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REPORT ON THE ANNUAL IMPLEMENTATION OF THE CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT ACT 32 OF 2007
Presentation: Portfolio Committee on Justice and Correctional ServicesSeptember 2014
KEY FOCUS AREAS
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1. Purpose of the presentation;
2. General Overview;
3. Governance structures;
4. Achievements on Key Priority Areas
4.1 Legal Framework on Sexual Offences;
4.2 Human and Physical Resources;
4.3 Capacity Building: Training and Development;
4.4 Public Education and Communication;
4.5 Monitoring and Evaluation; and
4.6 Research Interventions
• Limitations
• Way forward/ Conclusion
Purpose of the Presentation
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• Present the Annual Consolidated Inter-sectoral Report on the Implementation of
the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of
2007 (the Act) covering the period January 2012 – March 2013.
• Section 65 (3) of the Act requires the Minister of Justice and Constitutional
Development (now Minister of Justice and Correctional Services) to table annual
reports on the implementation of the Act compiled by each of the reporting
departments;
• This report represents the consolidated intersectoral performance in the
implementation of the Act extracted from the individual annual reports received
from the reporting Departments/ institution
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• The Reporting departments/institutions are the Departments of Justice and
Constitutional Development (DoJ&CD), Correctional Services (DCS); Health (DOH);
Social Development (DSD), as well as the South African Police Services (SAPS) and
National Prosecuting Authority (NPA).
• The Co-opted departments/institutions are: the Departments of Women,
Children and People with Disabilities (now Department of Women), Basic
Education (DBE), Cooperative Governance and Traditional Affairs (COGTA), and the
Legal Aid South Africa ( Legal Aid SA)
GENERAL OVERVIEW
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• This report was taken through an intersectoral consultative process, and was
adopted by the following governance structures:
– National Operational Intersectoral Committee on Sexual Offences
– JCPS Cluster Developmental Committee
– Directors-General Inter-sectoral Committee on the Management of Sexual
Offences (DG-ISC SO) represented by all the heads of the reporting
Departments/ institutions, and chaired by the DG: DoJ&CD;
– JCPS Inter-Ministerial Committee
• All these structures have the representation of the reporting Departments/
institutions
GENERAL OVERVIEW
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GOVERNANCE STRUCTURES
• The Preamble and Objectives of the Act promote the provision of responsive,
preventative and supportive mechanisms to address the sexual violence by
enumerating protective mechanisms:
o Providing for specialized services to certain victims of sexual violence;
o Eliminating secondary traumatization of victims of sexual violence;
o Entrenching inter-sectoral response to sexual violence
o Removing gender specificity of rape
o Introducing new specific crimes, particularly crimes against children and persons with mental
disabilities
• This Report is also informed by the applicable International and Regional Protocols
and other relevant legislation and national policies.
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GENERAL OVERVIEW
The Report is segmented into the following Key Priority Areas:
•Legal Framework on Sexual Offences
•Human and Physical Resources;
•Capacity Building: Training and Development;
•Public Education and Communication;
•Monitoring and Evaluation; and
•Research Interventions
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PROGRESS ON KEY PRIORITY AREAS
International Obligations• Declaration of Basic Principles of Justice for Victims
of Crime & Abuse of Power (1985)
• Convention on the Rights of the Child (1989);
• Convention on the Elimination of All Forms of
Discrimination against Women (1995);
• The Beijing Declaration and Platform for Action
(1995)
• Convention on the Rights of Persons with
Disabilities (2007)
• African Charter on the Rights & Welfare of the
Child;
• Protocol to the African Charter on Human and
People’s Rights on the Rights of Women in Africa,
etc.
National Obligations
• The Constitution
• Criminal Law (Sexual Offences and Related
Matters) Amendment Act, 2007
• Domestic Violence Act, 1998
• Children’s Act, 2005;
• Older Persons Act, 2006;
• Prevention and Combating Trafficking in Persons
Act, 2013, etc.
