range of training interventions, which target magistrates; prosecutors; masters of the High Court; family advocates; court interpreters; legislative drafters; registrars of the High Court; clerks; court and area court managers; administration personnel; and other legal professionals.
The college has evolved into two distinctive institutions with the coming into effect
of the South African Judicial Education Institute Act, 2008 [PDF].
The training offered by the college assists in capacitating Department of Justice and Constitutional Development officials both in terms of the acquisition of knowledge, as well as the demonstration of requisite skills in the workplace.
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Office of the Family Advocate
The role of the Family Advocate is to promote and protect the best interests of the children in civil disputes over parental rights and responsibilities.
This is achieved through monitoring pleadings filed at court, conducting enquiries, filing reports, appearing in court during the hearing of the application or trial, and providing mediation services in respect of disputes over parental rights and responsibilities of fathers of children born out of wedlock.
The Family Advocate derives its duties and obligations from the Mediation in Certain Divorce Matters Act, 1987 (Act 24 of 1987), and other related legislation. In certain instances, the Family Advocate also assists the courts in matters involving domestic violence and maintenance. The Office of the Chief Family Advocate is the designated central authority regarding the implementation of the Hague Convention on the
Civil Aspects of International Child Abduction, to which South Africa became a signatory in 1996. Under this Act, the Chief Family Advocate assists in securing the return of, or access to, children abducted or unlawfully retained by their parents or caregivers.
The sections of the Children’s Act, 2005 [PDF] which came into operation on 1 July 2007, have significantly expanded the Family Advocate's responsibilities and scope of duties, as the Act makes the Family Advocate central to all family-law civil litigation. Furthermore, litigants are now obliged to mediate their disputes before resorting to litigation, and unmarried fathers can approach the Family Advocate directly for assistance without instituting any litigation at all.
In addition, children's rights to participate in, and consult on, decisions affecting them have been entrenched and the Family Advocate is the mechanism whereby the voice of the child is heard.
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Truth and Reconciliation Commission (TRC) Unit
The TRC was dissolved in March 2002 by way of proclamation in the Government Gazette. The TRC made recommendations to government in respect of reparations to victims and measures to prevent the future violation of human rights and abuses.
Four categories of recommendations were approved by government in June 2003 for implementation, namely:
- final reparations: the provision of a once-off individual grant of R30 000 to individual TRC-identified victims
- symbols and monuments: academic and formal records of history, cultural and art forms, as well as erecting symbols and monuments to exalt the freedom struggle, including new geographic and place names
- medical benefits and other forms of social assistance: education assistance, provision of housing and other forms of social assistance to address the needs of TRC-identified victims
- community rehabilitation: rehabilitating whole communities that were subject to intense acts of violence and destruction, and which are still in distress.
The TRC Unit, located within the Department of Justice and Constitutional Development, was established in 2005 to monitor, coordinate and audit the implementation of the TRC recommendations.
The TRC identified 21 769 people as victims of human-rights violations. Of the total identified victims, 16 837 applied for reparations. By May 2010, 15 956 beneficiaries had been paid once-off grants of R30 000 as a final reparation.
These payments are made from the President's Fund, established in terms of Section 42 of the Promotion
of National Unity and Reconciliation Act, 1995
(Act 34 of 1995) [PDF].
The fund is located within the Office of the
Chief Financial Officer in the Department of Justice and Constitutional Development.
The department has experienced difficulties tracing some of the beneficiaries because of incorrect or changed addresses, or in some cases where the victims had died.
By May 2010, there were 881 outstanding beneficiaries of whom 219 were deceased and the President's Fund was attempting to establish their rightful next of kin. Government continues to search for the remaining beneficiaries.
Regulations status report
Regulations providing for assistance relating to exhumations, reburials and symbolic burials were published in the Government Gazette in May 2010, which was also the date of commencement.
The objective of these regulations is to assist relatives of the missing persons who were reported to the TRC in respect of:
- transport, travelling and subsistence allowances in connection with exhumation
- assistance in respect of application for orders presuming the death of missing persons.
By May 2010, a total of 65 bodies had been exhumed and the TRC Unit had handed over 37 remains of exhumed individuals to their families for proper and dignified reburial.
