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
programmes within the DoJ&CD, such as the Access to Justice and the Promotion of
Constitutional Rights Programme and the National Action Plan (NAP), as well as working
closely with relevant Chapter 9 institutions - such as the Human Rights Commission and
the Commission for Gender Equality – to combat racism, xenophobia and related
intolerance and in that manner address the impact of different forms of discrimination
targeting LGBTI persons. It seeks to improve the management of cases by relevant roleplayers in the criminal justice system, including the South African Police Service, the
National Prosecuting Authority, the Department of Social Development, the Department
of Health and the Department of Correctional Services.
Legislative and policy measures to fight transnational crime and corruption:
127.
A number of statutes have been adopted to fight national and transnational crime and
corruption.76 In the last five years a cyber-crime policy has been developed and is being
implemented. During 2011/12 and 2012/13, the courts finalised 216 cyber-crime cases
with a conviction rate of 87.5% and 136 cyber-crime cases with a conviction rate of 97.8%
respectively.
Applicable case law:
128.
Several court decisions have affirmed the state’s duty to ensure the security of individuals
within South Africa. In Rail Commuters Action Group and Others v Transnet Ltd t/a
Metrorail and Others77 the Constitutional Court held that commuters enjoy a
constitutional right to life, freedom and security of person, including the right to be free
from all forms of violence from either public or private sources. In Minister of Safety and
Security v Madyibi78 the Supreme Court of Appeal upheld a claim for loss of support by
dependants after finding that the police negligently failed to dispossess a sergeant, who
took his own life with the firearm, of the official firearm. In Minister of Safety and Security
and Others v WH79 it was held that the Minister of Safety and Security and police officers
who failed to arrest the plaintiff's rapist in terms of a warrant of arrest issued together
with a protection order prior to her rape, were jointly and severally liable to the plaintiff.
In Zealand v Minister of Justice and Constitutional Development and Another80 the Court
held that interference with a person’s liberty can take place only under restrained
conditions because in a constitutional democracy personal freedom is highly prized.
76
The Prevention of Organised Crime Act, 1998 (Act No 121 of 1998); Combating of Corrupt Activities Act, 2004
(Act No 12 of 2004); Firearms Control Act, 2000 (Act No 60 of 2000); National Convention Arms Control Act, 2002
(Act No 41 of 2002); and Financial Intelligence Act, 2001 (Act No 38 of 2001) serve as legal frameworks to fight
transnational crime corruption, illegal arms and money laundering. The Criminal Procedure Act, 1977 (Act No
51 of 1977) provides for rules of procedure in dealing with criminality from the investigation and trial stages.
77
2005 (2) SA 359 (CC)
78
[2009] ZASCA 95
79
2009 (4) SA 213 (E)
80
2008 (2) SACR 1 (CC)
40