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
a mechanism for the adequate and effective protection of victims of sexual violence. In
terms of the Act, victims of sexual offences are entitled to post-exposure prophylaxis. It
provides for the compulsory testing of alleged sex offenders and the keeping of a national
register of sex offenders. The Act imposes an obligation on a person who has knowledge
that a sexual offence has been committed against a child to report such knowledge to a
police official forthwith.
408.
Capacity building and training of the SAPS members is an on-going process commencing
in basic training. The SAPS engages in public awareness and education campaigns with
the purpose of creating a greater awareness of the relevant legislation and government‘s
commitment to eradicating violence against women and children. These awareness
campaigns have, over the years, encouraged communities to report these crimes to the
police and also compelled the police to improve the policing of these crimes.
409.
It must be noted that the NPA (facilitated by the SOCA Unit) developed a comprehensive
training manual for prosecutors in line with the Act, and from July 2008 until March 2012
have delivered 38 training sessions attended by 993 prosecutors. From April until
December 2012, 5 more sessions attended by 99 prosecutors were conducted. In
addition, an integrated training manual for stakeholders at TCC’s has been compiled,
focusing on the management of sexual offences predominantly. In the 2011/12 financial
year 20 sessions attended by 483 delegates were conducted and from April to Dec 2012,
22 sessions attended by 628 delegates. These training manuals are annually reviewed
and updated with the latest developments in law and training is also an ongoing activity.
410.
The SAPS has developed National Instructions on the Domestic Violence Act and the
Criminal Law (Sexual Offences and Related Matters) Amendment Act in order to provide
clear policy directives for the police in support of members to improve service delivery to
victims. The NPA (facilitated by SOCA), in line with Act 32 of 2007 also developed
directives for prosecutors on how best to deal with sexual offences in the criminal justice
system.
411.
Following the promulgation of the Criminal Law (Sexual Offences and Related Matters)
Amendment Act in 2007, the Department of Justice and Constitutional Development
developed registers aimed at protecting persons, children in particular, against sexual
offences and abuse (known as the Sexual Offenders Register and the National Child
Protection Register). The registers were established in terms of the Criminal Law (Sexual
Offences and Related Matters) Amendment Act, 2007 and the Children’s Act, 2005
respectively. Data on the registers will enable employers to vet applications and ensure
that convicted child abusers (including sex offenders) are not employed in positions
where they are in contact with children. The purpose of the registers is to have a record
of persons who are unsuitable to work with children so as to protect children against
abuse from these persons.
412.
The Inter-Ministerial Committee on the Root Causes of Violence and Women and
Children was established by Cabinet in May 2012 to investigate root causes of violence
113