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Judicial Service Commission (JSC)
The JSC was established in terms of Section 178 of the
Constitution, and its function is to select fit and proper persons for appointment as judges and to investigate complaints about judicial officers. It also advises government on any matters relating to the judiciary or to the administration of justice.
When appointments have to be made, the JSC publishes a notice giving details of the vacancies that exist and calls for nominations. It shortlists suitable candidates and invites them for interviews. Professional bodies and members of the public have the opportunity to comment prior to the interviews or to make representations concerning the candidates to the commission.
The interviews are conducted in public, after which the JSC deliberates and makes its decisions in private. Its recommendations are communicated to the president, who then makes the appointments.
In terms of the Constitution, the President, in consultation with the JSC, appoints the chief justice and the deputy chief justice, and the president and deputy President of the Supreme Court of Appeal.
The President appoints other judges on the advice of the JSC. In the case of the chief justice and the deputy chief justice, the leaders of parties represented in the National Assembly are also consulted.
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Magistrates' Commission
The Magistrates' Commission ensures that the appointment, promotion, transfer or discharge of, or disciplinary steps against judicial officers in the lower courts take place without favour or prejudice, and that the applicable laws and administrative directions in connection with such actions are applied uniformly and correctly.
In terms of the Magistrates Act, 1993 [PDF], the minister appoints a magistrate after consultation
with the Magistrates' Commission. The commission also investigates grievances and complaints about magistrates and submits reports and recommendations to the minister, who in turn tables them in Parliament.
The commission has established committees to deal with appointments, misconduct, disciplinary inquiries and incapacity; grievances; salary and service conditions; and the training of magistrates.
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South African Law Reform
Commission (SALRC)
The SALRC is an independent statutory body, established by the SALRC Act, 1973 (Act 19 of
1973) [PDF], and advises government on law reform. The SALRC is appointed by the President on the recommendation of the Minister of Justice and Constitutional Development.
It is chaired by a judge of the Superior Court and consists of members drawn from the judiciary, legal profession and academic institutions.
The SALRC conducts research with reference to all branches of the law to make recommendations to government for the development, improvement, modernisation or reform thereof. This includes the following functions:
- repealing obsolete or unnecessary provisions
- removing anomalies
- bringing about uniformity in the law
- consolidating or codifying any branch of the law
- making the common law more readily available.
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Rules Board for Courts of Law
The Rules Board for Courts of Law (Rules Board) is a statutory body, established by the Rules Board for Courts of Law Act, 1985 (Act
107 of 1985) [PDF], to review the rules of courts and to make, amend or repeal rules, subject to the approval of the Minister of Justice.
The Rules Board is constituted by experts in the procedural law drawn largely from the
judiciary, the legal profession and academic institutions.
The Rules Board has an important role in ensuring that rules of procedure are simplified to promote easy access to justice.
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South African Board for Sheriffs
Sheriffs are officers of the court appointed in terms of Section 2 of the Sheriffs Act, 1986 (Act 90 of 1986) [PDF], to serve and execute court processes and court orders. Sheriffs serve and execute civil-court processes against payment of a fee in accordance with the tariffs determined from time to time by way of rules of courts made by the Rules Board for Courts of Law.
The sheriffs are regulated by the South African Board for Sheriffs, appointed by the minister in terms of the Act.
The sheriffs' profession is one of the institutions that requires attention in terms of transformation. By March 2010:
- Of the 518 sheriffs, 71% were white, while 29% were black. Women constituted 14% of all sheriffs. This reflected a slight change from the 84% white and 16% black ratio in 1994.
- Of the 904 deputy sheriffs, 62% were white and 38% were black.
- In the Northern Cape, all sheriffs were white, despite the fact that the province is mainly populated by coloured people.
Some of the policy initiatives undertaken by the department to transform the sheriffs' sector are:
- drafting amendments to the sheriffs' regulations to establish objective criteria for the appointment of sheriffs
- developing and implementing progressive measures to ensure that communities living in underdeveloped areas have equal access to the services of a sheriff to enjoy
the equal benefit and protection of the law as required by the Constitution
- modernising the civil-justice system
- implementing training and capacityenhancement programmes to establish an accountable and competent sheriffs' profession that respects and protects human rights and Batho Pele.
