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
158.
Before the trial, as part of the TCC-model, a case manager will oversee the prosecutor-guided
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.
159.
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.
160.
The Court Preparation Programme is a realistic and practical programme aimed at preparing
witnesses to effectively testify in court. In order to attain this aim, Court Preparation Officers have
to be equipped to identify and address the individual needs of witnesses. Witnesses are informed
of the court environment, legal processes and legal terms. The fears and concerns of witnesses
about testifying are addressed and the programme aims to reduce secondary victimisation. The
witness is provided with skills and information to cope with the stress of giving evidence through
the use of a specific model. Furthermore, the merits of the case are not discussed during the court
preparation process.
161.
Ke Bona Lesedi, which means “I see the light”, is a court preparation programme designed to
address fears and concerns of child witnesses going to court. It is intended to contribute towards
the effective implementation of the Criminal Law (Sexual Offences and Related Matters)
Amendment Act360 and to assist prosecutors to have effective, non-traumatised and credible
witnesses. The programme contributes towards successful convictions and a reduction in the
withdrawal of cases.
162.
In a bid to sensitize society on the rights of victims, South Africa launched the Victims’ Rights Week
in September 2010. During this week, which is held annually in September, government
departments within the criminal justice system, coordinated by the Department of Social
Development, seek to raise public awareness about victim rights. The public are provided with
information about what interventions and services are provided by government departments to
victims of crime. In addition to providing information, the week provides government
departments with an opportunity to respond to issues faced by the public and crime victims, in a
coordinated manner.
ARTICLE 5: ELIMINATION OF HARMFUL PRACTICES
163.
360
Harmful practices, which negatively affect the fundamental rights of women and girls, are
expressly prohibited in South Africa. In this regard, the Equality Act, Section 8 (d), stipulates that
unfair discrimination on the ground of gender includes “any practice, including traditional,
customary or religious practice, which impairs the dignity of women and undermines equality
Act No. 32 of 2007
179
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