National Policies
• National Policy Framework on the Management of
Sexual Offences – tabled in Parliament in September
2012
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APPLICABLE LEGAL FRAMEWORK
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LEGISLATIVE DEVELOPMENT AND AMENDMENTS
(i) Alignment of the NCPR and NRSO
• The similarities and difference between the two Registers have necessitated an investigation into
the merger by the DoJ&CD and DSD
• Reason for the investigation into the merger is to address financial and human resources
duplication. The Preliminary Report will be available at end of September 2014.
(ii)Enabling Provision for the Designation of Sexual Offences Courts
• During the reporting period the DOJ&CD supported a Portfolio Committee Bill to enable the
Minister to designate Sexual Offences Courts.
• The Judicial Matters Second Amendment Act, 2013 (Act No 43 of 2013) was promulgated on 22 Jul
2013
(iii)Women Empowerment and Gender Equality Bill
• Promotes equality, identify and prevent discrimination
• Aims at the elimination of detrimental cultural, economic, religious, traditional practices that are
harmful to women
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(iv) National Instructions and Directives
• The National Directives of the NPA could not be published pending the decision of
the Constitutional Case of Teddy Bear Clinic v Minister of Justice and Constitutional
Development and Others CAS 73300/10.
• However, the NPA amended their National Directives to align them with the
amendment of the Act to insert s56 A that empowers courts impose a sentence in
terms of s276 of the Criminal Procedure Act, 1977 where the penalty has not been
prescribed. This was in response to the decision of the WC High Court decision in
DPP, WC v Prins and Others delivered on 15 June 2012
• DOH amended their National Directives published in 2009 to add Regulations R176
which directs the rendering of forensic medical services.
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• The reporting Departments/ institutions are expected to provide
adequate human capacity at the service points to ensure speedy,
specialized and effective service delivery.
• The personnel outlined in the table below only identifies specialist
officials who provide direct specialised services to victims of sexual
offences based on the fact that they have specialized knowledge
and skills to enhance the outcomes of the criminal justice process.
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HUMAN RESOURCES
Human Resources Title/Name of Post Department / Institution
Previous Financial Year (2011/2012)
Current Reporting Numbers
Intermediary services for child witnesses
Intermediaries DOJ&CD 139 164 + 48 ad hoc= 212
Social Worker offering intermediary Service
DSD 46 46
Case adjudication Magistrates in Dedicated to Sexual Offences Courts
Office of the Chief Justice
15 15
Investigation support service
SAPS Social Workers SAPS 76 76
Investigation service
FCS Unit Officers SAPS Not reported 2 477
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HUMAN RESOURCES
Services Offered Title/Post Name
Department / Institution
Previous Reporting Numbers
Current Reporting Numbers
Victim court preparation services
Court Preparations Officers
NPA 140 140
Specialized victim support services at Thuthuzela Care Centres
TCC Coordinators
NPA 10 27
Case Managers
NPA 10 10
Victim Assistant Officers
NPA 09 23
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HUMAN RESOURCES
Services Offered Title/Post Name Dept / Institution
Previous Reporting
Current Reporting
Khuseleka One-Stop-Centres or Provincial SDS
Victim Empowerment Coordinators
DSD 9 9
Registration of sexual offenders in the National Register for Sex Offenders
NRSO & Technical Staff
DOJ&CD 1 2
NRSO Data Capturers DOJ&CD 0 4
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PHYSICAL/FACILITIES/ INFRASTRUCTURE RESOURCES
Physical
Resource
Service Provided Department /
Institution
Previous
Reporting
Period (Dec
2011)
Numbers for the
Current Reporting
Period
Victim Friendly
Rooms (VFR)
Provide private room to
collect statement of victims
of sexual offences in a
