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
the 2357 cases finalised with a verdict, 1554 (65.9%) resulted in a conviction. This is also
an improvement of 13.3% compared to the 2012/13 financial year. During the 2013/14
financial year the TCC-cases per accused and per offence, which resulted in convictions
included amongst others 151 sentences of life imprisonment, 132 sentences of 20-25
years imprisonment and 455 sentences of between 10 and less than 20 years
imprisonment.
111.
Thuthuzela’s integrated approach to rape care is one of respect, comfort, restoring
dignity and ensuring justice for victims of sexual violence. The management of TCC-model
and roll-out falls within the responsibility of the NPA. The success of it is based upon
effective and efficient stakeholder cooperation such as between the Departments of
Justice, Health, Education, Treasury, Correctional Services, Social Development, the SAPS
and designated civil society organisations. The TCC-model is specifically focussed on
being victim-friendly and court directed with prosecutor-guided investigations and
stakeholder cooperation. The ultimate goal is to minimise secondary victimization,
reduce the cycle period for the finalisation of cases and to increase the conviction rates
of these cases. When reporting a crime, the victim is removed from an environment such
as a police station, to a more victim-friendly environment before being transported by
police or an ambulance to the Thuthuzela Care Centre at the hospital. The person also
receives counseling. If the medical examination happens within 72 hours of the incident,
post-exposure prophylaxis is given. The investigating officer on call at the center will take
the person’s statement. The person will receive appropriate medication and is given a
follow-up date for further medical treatment, before being transported home or a place
of safety. A referral letter will be given or an appointment made for long-term counseling.
112.
Before the trial, as part of the TCC-model, a case manager will oversee the prosecutorguided investigation and will ensure that the case is trial and court ready. The case
manager is a legally qualified official with specific additional expertise in dealing with
gender-based violence matters.
113.
With regards to the trial, consultations with a specialist prosecutor will take place before
the case goes to court and court preparation by a victim-assistant officer will be
undertaken. The person must also be given an explanation of the possible outcome and
regular updates of the trial process by the case manager. The Thuthuzela model is an
outstanding example of interdepartmental cooperation.
114.
South Africa established Sexual Offences Courts as an innovative measure to improve the
prosecution and adjudication of sexual offences and ensure that vulnerable groups get
the care, respect and support they need. By March 2003, twenty (20) Sexual Offences
Courts had been established, and by March 2004, a year later, the number had increased
to forty-seven (47) courts. At the end of 2005, there were seventy-four (74) such courts
in the country.
115.
We have recently re-established the sexual offences courts. These dedicated services use
intermediaries, audio-visual equipment and specialised training, among other measures.
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