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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

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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