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Legal Aid South Africa
Legal Aid South Africa continues to provide legal assistance to the indigent, in accordance with the Constitution and other legislative requirements. This is done through a system of in-house legal practitioners, and outsourcing to private lawyers (a system of judicare) and cooperation partners.
Legal Aid South Africa and the SAPS are working on systems that will allow legal-aid applications to be submitted electronically from police stations, to facilitate access to legal representation and ensure that arrested people have legal representation when they first appear in court. This is expected to reduce delays caused by accused people having to find attorneys.
During the 2009/10 financial year, Legal Aid South Africa provided legal services at all criminal courts through its 64 justice centres and 63 satellite offices. During this period, legal Aid South Africa delivered legal services in 416 149 new legal matters, which included assistance in 387 121 criminal legal matters and 29 028 civil legal matters.
It has prioritised the representation of children for both civil and criminal matters. About 10,5% (45 268) of new matters taken on by Legal Aid South Africa were on behalf of children. As a result, dedicated children's units have been established at a number of justice centres to ensure specialised representation for children.
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South African Human Rights Commission (SAHRC)
The SAHRC is a national institution that derives its powers from the Constitution and the SAHRC Act, 1994 (Act 54 of 1994) [PDF]. It is also given additional powers and responsibilities by other national legislation.
Since its inauguration in October 1995, the commission has taken up the challenge of ensuring that the ideals expressed in the Constitution are enjoyed by all in South Africa.
The SAHRC works with government, civil society and individuals, both nationally and abroad, to fulfil its constitutional mandate.
In terms of Section 184(1) of the Constitution, the SAHRC must:
- promote respect for and a culture of human rights
- promote the protection, development and attainment of human rights
- monitor and assess the observance of human rights in South Africa.
The operations of the SAHRC consist of the following programmes:
- strategic management and support services
- commissioners
- education, training and public awareness
- legal services
- research and documentation
- parliamentary liaison and legislation and treaty body monitoring
- information and communication
- special programmes
- coordinators
- the Civil-Society Advocacy Project.
The SAHRC has established standing committees to advise and assist it in its work. The SAHRC has also established provincial offices to ensure its services are widely accessible. The SAHRC continues its collaboration with the Southern African Development Community (SADC) region.
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Public Protector
The Public Protector is appointed by the President, on the recommendation of the National Assembly, in terms of Chapter Nine of the Constitution, 1996. The Public Protector is required to be a South African citizen who is suitably qualified and experienced and has exhibited a reputation for honesty and integrity.
The Constitution also prescribes the powers and duties of the Public Protector. Further powers, duties and the execution thereof are regulated by the Public Protector Act, 1994 (Act 23 of 1994) [PDF].
Section 181 of the Constitution ensures that the Public Protector is subject only to the Constitution and the law. He/she must be impartial and must exercise his/her powers and perform his/her functions without fear; favour or prejudice. No person or organ of state may interfere with the functioning of the Public Protector's office.
The Public Protector has the power to investigate any conduct in state affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice.
Following such an investigation, the Public Protector has to report on the conduct concerned and he/she can take appropriate remedial action. Additional powers and functions are provided for by the Public Protector Act, 1994.
The Public Protector may not investigate court decisions. He/she must be accessible to all persons and communities. Other organs of state must assist and protect the institution to ensure its independence, impartiality, dignity and effectiveness.
The Public Protector is neither an advocate for the complainant nor for the public authority concerned. He/she ascertains the facts of the case and reaches an impartial and independent conclusion on the merits of the complaint.
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Commission on Gender Equality (CGE)
The
CGE is one of six state institutions set up in terms of the Constitution to promote
democracy and a culture of human rights
in the country. The commission's role is to advance gender equality in all spheres
of society and to make recommendations
on any legislation affecting the status of women.
The powers and functions of the CGE are:
- developing, conducting or managing information and education programmes to foster public understanding of matters pertaining to the promotion of gender equality and the role and activities of the commission
- monitoring and evaluating the policies
and practices of state organs, statutory
and public bodies, as well as the private sector, to promote gender equality
- investigating any gender-related complaints received or on its own initiative
- liaising with institutions, bodies or authorities with similar objectives
- conducting research to further the objectives of the CGE.
