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Annual Report 2019/2020

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Annual Report 2019/2020 Annual Reports Implementation of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) April 2019 – March 2020 Justice and Constitutional Development Correctional Services Social Development Health Basic Education Higher Education and Training Cooperative Governance and Traditional Affairs Annual Reports Implementation of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) April 2019 – March 2020 Annual Report ● Implementation of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) 2 Contents Department of Justice and Constitutional Development 4 Department of Correctional Services 60 National Prosecuting Authority 82 Department of Social Development 108 South African Police Service 162 Department of Health 189 Department of Basic Education 222 Department of Higher Education and Training 255 Legal Aid South Africa 272 Department of Traditional Affairs 283 Annual Report ● Implementation of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) 3 DOJ&CD Department of Justice and Constitutional Development Annual Report ● Implementation of the Criminal Law (Sexual Offences and Related atters)M Amendment Act, 2007 (Act No. 32 of 2007) 4 DOJ&CD Table of Contents Official Sign Off 7 Acronyms 8 Executive Summary 9 1. Chapter 1: Legal And Policy Framework On Sexual Offences 11 1.1. Introduction 11 1.2. The Constitution of the Republic of South Africa 12 1.3. International Legal Framework 12 1.3.1. UN and AU Obligations and Domestic Legislation 13 2. Chapter 2: Governance Structures 14 2.1. Introduction 14 2.2. Directors-General Intersectoral Committee on the Management 14 of Sexual Offences Matters (the DG ISC-SO) 2.3. National Intersectoral Committee for the Management of 16 Sexual Offences Matters 2.4. National Court Services Committee (NCSSC) 17 2.5. National Task Team (NTT) on LGBTI Rights 18 3. Chapter 3: Physical And Human Resources 21 3.1. Introduction 21 3.2. Mainstreaming of Dual CCTV/SOS Systems in Regional Courts 22 3.3. Sexual Offences Courts: 2019/2020 and the GBVF Emergency 23 Response Action (ERAP) 3.4. Intermediary Services 25 4. Chapter 4: Training And Development 26 4.1. Introduction 26 4.2. Training on Regulations relating to Sexual Offences Courts 27 4.3. Challenges 27 5. Public Education and Communication 28 5.1. Introduction 28 5.2. Ministerial Launch of Sexual Offences Courts 28 5.3. National Educational Exhibitions and Service Fairs 30 5.4. Let’s Talk Justice Radio Talk Shows 31 5.5. Schools Campaign Conducted by the National Office 32 Annual Report ● Implementation of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) 5 DOJ&CD 5.6. Community Imbizos and Outreach Interventions Conducted by 33 the National Office 5.7. Community Outreach Interventions Conducted by the Regions 34 5.8. Under the Tree Men’s Campaign to End Patriarchy (GBVF ERAP) 37 5.9. Conclusion 39 6. National Register for Sex Offenders 40 6.1. Introduction 40 6.2. Work in Progress (WIP) cases updated in the ICMS NRSO 41 6.3. Issuance of Certificates in Respect of Particulars of Persons 42 Working with Children or Persons with Mental Disability 6.4. NRSO Training Sessions 42 6.5. Amendment to Legislation 43 6.6. Public Education and Communication on NRSO 43 6.7. Challenges 43 7. Sexual Offences Cases Registered And Managed By Regional Courts 44 7.1. Introduction 44 7.2. Overview of Sexual Offences Matters from 2015/2016 to 2019/2020 45 7.3. Performance of Courts in Sexual Offences per Province 45 7.4. Highest Registered Sexual Offences Charges 46 7.5. Courts with the Highest Number of Registered New Rape Cases 47 7.6. Courts with the Highest Number of Sexual Offences Cases 47 Registered 7.7. Courts with the Highest Charge Withdrawal Rates 48 7.8. Top 10 Courts with Highest Case Disposal Rate 49 7.9. Top 10 Courts with the Highest Outstanding Cases 49 7.10. Reasons for Postponements 50 7.11. Number of Cases Postponed Due to Unavailability of Stakeholders 50 7.12. Challenges 53 8. Legislative Amendments and Development 54 8.1. Introduction 54 8.2. Sexual Offences Courts Now Recognised By Law 55 8.3. Regulations Relating Sexual Offences 55 8.4. Amendment Regarding the Designation of Public Health Facilities 56 and the Extension of Intermediary Services to Older Persons 8.5. Amendment of section 65 of the Act Regarding the Submission of 56 Reports 8.6. GBVF ERAP Indicators to Amend and Develop Bills to Strengthen 57 the Response to GBVF 8.7. Challenges 58 9. Limitations And Possible Solutions 59 Annual Report ● Implementation of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) 6 DOJ&CD Sign-Off It is hereby certified that this Annual Report has been developed by the Department of Justice and Constitutional Development for submission to Parliament in terms of section 65(3) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) (the Act). It highlights the achievements and limitations experienced in