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MAJOR FOCUS FOR 1998

QUALITY AND DIGNITY FOR WOMEN AND PROTECTION FROM VIOLENCE

Together with the rest of South Africa, we celebrate National Women's Day on 9 August 1998. In so doing, we affirm the right of all women to equality, the right to have their dignity respected, their right to life and their right to be free from violence.

In this period the Department of Justice has made these three constitutional values, namely equality, dignity and freedom, the key values to be implemented. In many respects women still do not enjoy equality, their dignity is not respected adequately and their right to life and freedom from violence is violated daily. Government is committed to a multi-faceted and inter-sectoral approach to address these problems.

A major milestone in this regard was the ratification by South Africa in October 1995 of the UN Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). The Department has taken steps to implement those aspects which fall within its line function and to meet our constitutional obligations. They are, inter alia:

1. National Women's Day 1998. We have declared this week to be Maintenance Week. Special attention is focussed on rural women. Open court days have been organised nationally at four courts in rural areas in each province. These are designed to highlight women's rights, to empower rural women and sensitise court personnel.

2. Campaign on the prevention of violence against women. This campaign ran from November 1996 to Human Rights Day, March 1997. Internal programmes to sensitise staff were implemented, as well as an external educational campaign.

3. Information desks at Magistrates' Courts. Are planned nation wide, and some of them have already been set up. Special focus relates to gender related matters and women's problems. These desks ensure legal advice and help, e.g. assisting women to complete applications for interdicts under the Prevention of Family Violence Act.

4. Gender-Sensitivity Training is taking place at Justice College, involving court personnel and justice officials.

The key objective of the Department of Justice is to eliminate violence against women and girls and restore their dignity by treating them with respect and as equals at all times. Some of the initiatives already taken by the Department of Justice in this regard as far as legislation is concerned, are as follows:

Equality Legislation -The Department has initiated the process of drafting equality legislation as envisaged in section 9(4) of the Constitution. The process involves an Equity Drafting project which is being executed in partnership with the Human Rights Commission through a special unit referred to as the Equality Legislation Drafting Unit. The project commenced in February 1998.

Maintenance Bill 1998 - The new Maintenance Bill is an interim measure (ie. first phase) pending a total review of the whole maintenance system by the SA Law Commission. This first phase has been limited to urgently needed reforms, which can be easily implemented and which command overwhelming support.

Customary Law Reform - The proposed Bill which has already been introduced into Parliament, recognises customary marriages for the first time. This Bill will have a revolutionary impact on the lives of women (rural women in particular) and children in that their status is enhanced and protected.

The Criminal Procedure Second Amendment Act brings with it further amendments (effective 1 August 1998) to regulate bail proceedings. These changes to the Act will ensure that bail will not be granted easily in serious cases.

Domestic Violence Bill (already introduced into Parliament) recognises that domestic violence is a serious crime against society and that women form the majority of victims of domestic violence. Domestic violence in itself is an obstacle to achieving gender equality.

Additional initiatives taken by the Department to restore dignity to women are:

- Pre-trial Services (PTS) - Apart from drafting new bail legislation, the Department has also established practical, court-based Pre-trial Services Offices (already in Mitchells Plain, Johannesburg and Durban) to help our courts make more informed, reliable decisions. Pre-trial services gives lay people the opportunity to understand and participate in the criminal justice system. The witness waiting room provides community volunteers with the opportunity to assist witnesses by providing basic services and witness support. Volunteers are trained to deal responsibly and sensitively with witnesses, hence making our justice system more humane. Their efforts led to the addition of the services to the Witness Protection and Services Bill, 1998, which will be promulgated next year.

- Victim Empowerment - Apart from the victim empowerment programme in partnership with NCPS role players, the Department has also developed a business plan which reflects its commitment to address the concerns of vulnerable groups, in particular women.

- Automation of Maintenance and Cash Deposit System - At present bail, maintenance and fines are paid into and collected from a specific court, usually in cash. There is a large number of problems associated with the current system, including congestion at courts and corruption and thefts. This causes great inconvenience to the public, especially women. It is the Department's vision to replace the current system. The advantages for the public are clearly l evident- this project will allow a person to collect their maintenance or pay it, bail and fines, at any bank, ATM, post office and many retail institutions. It will ensure greater public access and result in massive cost benefits.

- Achieving Employment Equity within the Department as a work place - The Department formulated and is in the process of implementing an internal policy on the achievement of employment equity and present activeness. The major focus is on measures to accelerate the achievement of equitable representation of historically excluded groups, mainly black people, women and people with disabilities and the creation of an institutional environment which affirms all, regardless of difference, and harnesses the potential of all.

- National Policy Guidelines for the Victims of Sexual Offences (NPG) - The NPG, launched on 26 September 1997, serves to educate police officers, health workers, welfare workers and public prosecutors in dealing with the victims of sexual offences, from the moment that they enter the criminal justice system, to the time that the Department of Correctional Services has to consider parole for the offenders. The NPG is aimed specifically at eliminating secondary victimisation .

- Special Sexual Offences Courts - A recent evaluation of the first pilot project in Wynberg, Western Cape, has confirmed that these courts provide a more affirming environment, which empowers victims to present their case fairly. Special Sexual Offences Courts also refer to special divisions in existing courts or specialist personnel in mainstream courts and prosecutorial services. Specialist court initiatives also include Family Courts, which deal with, among other things, domestic violence cases. These initiatives are indicative of the Department's commitment to the empowerment of women. We believe that it is our duty to help women help themselves. We are not only dedicated to protecting women from violence, but also to the enhancement of gender equality and the dignity of all South African women. We reaffirm our commitment to ensure equal treatment before the law for all women.

For more detailed information regarding these initiatives please consult the information document.

ISSUED BY THE DIRECTORATE: COMMUNICATION SERVICES ON BEHALF OF THE MINISTER OF JUSTICE
7 AUGUST 1998
ENQUIRIES: Paul Setsetse
Tel: (021) 457 507
Cell: 083 252 4770

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