Complaints are received from the public at large and dealt with either through personal consultations, telephonically or in writing, including electronically.
In cases where the complaint does not fall within the CGE's mandate, it may be referred to a relevant institution or forum.
On 1 July 2009, the President, in terms of Section 97 of the Constitution of the Republic of South Africa, 1996, transferred the administration, powers and functions entrusted under the CGE Act, 1996 (Act 39 of 1996) [PDF] to the Minister of Women, Children and Persons with Disabilities.
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Special Investigating Unit
The SIU, created in terms of the SIU and
Special Tribunals Act, 1996 (Act 74 of 1996) [PDF], is an independent
statutory body that is directly accountable
to Parliament and the President of South Africa. It
was established to conduct investigations at the
President’s request, and to report to him on the
outcomes of these.
The SIU functions in a manner similar to a
commission of inquiry, in that the President refers
cases to it by way of a proclamation. It may investigate
any matter set out in Section Two of the SIU
and Special Tribunals Act, 1996 regarding:
• serious maladministration concerning the
affairs of any state institution
• improper or unlawful conduct by employees of
any state institution
• unlawful appropriation or expenditure of public
money or property, and any unlawful, irregular
or unapproved acquisitive act, transaction,
measure or practice that has a bearing on state
property
• intentional or negligent loss of public money or
damage to public property
• corruption in connection with the affairs of any
state institution
• unlawful or improper conduct by any person
who has cause to or may cause serious harm
to the interest of the public or any category of
the public.
The unit can also take civil action to correct any
wrongdoing it uncovers during an investigation
and can therefore, for example, obtain a court
order to:
- compel a person to pay back any wrongful benefit received
- cancel contracts when the proper procedures were not followed
- stop transactions or other actions that were not properly authorised.
A critical factor contributing towards the success
of the SIU has been the development of an integrated
forensic service to state institutions that
requires an intervention to address allegations of
corruption, maladministration and fraud, which
include forensic audit and investigation; remedial
legal actions encompassing civil, criminal and disciplinary
action; as well as the recommendation
and facilitation of systemic recommendations.
The SIU’s output-driven approach to investigations
is supported by an effective national
presence and excellent relations with other law
agencies such as the National Prosecution Service
(NPS), the core prosecuting division of the
NPA, and other attached divisions, such as the
Specialised Commercial Crime Unit (SCCU) in the
case of fraud and other related matters, and the
Asset Forfeiture Unit (AFU) in cases where the
powers of this unit are more suitable for recovering
the proceeds of crime.
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National Prosecuting Authority of South Africa
Overview
South African society post-1994 has been marked by profound political changes and the establishment of progressive legislation, policies and programmes that have served to lay the basis for a new society. Key milestones along the way have been the adoption of the Constitution in 1996 that outlined the formation of the NPA and Section 179 of the Constitution of the Republic of South Africa, 1996, which created a single NPA.
Also vital within the criminal justice system
(CJS) was the formation of the Office of the National Director of Public Prosecutions (NDPP), established on 1 August 1998.
The Office of the NDPP consists of deputy NDPPs, and special DPPs who head the specialised units – the Sexual Offences and Community Affairs Unit (Soca), the SCCU, Priority Crimes Litigation Unit (PCLU) and Office for Witness Protection (OWP).
These units were established through presidential proclamations relevant to their specific focus areas such as sexual offences, special commercial crimes and priority crimes litigation. The AFU was also created to ensure that the powers in the Prevention of Organised Crime Act, 1998 (Act 121 of 1998), to seize criminal assets are used effectively to remove the profits of crime.
Legislation governing the prosecuting authority is the NPA Act, 1998 (Act 32 of 1998) [PDF]. The Constitution, read with this Act, provides the prosecuting authority with the power to institute criminal proceedings on behalf of the State and to carry out any necessary functions incidental to instituting criminal proceedings.
The NPA Amendment Act, 2008 (Act 56 of 2008) [PDF], and the SAPS Amendment Act, 2008 (Act 57 of 2008) [PDF], provided for the dissolution of the Directorate: Special Operations (DSO). The DSO and SAPS Organised Crime Unit became a single agency known as the Directorate: Priority Crime Investigation (DPCI), within the SAPS. The Acts are expected to strengthen the investigative capacity of the police in relation to organised and serious crime.