sensitive manner
SAPS 900 914
(799 are at fully
fledged police
stations)
Thuthuzela
Care Centres
(TCC’s)
Provides one-stop support
services under one facility
for victims of sexual
violence
NPA 51 (32 fully
fledges TCC
19 partially
complete)
50 (less one because
of staff shortage)
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PHYSICAL/FACILITIES/ INFRASTRUCTURE RESOURCES
Physical Resource Service Provided Departmen
t /
Institution
Previous Reporting
Period (Dec 11)
Current Reporting
Period
One –Way Closed Circuit
Television (CCTV) System
To allow the witness to testify
in camera from the private
testifying room via the CCTV
DOJ&CD 335 322
(process halted to
introduce the 2-
Way CCTV’s)
One-Way Mirrors To allow the witness to testify
in camera from the private
testifying room via the One
Way Mirror
DoJ&CD 49 98
Testifying Rooms Facilitates giving of evidence
from a separate room to
prevent harm or trauma
DOJ&CD 224 220
(process halted to
introduce the new
model rooms)
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PHYSICAL/FACILITIES/ INFRASTRUCTURE RESOURCES
Physical Resource Service Provided Department /
Institution
Previous
Reporting Period
(Dec 2011)
Numbers for the
Current
Reporting Period
Khuseleka One-
Stop-Centre
Centre for victims crime in
general which referral or
coordinating services to be given
to victims of sexual violence by
appropriate professionals
DSD 8 10 established
during the
reporting period
VEP Shelters Temporary shelters for adult
victims of domestic violence and
sexual violence
DSD 96 Funded
Shelters
97
Child and Youth
Care Centres and
Shelters
These are used as homes for
abused children including child
victims of sexual violence
DSD Not reported 340
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PHYSICAL/FACILITIES/ INFRASTRUCTURE RESOURCES
Physical Resource Service Provided Department /
Institution
Previous
Reporting
Period
Current
Reporting
Period
Family Violence, Child
Protection and Sexual
Offences (FCS) Units
Detective units established to
focus on family violence, child
protection and sexual violence
investigations by specialized
investigators
SAPS 176 176
Forensic Medical
Clinics/Designated
Health Facilities
Facilities provided in hospitals to
facilitate securing provision of
post-exposure prophylaxis to
victims of sexual violence
DOH Not reported 253
Training and Capacity Building Training and Capacity Building
• The Act envisions a criminal justice system that is managed by skilled and
competent officials and requires effective and efficient investigation,
prosecution and adjudication of sexual offences cases.
• It expressly requires DoH, NPA and SAPS to develop training courses which
must include social context in sexual offences so as to ensure rain officials
who will be responsible for its implementation.
• Although the Act only stipulates the requirement for training for DOH, SAPS
and NPA Officials, all the role-player departments/institutions undertake
training to equip the officials to understand and execute the provisions of
the Act.
Training and Development
Department Official trained No trained in Jan 12- Mar 13
No trained – previous 5 years
DoJ&CD Court clerks, Registrars, Intermediaries, Magistrates, NGO’s, etc
2 160 2 268
NPA Prosecutors, TCC stakeholders, Court preparation officers, SAPS, etc
1 238 1 433
DoH Doctors, nurses 261 925
SAPS Police detectives based at FCS Units
250 7 343
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DoJ&CD Public Education and Awareness
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Province Calendar Event
Type of Event No of Events No Reached
EC; Mpumalanga; NC
Child Protection Week
Schools’ Campaign 06 +- 2 500
Limpopo - Stop Teenage Pregnancy Campaign
262 262 schools58 825 learners
NC Schools Campaign 07 1 542 learners
NC Women’s Month Community Outreach
02 155 people
WC Women’s Month Community Imbizo’s 03 3 000 people
NW Crime Victims Week Community Indaba 02 1 000 people
EC Schools’ Campaign 01 1 883 learners
Gauteng International LGBTI Week
Gay Pride Parade 01 + 20 000 people
Gauteng 16 Days of Activism Hostel Dwellers & Ward Councillors Outreach
01 131 people
DoJ&CD: Public Education and Awareness
