UPR Sexual Rights Database

National Report Annex:
FULL IMPLEMENTATION

The Victims' Charter provides redress for victims.

The Domestic Violence Act, 1998 (Act 116 of 1998 provides sanctions against domestic violence.

Key law reforms undertaken to address gender and sexual violence:
• Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007;
• Protection from Harassment Act, 2011 (Act 17 of 2011);
• Prevention and Combating of Trafficking in Persons Act, 2013; and
• Prohibition and Prevention of Torture Act, 2013.
The conviction rate relating to sexual offences in 2014/15 stood at 69%; and in the first quarter 71.1% conviction rate.

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.

The DoJ&CD keeps national statistics of domestic violence matters through the Integrated Case Management System (ICMS). This statistics provides monthly data on all forms of abuse recorded at our courts in terms of the Domestic Violence Act. The ICMS is periodically upgraded to improve data quality.

Since 2013, sexual offences courts were re-established. In the quest to reduce secondary victimization, 55 Thuthuzela Care Centres were established. In 2011 the UN Secretary-General recognised these centres as a “world best practice model” in the field of gender violence management and response. The South African Police Services has established the Family Violence, Child Protection and Sexual Offences Units in order to provide victim friendly services to victims of gender based violence.

The Department of Social Development has trained victim empowerment service providers in all nine provinces. Six Khuseleka One Stop Centres which provide integrated victim empowerment services have been established. The Department established 84 shelters for abused women and 201 white doors (centres of hope) for victims of gender based violence in different provinces.

A 24 hour Gender Based Violence Command Call Centre has been established. The call centre handles 1500 calls a day and these calls are handled by 40 social workers. The centre has won a number of international awards. Our 365 Days Campaign (which grew from the initial 16 Days of Activism for No Violence against Women and Children, held during November/December) has mobilized all sectors of society. This strategy is aimed at mobilizing men and boys to become part of the solution in eradicating violence against women.

FCS investigators receive specialised training in dealing with sexual offences investigations and cases involving children addition to training as investigators. SAPS has developed the Human Rights in Policing Learning Programmes and has been conducting training on same from 1998 to all law enforcement officials.

The SAPS has developed National Instructions on the Domestic Violence Act and the Criminal Law (Sexual Offences and Related Matters) Amendment Act in order to provide clear policy directives for the police in support of members to improve service delivery to victims. The NPA (facilitated by SOCA), in line with Act 32 of 2007 also developed directives for prosecutors on how best to deal with sexual offences in the criminal justice system.

Capacity building and training of the SAPS members is an on-going process commencing in basic training. The SAPS engages in public awareness and education campaigns with the purpose of creating a greater awareness of the relevant legislation and government‘s commitment to eradicating violence.

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.

South Africa has dedicated sexual offences courts. These dedicated services use intermediaries, audio-visual equipment and specialised training, among other measures. The NPA’s Sexual Offences and Community Affairs (SOCA) Unit developed comprehensive training manuals which are updated annually to be in line with the latest developments in law for specialist prosecutors and also an integrated training manual for stakeholders at our TCCs.

Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) provides for the comprehensive process regarding the National Register for Sex Offenders (NRSO). Section 50 (1) (i) of the Act provides for the persons whose names must be included in the NRSO, which will be any person that has been convicted of a sexual offence against a child or a person who is mentally disabled. The aim is to prevent registered sex offenders from working or operating at environments that will expose them to these victims and from becoming foster parents, kinship caregivers, temporary safe caregiver, adoptive parents or curators, unless they receive a clearance certificate from the NRSO.

The Police have training programmes on ensuring the respect of the human rights when conducting investigations, including the issue of sensitivity regarding cases relating to women as victims. The SAPS has a policy which was developed and put into implementation by its National Commissioner to ensure that members render a professional service to victims in respect of the investigation of offences that affect women and to assist victims in this regard. It also provides for information that must be provided to a victim in respect of available services; including HIV testing.

A National Department of Women, located in the Presidency, was established with the necessary dedicated human and financial resources to fulfil its core mandate to ensure effective implementation of initiatives related to the advancement of women and gender equality.

To give effect to the Department’s focus on accelerating women’s socio-economic development and advancement of gender equality through the implementation of gender mainstreaming across government, a refinement of accountability for gender mainstreaming and Gender Focal Points in terms of location, competencies, reporting lines and strategic role in the promotion of gender mainstreaming across the work of government is being tabled at Cabinet. This proposal seeks to reinforce the Constitutional mandate to promote and protect women’s rights, as well as the approach of the National Development Plan on advancing and empowering women. The National Planning Commission Diagnostic Report indicated that many women continue to experience discrimination, poverty, domestic violence, rape, various other forms of abuse and poor health in the country. The approach of gender mainstreaming is seen as significant in addressing the full and effective implementation of legislation, policies and programmes towards redressing these challenges faced by women. Tools that will effectively drive this approach are thus imperative in efforts towards improving the lives of women and their families, and in ensuring that women are empowered, advanced and developed for their own self-reliance.

National Report Annex:
FULL IMPLEMENTATION

In order to improve handling of rape cases by Police the SAPS makes use of specialized investigative units called Family Violence, Child Protection and Sexual Offences Units (FCS). FCS investigators receive specialised training in dealing with sexual offences investigations and cases involving children addition to training as investigators. SAPS has developed the Human Rights in Policing Learning Programmes and has been conducting training on same from 1998 to all law enforcement officials.

The SAPS has developed National Instructions on the Domestic Violence Act and the Criminal Law (Sexual Offences and Related Matters) Amendment Act in order to provide clear policy directives for the police in support of members to improve service delivery to victims. The NPA (facilitated by SOCA), in line with Act 32 of 2007 also developed directives for prosecutors on how best to deal with sexual offences in the criminal justice system.

Capacity building and training of the SAPS members is an on-going process commencing in basic training. The SAPS engages in public awareness and education campaigns with the purpose of creating a greater awareness of the relevant legislation and government‘s commitment to eradicating violence.

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.

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.

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.

South Africa has dedicated sexual offences courts. These dedicated services use intermediaries, audio-visual equipment and specialised training, among other measures. The NPA’s Sexual Offences and Community Affairs (SOCA) Unit developed comprehensive training manuals which are updated annually to be in line with the latest developments in law for specialist prosecutors and also an integrated training manual for stakeholders at our TCCs.

Stakeholder Summary:
Para 69) JS6 indicated that despite efforts made, studies continued to note persistent problems with the police management of cases of sexual offences including refusal to accept rape complaints.