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
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Introducing specialised police units (such as family violence, child protection and
sexual offences units)
Resourcing and establishing victim-friendly rooms at police service points
Empowering prosecutors, police officers, magistrates and doctors with specialised
skills
Keeping dangerous sexual offenders under long-term supervision on release from
prison.
107.
The Criminal Law (Sexual Offences and Related Matters) Amendment Act, 200772 was
passed in 2007. This Act provides for expanded definitions of crimes, such as rape, and
provides greater protection for children. A number of new policy frameworks were also
introduced and implemented, including the Child Justice National Policy Framework, the
Restorative Justice National Policy Framework (including forming linkages with traditional
justice), the Social Crime Prevention Strategy and the Diversion Accreditation
Framework. Government has also adopted a Plan of Action to combat violence against
women and children. Furthermore, the Criminal Law (Sentencing) Amendment Act,
200773 aims to regulate the imposition of discretionary minimum sentences for certain
serious offences and also to provide that certain circumstances shall not constitute
substantial and compelling circumstances justifying the imposition of a lesser sentence
when a sentence must be imposed in respect of the offence of rape.
108.
Several interventions were introduced to address gender-based violence and sexual
offences against vulnerable groups. We have re-introduced the specialised Family
Violence Child Protection and Sexual Offences (FCS) Units and nationally there are 176
established FCS units attached to all police clusters within SAPS. This has resulted in
lengthy convictions, achieved through the dedicated work of detectives and prosecutors.
In 2013, since the re-establishment of the FCS units, there were 1 194 life sentences
secured over a three-year period: 306 in 2010/2011; 389 in 2011/2012 and 499 in
2012/2013. Sentences past over this period led to a combined 36 225 years of
imprisonment.
109.
Resourcing and establishing victim-friendly rooms at police service points are on-going.
There are currently more than 900 Victim Friendly Facilities rendering victim support
services in place and it is envisaged that this will be rolled out to all police stations.
110.
A major component of our fight against sexual violence really are the Thuthuzela Care
Centers (“TCCs”), which embody a coordinated approach in the way we effectively
manage sexual offences. In 2013, at the 51 TCCs providing services, a total number of
30 706 matters were reported of which 2769 are either trafficking, domestic violence or
Children’s Act matters; the remaining number of 27 947 are sexual offences related. For
the same year, the National Prosecuting Authority produced an average conviction rate
for TCC-cases of 65.9%, which was the best conviction rate over a period of 5 years. Of
Act No. 32 of 2007
Act No. 38 of 2007
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