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11 June 2009

Question no. 103

Ms N W A Michael (DA) to ask the Minister of Justice and Constitutional Development:

(1) Whether any sexual offences courts are operational; if not, why not; if so, (a) how many and (b) where are they situated;
(2) Whether all the sexual offences courts are operational for five full days per week; if not, (a) which of the sexual offences courts are not, (b) what (i) are the reasons in each case and (ii) steps are being taken to ensure that every sexual offences court is fully operational for five days per week;
(3) Whether all sexual offences courts adhere to the departmental seven-point blueprint regarding (a) two dedicated prosecutors, (b) administrative support, (c) victim assistance, (d) case managers, (e) intermediaries, (f) counselling services and (g) dedicated magistrates; if not, (i) which courts do not adhere to the seven-point blueprint, (ii) what resources are lacking in each case and (iii) when will they receive the outstanding resources;
(4) What is the anticipated cost to his department of equipping each sexual offences court for adherence to the seven-point blueprint?

(1)(a) Yes, currently there are 45 dedicated Sexual Offences Courts in operation.
1 (b) The Sexual Offences Courts are situated in:
1 (a) See attached list:
* Port Elizabeth
* Uitenhage
* Bethlehem
* Bloemfontein
* Welkom
* Kimberley
* Upington
* Bafokeng
* Moretele
* Odi
* Bellville
* Cape Town
* Goodwood
* George
* Oudtshoorn
* Wynberg
* Durban
* Empangeni
* Pinetown
* Stanger
* Klerksdorp
* Middelburg
* Mokerong
* Thabamoopo
* Nelspruit
* Mankweng
* Evander
* Butterworth
* Mthatha
* Germiston
* Randfontein

(2) The number of Sexual Offences cases on the court rolls does not justify a full court roll for a full week, and may operate for two to three days a week, or once a month for a week etc. It also happens that other types of crimes are also dealt with by the dedicated Sexual Offences Court, as there is an attempt to utilise their court rooms optimally. This will only happen when the court roll is completed.
3 (a) There are two (2) dedicated prosecutors at all dedicated Sexual Offences court countrywide, the NPA has attained a ratio of 2.1 prosecutors per regional court. However as a result of e.g. maternity leave and a high vacancy rate, the posts are not a correct reflection of the situation on ground level. The NPA is currently focusing on filling these posts urgently.
(3) Whether all sexual offences courts adhere to the departmental seven-point blueprint regarding (a) two dedicated prosecutors, (b) administrative support, (c) victim assistance, (d) case managers, (e) intermediaries, (f) counselling services and (g) dedicated magistrates; if not, (i) which courts do not adhere to the seven-point blueprint, (ii) what resources are lacking in each case and (iii) when will they receive the outstanding resources;

Yes/No – not all Sexual Offences Courts adhere to the Departmental seven-point blueprint. Details to this effect are indicated below:
Name of Court
(a)Two dedicated prosecutors
(b)Administrative Support
(c)Victim Assistance
(d)Case Managers
(e)Counselling Services
(f)Dedicated Magistrates

(ii) What resources are lacking;
(iii) When will they receive the outstanding resources?
(3)(c)(ii)(iii)

The NPA has Court Preparation officials at 65 centres countrywide. They prepare witnesses for the task of testifying by explaining roles/ responsibilities of role players, court processes and by addressing fears and concerns. In addition the Court Preparation officials, as far as possible, refer the witnesses for further services e.g. therapy, medical services and referral to a place of safety. They do not discuss the merits of the case with the victims. Their support has proven invaluable in many instances. The NPS cannot expand Court Preparation services in the current financial year, but plan to do so in 2010/11.

There are 16 Victim Assistant Officers based at Thuthuzela Care Centre around the country. The Department of Justice and Constitutional Development is best placed to deal with this question. However, the NPA conducted a survey in 2007 on services rendered so as to establish what services are rendered, and what protection is offered in the Criminal Justice System to child victims. For the purposes of the survey, a questionnaire was developed and distributed to prosecutors. Responses were received from the more senior and experienced prosecutors. In some instances, the responses were a combined or consultative response.

According to official NPA records not all 450 Regional Courts countrywide are equipped with intermediary facilities. A high percentage of respondents indicated that they have been experiencing problems with the functioning of the intermediary facility equipment (CCTV) over the past year, resulting in the postponement of cases involving child victims.  Therefore the victims have to come to court on more than one occasion, which results in secondary victimisation. The following problems were experienced in the different clusters:

* no visual
* poor sound quality
* plugs and microphones need to be replaced

Attendance to the problems experienced was generally reported to be slow. The respondents indicated that only a small percentage of courts are equipped with one way glass/mirrors and separate waiting rooms.

Prosecutors and Court Preparation officers have huge accommodation needs countrywide, although we are in consultation with the DoJ and CD to resolve same. The Constitutional Court in the case of Director of Public Prosecutions, Transvaal vs The Minister of Justice and Constitutional Development (CCT 36/08) instructed the Director General to submit a list of Regional Courts indicating how many intermediaries are indeed available, how many Regional Courts have CCTVs and separate rooms from which to testify etc. NPA has to comment on the report by August 2009. It was stated that the non availability of these measures is a breech of the Constitution. It was stated that each child complainant who is denied the assistance of an intermediary has his or her rights violated.  The Constitutional Court attached a lot of weight to the survey conducted by the NPS.

Proposed reply to question 109 – 3 (f), (ii) and (iii):

The Department of Social Development is responsible for physco-social support for rape victims. Since ensuring support services is not their core function, prosecutors might not be a reliable source for the information requested. However, the majority of respondents (66,7%) to the survey indicated that there is some psycho-social support service available to child victims with 33,3% stating that there is currently no psycho-social support available to children in their area.

The responses seem to indicate a discrepancy between the availability of the services and the rendering thereof (for instance, though the responses for Pretoria indicated that Social Development is available to render the services, it was also noted that child victims are in fact not so assisted and the child victims are simply left to cope on their own especially in the rural areas). It was also indicated that where psycho-social support is rendered, it is mostly provided before testifying and the responses might therefore include references to mere acts of support, such as provided by Court Preparation officers.

The NPA is responsible for Court Preparation. Court Preparation is not counselling. At best it can be described as therapeutic jurisprudence.

Proposed reply to question 109 – 3 (g) (ii) AND (iii):

Regional Court Presidents are in charge of case flow management and as such are in charge of dedicated courts. Many Magistrates are not prepared to have exclusive Sexual Offences roll dedicated Sexual Offences courts. The NPA has expressed its concerns on this issue to the Department of Justice and Constitutional Development.

The Department of Justice and Constitutional Development together with all other role players should discuss and resolve this issue with the Magistrates so that the best interests of the children and vulnerable groups may be served. In the meantime the NPA will continue to place its focus on training as many prosecutors as possible to deal with specialised matters, and have already issued instructions to prosecutors on ensuring the speedy finalisation and prioritisation of theses types of cases, whether they are tried in ordinary Regional courts or specialised courts.

Issued by: Department of Justice and Constitutional Development
11 June 2009