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Province Calendar Event
Type of Event No of Events/ Initiatives
No Reached
Limpopo 16 Days of Activism Community Outreach (JCPS)
01 600 people
NC 16 Days of Activism Door-to-door Campaign against Rape & GBV
80 Unknown
All Provinces - Media Interviews (Radio, TV)
10 11 languages
KZN, Gauteng, Mpumalanga; EC, FS
- Public Exhibitions 06 31 968 people
KZN, Gauteng, Limpopo, Mpumalanga; NW
- Public Service Fairs 05 12 803 people
All provinces - NRSO Media Outreach
04 public information charts in
4 national newspapers
Unknown
TOTAL +134 407 people
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Door-to- Door Campaign
25
Other Depts: Public Education and Awareness
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Department/ Institution
Type of event No of Events No Reached
NPA Public information sessions in all provinces
15 Not reported
DCS Correctional programmes for inmates Not reported 9 233 offenders
DoBE Stop rape campaign; Social Media MXIT Campaign;
Not reported 61 184 learners
Books published include Speak Out: Youth Report Sexual Abuse; I am My Sister’s and Brother’s Keeper- Girls and Boys Movement ClubLearner website: www.speakoutfreely.co.za
DSD Outreach and awareness-raising campaign; Commemoration of the Crime Victims’ Rights Week in NW; Launch of the Child Protection Week; Taking DSD TO Communities campaign
Not reported Not reported
DoH 16 Days of Activism campaign; Youth Commissions facilitated by LoveLifeInformation sessions on sexual offences
Not reported Not reported
MONITORING AND EVALUATION
EC FS GP KZN LIMP MP NW NC WC Total
B/F 4 139 1 584 2 839 4 040 2 063 1 677 2 439 794 3 166 22 741
New 2 618 1 213 3 787 2 682 1 772 1 514 2 273 676 2 774 19 309
Guilty 845 403 839 840 377 312 540 162 816 5 134
N/Guilty 549 64 717 700 384 190 242 134 514 3 694
Other Finalize
13 18 54 90 32 18 19 02 34 280
SOR 233 78 602 188 182 563 200 75 151 2 372
Transfer 118 38 180 176 58 105 33 39 62 809
W/A 114 52 115 135 71 53 96 17 82 735
W/drawn
114 52 115 135 71 53 96 167 1 056 7 321
Other Removed
06 08 13 19 09 06 04 04 07 76
Total disposed
2 745 1 408 3 940 3 433 1 694 1 738 2 141 600 2 722 20 421
Outstand
4 012 1 389 2 686 3 289 2 141 1 453 2 571 870 3 218 21 629
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TOP 1O REPORTED CHARGES: Jan 12 to 31 Mar 2013 Total
number
RAPE (section 3 and 4 of Act 32 of 2007 13 889
Statutory Rape (sections 14,15 and 16 of Act 32 of 2007) 3 412
Attempt to commit a sexual offence (section 55(a) of Act 32 of 2007) 1 616
Sexual assault (section 5 of Act 32 of 2007) 753
Indecent assault (Act 23 of 1957) 395
Sexual assault - compelled self (section 7 of Act 32 of 2007) 57
Aiding; abetting; inducing; inciting; instigating; instructing; commanding;
counselling or procuring another person; to commit a sexual offence (section
55(c) of Act 32 of 2007)
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Abduction (section 13 Act 23 of 1957) 30
Conspiracy to commit a sexual offence (section 55(b) of Act 32 of 2007) 27
Incest (section 12(1) of Act 32 of 2007) 8
INFORMATION AND COMMUNICATION TECHNOLOGY
DoJ&CD:•Integrated Case Management System (ICMS) for NRSO, which keeps records of convicted sex offenders of sexual offences committed against children or victims with mental disability. During this report period 2 792 sex offenders were registered in the system. However, through robust interventions the figure has now increased to 16 072 as at Aug 14.
•ICMS for Sexual Offences which tracks down cases from entry point into the court system until the case is finalized.
•Integrated Justice System (IJS) Cluster integration, which has succeeded to integrate ICMS and SAPS Crime Administration System (CAS) at 21 courts. The project will be progressively rolled out to all courts.
•Closed Circuit TV System: The Dept improved the CCTV into a 2- Way view system to give child witnesses access to the courtroom from the private testifying room
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INFORMATION AND COMMUNICATION TECHNOLOGY
• NPA: Thuthuzela Information Management System (TIMS) is used by NPA to collect data at TCC’s.
