REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
programmes to address sexual violence as a priority, interdepartmental initiatives to improve
criminal justice processes, education and awareness programmes, partnership with civil society
and victim empowerment.
111.
In a bid to integrate gender equality and prioritize the prosecution of crimes committed against
women, the Sexual Offences and Community Affairs (SOCA) Unit was established within the
National Prosecuting Authority in 1999. SOCA focuses primarily on sexual offences, domestic
violence, trafficking in persons, enforcement of child maintenance, managing of young offenders
and other issues involving the victimization of women and children. Their role is to formulate
policy, build capacity, increase sensitization and provide scientific and functional training of
officials who prosecute these crimes. It also facilitates research and training for prosecuting sexual
offences, domestic violence and maintenance cases, and managing young offenders; as well as
developing and implementing community awareness programmes and plans for the participation
of NGOs in these processes and procedures. Since 2008, SOCA has organized an annual Sexual
Offences Indaba, a conference that brings together stakeholders that are involved in the
prevention and management of sexual offences.
112.
Sexual Offences Courts have been created to particularly deal with cases involving sexual offences.
The first Sexual Offence Court was introduced in South Africa as an innovative measure to improve
the prosecution and adjudication of sexual offences. This was a pilot project aimed at responding
to rape cases as well as minimizing secondary trauma experienced by victims within the criminal
justice system. The pilot proved a huge success as it maintained a conviction rate of up to 80%
over a period of a year.
113.
We have recently re-established the sexual offences courts. These dedicated services use
intermediaries, audio-visual equipment and specialised training, among other measures. In June
2012, the former Minister of Justice and Constitutional Development established the Ministerial
Advisory Committee on Adjudication of Sexual Offences Matters (MATTSO) to investigate the
feasibility of re-establishing sexual offences courts (SOC’s). The investigation led to the
recommendation for the re-establishment of the SOC’s, and in Aug 2013, the 1st SOC was launched
by the former Minister in August 2013. Some 33 regional courts have since been upgraded into
sexual offences courtrooms.
114.
Our courts have played an instrumental role in fighting violence against women. Court decisions
have informed a revision of the legislative and policy framework on gender-based violence such
as - In S v Chapman339 the Supreme Court of Appeal (SCA) held that rape constituted “a
humiliating, degrading and brutal invasion of the privacy, the dignity and the person of the
victim….” and that women were entitled to the protection of these rights which were basic to the
ethos of the Constitution and to any defensible civilization. The SCA went on to say that “the courts
are under a duty to send a clear message to the accused and to other potential rapists and to the
community that we are determined to protect equality, dignity and freedom of all women and we
shall have no mercy to those who seek to invade those rights”.
339
1997 (3) SA 341
168
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