realising the goals of the Act within the mandate of the Department of Justice and Constitutional Development during the 2019/2020 financial year. Adv. Praise Kambula Signature:_______________________________ Chief Director: Promotion of the Rights of Vulnerable Groups Adv. Jacob Skosana Signature: _________________________________ Deputy Director General: Court Services Approved by: Ms. Kalayvani Pillay Signature: _________________________________ Acting Director-General Department of Justice and Constitutional Development Annual Report ● Implementation of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) 7 DOJ&CD List of acronyms CCTV Closed-Circuit Television DCS Department of Correctional Services DG-ISC SO Directors-General Intersectoral Committee for the Management of Sexual Offences Matters DHET Department of Higher Education, Science and Technology DOH Department of Health DSD Department of Social Development DWYPD Department of Women, Youth and Persons with Disabilities EHWP Employee, Health and Wellness Programme ERAP Emergency Response Action Plan GBVF Gender-based Violence and Femicide ICMS Integrated Case Management System JMSA Judicial Matters Second Amendment JCPS Justice, Crime Prevention and Security Legal Aid SA Legal Aid South Africa LGBTQIA+ Lesbians, Gays, Bisexual, Transgender, Queer, Intersex, Asexual Plus NCSSC National Court Support Services Committee NOC IMT National Operations Centre Information Management Tool NT ISC-SO National Technical Intersectoral Committee on the Management of Sexual Offences Matters NPA National Prosecuting Authority NPF SO National Policy Framework on the Management of Sexual Offences Matters NTT National Task Team NSP National Strategic Plan NRSO National Register for Sex Offenders PEC Public Education and Communications PRVG Promotion of the Rights of Vulnerable Groups RRT Rapid Response Team SAPS South African Police Service SEIAS Socio-Economic Impact Assessment System SOC Sexual Offences Court SOGIE Sexual Orientation, Gender Identity, and Gender Expression TCC Thuthuzela Care Centre TIP Trafficking in Persons UNICEF United Nations Children’s Emergency Fund VC Service Charter for Victims of Crime in South Africa Annual Report ● Implementation of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) 8 DOJ&CD Executive Summary The period under review (i.e. 2019/ 2020 financial year) was preceded by yet another historic milestone in the fight against gender-based violence and femicide when the President of the Republic of South Africa, His Excellency President Cyril Ramaphosa, signed into operation the very first Presidential Summit Declaration against Gender-based Violence and Femicide together with civil society. On the 29 March 2019, the Department co-hosted with the Presidency a ceremony where government and civil society took a shared stance to jointly use the Presidential Summit Declaration as the roadmap to a South Africa free from GBVF. In line with article 4 of the Summit Declaration, them continued to emerge as one of the most the GBVF Interim Steering Committee was horrific experiences. An urgent intervention then established to steer the process to the was needed. establishment of the National Council on GBVF and to develop the GBVF National Strategic In October 2019 President Ramaphosa Plan as the country tool for the implementation announced the introduction of the GBVF of the Summit Declaration. The Committee was Emergency Response Action Plan (ERAP) co-chaired by the Presidency and civil society. - funded by a reprioritized budget of R1.6 The Department continued to play a pivotal role billion. Over a period of 6 months, i.e. from 1 in shaping the work of this structure towards November 2019 to 31 March 2020, different the realisation of its mandate. government stakeholders and civil society organisations were tasked to implement robust During Women’s Month in 2019, sexual interventions to significantly reduce the levels violence and the broader spectrum of gender- of violence against women and children. In line based violence and femicide (GBVF)-related with the Presidential Summit Declaration, the crimes continued to increase unabated in ERAP called upon every person living in South our country, amidst all interventions that Africa to take responsibility to end GBVF and were being introduced by the GBVF ISC. The sexual violence, in particular. frequency of reported cases of femicide reached alarming levels that brought massive The Department actively participated in the trauma to communities and society at large. GBVF ISC which was tasked to monitor the The trend of raping victims first before killing multisectoral implementation of the GBVF Annual Report ● Implementation of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) 9 DOJ&CD ERAP. In response to the public call made tighten the bail and sentencing laws, and also by President Ramaphosa to all men to end make laws relating to parole victim-centric.
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