• DSD: Developed:– Monitoring and Evaluation Tools for victims of violent crimes, including
sexual offences victims
– Monitoring and Evaluation Tool to assess progress in the implementation of the Act;
– Generic Indicator Set to provide data relating to the number of victims of violent crimes. This system is being utilized at 36 victim services sites.
– Victim Empowerment Information System
• SAPS has a data system to collect statistics on sexual offences. Their statistical report is annually presented in Parliament.
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• Study on the Viability of Using the Cell-phone Game on Sexual Offences to educate
adolescents
• Research on Management of Intermediaries to determine challenges relating to
these services & solution thereof;
• Feasibility Study on the Re-establishment of Sexual Offences Courts. Report is available to
public.
• National Resource Audit in all Regional Courts
• Research on the Use of Anatomically Correct Dolls
• Specialized Services for Victims of Sexual Offences;
• Merger of the National Register for Sex Offenders and the National Child Protection Register
• During the reporting time, the LGBTI Intervention strategy against ‘corrective rape’ is in its
finalization stage of development. However, now it has been finalized and is in the process of
implentation.
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DoJ&CD: RESEARCH INTERVENTIONS
• Study on the Remand, Detainee Offender Management System (RDOMS)
intended to replace the current Admission and Release System. This will also
enable stakeholders to access information on the released sex offenders.
• Conducted an Informative Research-based Profile on sex offenders using data
from 1999 to 2009 from the Management Information System (MIS). This system
will make information on sex offender readily available.
• Established the Draft Victim-Offender Mediation Model. The purpose of the
model is to repair the harm caused by the sex offender and to restore relationships
between the offender, the victim and the community at large.
• DSD & DWCPD: Conducted surveillance study in child protection, AND also a
desktop study on violence against children, in collaboration with the DWCPD
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DCS: RESEARCH INTERVENTIONS
• The uncoordinated One- Stop Victim Support Services Centres (i.e. TCC’S,
Khuseleka One Stop Centres, FCS, etc.) result in the unnecessary duplication of
resources. There is a need for a study to investigate the viability of establishing a
single and coordinated One Stop Victim Support Services Model that will function
to optimize the performance of Sexual Offences Courts;
• The process of compiling the Annual Reports is complex and long due to different
processes of evidence verification used by the reporting stakeholders. There is
therefore a need to review section 65 (3) of the Act either to give stakeholders
more time to compile their Annual Reports or require their Ministers to table their
Reports directly in Parliament;
• The reporting time should be aligned to the PFMA reporting time to ensure that
budget allocations are in accordance with the reporting period.
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LIMITATIONS
• The lack of reliable statistics is exacerbated by the inadequate interconnectivity of
information management systems between the various reporting Departments/
institutions;
• The Trauma Debriefing Programme should be made available to all stakeholders
dealing with cases of sexual violence to minimize or prevent vicarious trauma
• Specialization is key when dealing with cases of sexual offences, and should
therefore be introduced at all service points within the sexual offences value chain;
• There is need for the allocation of dedicated budget for the implementation of the
Act by all reporting stakeholders;
• There is a need for the development of National Monitoring and Evaluation Tool to
determine the efficacy of public education and awareness initiatives.
• A study to determine the average time of finalizing a sexual offences case must be
conducted.
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LIMITATIONS
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• There has been a progressive realisation of the Act in the midst of all the
highlighted challenges;
• The Annual Sexual Offences Indaba hosted by the NPA continues to strengthen
relations and augment collaborations with the civil society;
• The National Council on GBV is expected to provide more political leadership in
the intervention against sexual offences
• The research currently conducted by the IMC on the Root Causes of Violence
against Women and Children is expected to assist the sector in determining the
cause for the existing bridge between paper law and action
• DoJ&CD is in a process of co-opting representations from civil society in the
National Intersectoral Committee on Sexual Offences.
• The Sexual Offences Courts are expected to radically improve response against
sexual violence
CONCLUSIONCONCLUSION
THANK YOU
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