While the core work of the NPA will remain prosecutions and being "the people's lawyer", the NPA Strategy seeks to ensure that the organisation becomes more proactive so as to:
- contribute to economic growth
- contribute to freedom from crime
- contribute to social development
- promote a culture of civic morality
- reduce crime
- ensure public confidence in the CJS.
National Prosecutions Service (NPS)
A significant majority of the NPA's prosecutors are housed in the NPS, the organisation's biggest unit. The NPS is headed by the Deputy Directors of Public Prosecutions (DPPs). DPPs head the respective regional jurisdictions, which are attached to the high courts of the country.
All the public prosecutors and state advocates manning the district, regional and high courts report to the DPPs in their respective areas of jurisdiction.
Office for Witness Protection
The OWP was created in 2001, in terms of the Witness Protection Act, 1998 (Act 112 of 1998) [PDF].
The OWP provides a support service to the CJS by protecting threatened or intimidated witnesses and related persons by placing them under protection, ensuring that they testify in criminal and other defined proceedings. The OWP has maintained a proud record of no witnesses or family members in the programme being harmed or threatened since the office was established.
Asset Forfeiture Unit
The AFU was created in 1999 in terms of the Prevention of Organised Crime Act, 1998 (Act 121 of 1998) [PDF]. The unit focuses on restraining and forfeiting the proceeds of crime or the property used to commit crime. The AFU has two major strategic objectives, namely to:
- develop the law by taking test cases to court and creating the legal precedents necessary to allow for the effective use of the law
- build capacity to ensure that asset forfeiture is used as widely as possible to have a real effect in the fight against crime.
In the decade since the AFU's establishment, it obtained 1 679 confiscation or forfeiture orders, totalling R1,136 billion. The AFU has an 85% success rate.
Specialised Commercial Crime Unit
The SCCU was established on 1 August 1999 as a pilot project to combat the deteriorating situation pertaining to commercial crime. The SCCU aims to reduce commercial crime by the effective investigation and prosecution of complex commercial crime.
The SCCU's mandate is to effectively prosecute complex commercial crime cases emanating from the commercial branches of the SAPS. The client base of the SCCU comprises a broad spectrum of complainants in commercial cases, ranging from private individuals and corporate bodies to state departments.
Priority Crimes Litigation Unit
The PCLU is a specialist unit mandated to tackle cases that threaten national security. The PCLU was created by Presidential proclamation and is allocated categories of cases either by the president or by the NDPP. The primary function of the PCLU is to manage and direct investigations and prosecutions in respect of the following areas:
- the non-proliferation of weapons of mass destruction (nuclear, chemical and biological)
- the regulation of conventional military arms
- the regulation of mercenary and related activities
- the International Court created by the Statue of Rome
- national and international terrorism
- prosecutions of persons who were refused or failed to apply for amnesty in terms of the Truth and Reconciliation Commission (TRC) processes.
Sexual Offences and Community Affairs Unit
Soca acts against the victimisation of vulnerable groups, mainly women and children.
The unit develops strategy and policy, and oversees the management of cases relating to sexual offences, domestic violence, human trafficking, maintenance offences and children in conflict with the law. Soca aims to:
- improve the conviction rate in gender-based crimes and crimes against children
- protect vulnerable groups from abuse and violence
- ensure access to maintenance support
- reduce secondary victimisation.
One of the unit's key achievements in ensuring government's commitment to the fight against sexual offences and gender-based violence is the establishment of Thuthuzela care centres (TCCs).
The TCC concept is recognised by the UN General Assembly as a "world best-practice model" in the field of gender-violence management and response. The TCCs are one-stop facilities located in public hospitals in communities where the incidence of rape is particularly high.
The TCCs aim to provide survivors with a broad range of essential services – from emergency medical-care counselling to court preparation – in a holistic, integrated and victim-friendly manner.
In May 2010, Minister Radebe launched the 21st TCC in Bellville, in the Western Cape. The department aims to establish 35 centres by 2025.
Source: South Africa Yearbook 2010/11
Editor: D Burger. Government Communication and Information System
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Last modified: 20 July 2011 14:13:15. |
