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SEXUAL OFFENCES

The current escalation in child rape and the unacceptable levels of adult rape and sexual offences demand that we reconsider our programmes to address crime and violence against women and children. A draft action plan for the reduction of rape and the improvement of criminal justice processes with regard to sexual offences will be submitted to Cabinet shortly for approval.

With regard to improving the legal framework relevant to dealing with sexual offences, the South African Law Commission has been busy with urgent investigations. A discussion paper, which contains a draft Bill that embodies some progressive recommendations on the reform of the law relating to sexual offences, was published in December 2001.

The Bill, which accompanies the discussion paper, includes revised substantive law provisions such as: -

* A revised statutory definition of the offence of rape.
* A view that non-disclosure by a person infected with a sexually transmissible disease prior to sexual relations with another person constitutes rape.
* Affording vulnerable witnesses, such as children, additional protection measures during a sexual offence's trial.
* Provision for the prohibition of the organisation or promotion of child 'sex tours'.
* Child prostitution now constitutes what was previously referred to as Commercial Sexual Exploitation of Children due to the fact that the divergent role-players (e.g. pimps, clients, brothel-keepers, people trafficking in children) targeted in the original provisions, are all in same way involved in child prostitution.

The South African Police Service Family Violence, Sexual Offences and 33 Child Protection Units have achieved the following over a 6-month period: -

* 1 021 cases dealing with sexual offences against children were finalised in court. Perpetrators were sentenced to a total of 7 285 years, including 53 life sentences. Fines to a value of R234 120-00 were imposed.

* 179 cases, involving adults, were finalised leading to 1 328 years of imprisonment - including 4 life sentences. Fines to a value of R62 240-00 were imposed.

The Sexual Offences and Community Affairs Unit of the NPA has established 3 Multi-Disciplinary Care Centres for the victims of sexual offences and domestic violence at hospitals in the Western Cape and Eastern Cape. We have also established 19 fully operational sexual offences courts countrywide. 5 more are currently in the process of being made fully operational. Results from the existing 19 fully operational specialised courts have shown that with dedicated, specialised, medical, police, prosecutorial and counselling personnel based in one place, we can improve significantly on the rates of reporting, conviction and the reduction of secondary victimisation.

DOMESTIC VIOLENCE

More than 2 000 officials (665 magistrates, 199 prosecutors, 357 clerks, 45 attorneys, South African police officials, Non-Government Organisations, etc.) have been trained on the new Domestic Violence Act. A comprehensive manual on domestic violence for the training of all key service providers has been developed. Various initiatives have been implemented: -

* Alexandra:
The branch court has been upgraded and child witness rooms have been provided.

* Mitchell's Plain:
A family court has been set up and will be launched in conjunction with the Model Court Project at the end of February 2002.

* Khayelitsha:
A new building, which includes children's court and adjacent witness rooms, is being constructed.

* Thabong:
A community safety centre that will accommodate our cluster is being planned at an estimated cost of R22 million.

VICTIM EMPOWERMENT AND SUPPORT

The Victim Empowerment Programme aims to improve services to all victims of crime and makes provision for victims with specific needs, like women and children.

A draft South African Victims' Charter was developed in 2001 which: -

* Outlines the rights and standard of services to which a victim is entitled.
* Explains the processes in the criminal justice system;
* Outlines the treatment a victim can expect from the various role players in the system;
* Outlines the complaints procedure and includes an address list of the relevant service providers.

CHILD JUSTICE BILL

This Bill, which will soon be coming before Parliament, introduces a comprehensive new protocol and approach in respect of juveniles (children under 18) - who have come into conflict with the law. At the end of August 2001, 1 981 children were awaiting trial in prison. This reflects a substantial reduction in the number of children awaiting trial since May 2000, when the national figure stood at 2 716. The Bill empowers me to establish centralised services centres for the administration of a modern and socially relevant child justice system - these are the planned One Stop Child Justice Centres.

Additional initiatives include: -

* Improved legal representation for children;
* Interim national protocol for the management of children awaiting trial;
* An increase in diversion programmes (inter alia)

The legislation will also align SA criminal procedure in respect of juveniles with our domestic human rights ethics.

MAINTENANCE

We desperately need to address the needs of women and children trapped in an ineffective maintenance system. We know too well the effect of a range of political, legislative and social interventions of the past, such as Influx Control, Group Areas Act, Migrant Labour, Pass Laws etc - on the social and economic fabric of our society. An investment in the maintenance system is an investment in poverty alleviation, access to education, reduction in juvenile delinquency and crime and improved standards of living for our people. In support of the President's focus on poverty alleviation, my Department will implement widespread improvements to the maintenance system with specific focus on access to services. This includes the appointment of maintenance investigators and officers at various centres countrywide - in terms of the Maintenance Act of 1998. In delivering a far higher net child support payout, a more effective maintenance system will significantly improve the quality of life of South Africa's children.

CASE BACKLOGS

* Saturday and Additional Courts

Participation in the Saturday Court Project was determined on a volunteer basis. As at January 2002, a total of 14 441 cases were finalised by Additional and Saturday Courts. The Saturday Courts have maintained an average of 5 court hours since February last year. By November 2001, there were 65 additional courts countrywide and, on average, 90 Saturday Courts held sessions weekly. These courts are set to achieve a target of 15 000 cases by March 2002, and we shall ensure that these courts continue to function until such time as case backlogs have been satisfactorily reduced.

* Court Process System and IJS Court Centre Project

We have made great strides in developing a criminal and civil case management system called the Court Process System. Johannesburg and Durban Magistrate's Courts have been used as pilots to develop one of the world's first integrated methods of managing courts and caseloads. The overall objective is to reduce the average case cycle time. In order to improve the co-ordination and integration of activities at courts; the IJS Court Centre Project is presently being implemented at 17 courts throughout the country, particularly where case backlogs are unacceptably high.

The project will be implemented at a further 15 magistrates offices throughout the country by the end of August 2002.

* Prosecutors

By the end of March 2002, we will have appointed 351 new prosecutors. Conviction rates have improved dramatically:
* 83%: District Courts
* 66%: Regional Courts
* 77%: High Courts

COURTS: ACCESS AND INFRASTRUCTURE

The Department will be embarking on an extensive repair and maintenance programme (RAMP) of 50 courts throughout the country that would bring such buildings to full functionality. In addition, 15 new capital works services from Tembisa to Sebokeng have been put into planning - in order to promote access to justice for our poor and marginalised communities. Improving service delivery at courts and enhancing court performance is an important goal of my Department. From March 2002, I shall be leading all national office and regional office staffs on a monthly crusade to assist in all spheres of court work in a project called "Vusi Goes to Court".

We shall all dirty our hands in an attempt to improve service to our people. Join us on Wednesday, 5 March, at our courts throughout the country.

REMEMBER THE SAYING:

You strike the woman
You strike the rock!

You touch the child
You tap the pulse and ignite
The wrath of a nation!

Issued by Ministry of Justice and Constitutional Development

11 February 2002