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
iv) The South Gauteng High Court convicted and sentenced the accused in the matter of
State versus Rikhotso. The accused was convicted of multiple charges of kidnapping,
rape, and robbery. During a reign of terror in the Soweto area, 12 victims were raped.
The accused was subsequently sentenced to 17 life sentences and an additional 161
years imprisonment, to run concurrently.
v) The much publicised trial of the so-called “Sunday Rapist”, Jacobus Steyn, commenced
in the South Gauteng High Court during July 2012. On 19 September 2012 the accused
was convicted and sentenced to five terms of life imprisonment, and a further 170
years imprisonment.
vi) In State versus LL Gagu, the accused was charged with seven counts of rape, one count
of sexual grooming and three counts of exposing children to pornography. The
complainants were aged between 10 and 15 years and were young girls who attended
a dance school operated by the accused. The accused was convicted of sexual grooming
and exposing children to harmful pornography. He was sentenced to four years
imprisonment on the sexual grooming count and to five years imprisonment for each
count of exposure to pornography. These sentences will run concurrently with the
three life sentences imposed by the Western Cape High Court in respect of the seven
rape convictions.
Domestic violence
118.
Domestic violence is one of the prominent forms of violence against women in South Africa. In
response to this vice, the Domestic Violence Act, 1998344 was enacted to afford the victims of
domestic violence the maximum protection from domestic abuse that the law can provide. The
Act defines domestic violence in broad terms to include physical, sexual, emotional, verbal and
psychological abuse, economic abuse, intimidation, harassment, stalking, damage to property,
entry into the complainant’s residence without consent, where the parties do not share the same
residence, and any other controlling or abusive behaviour where such conduct harms or may
cause imminent harm to the safety, health or wellbeing of the complainant. The Act applies to a
range of relationships and covers both heterosexual and same sex relationships.
119.
The Act imposes a range of duties on police officers in relation to the protection of victims of
domestic violence. Failure to comply with these duties constitutes misconduct and the South
African Police Service’s National Commissioner is required to submit six-monthly reports to
Parliament on the extent of compliance with these statutory obligations by the police and the
disciplinary action taken against non-compliance. Police failure to discharge these duties should
also be reported to the Independent Police Investigative Directorate (IPID).
120.
The courts play a significant role in addressing domestic violence in South Africa. The Act provides
that a victim of domestic violence may apply for a protection order to, inter alia, stop the abuse
and to stop the abuser from entering the mutual home, the victim’s residence, or the victim’s
place of employment. The courts have handed down landmark decisions on matters pertaining to
344
Act No. 116 of 1998
170
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