Speech by Hon Michael Masutha, MP, Minister of Justice and Correctional Services on the occasion of the launch Sexual Offences Court in Schweizer-Reneke Magistrates Court
Program Director
Honourable Premier Supra Mahumapelo
Judge President Leeuw
Executive Mayor of Dr Ruth Segomotsi-Mompati District Municipality Councillor Tladinyane
Executive Mayor of Mamusa Local Municipality Councillor A Motswana
Regional Court President Ms Seka Monaledi
Chief Magistrate Ms JJ Ikaneng
Magistrates present
Members of legal profession
Senior officials from other government departments
Distinguished guests
Ladies and gentlemen.
The first President of a democratic South Africa, the late Nelson Mandela once said “It is my deepest conviction that the children should be seen and heard as our most treasured assets. They are not ours to be used or abused but to be loved and nurtured and encouraged to engage in life to the full extent of their being, free from fear”. In his book ‘Scars of Beauty”, renowned poet and novelist Michael Bassey Johnson wrote that “Young girls are like helpless children in the hands of amorous men, whatever is said to them is true and whatever manipulation on their bodies seems like love to them, sooner or later, they come back to their senses, but the scars are not dead inasmuch as her spoiler lives.” As we commemorate Mandela’s birthday this month in a bid to sustain his legacy of selflessness, as the ANC government we remain resolute in turning the victims into survivors. As Correctional Services we have consciously chosen to refer to victims as the offended for their constitutionally entrenched rights have been violated in a manner that leaves much to be desired and we endeavour to instil courage in them by avoiding use of the word victim.
Today’s august occasion is a demonstration of the ANC government’s commitment to establishing Sexual Offences Courts as a strategy to combat sexual violence, especially against women and children who bear the disproportionate brunt of these forms of crime.
Program Director,
Allow me to talk about the genesis of this event. In June 2012, a Ministerial Advisory Task Team led by Adv Kambula who gave a good presentation earlier was established with a mandate was to investigate the re-establishment of Sexual Offences Courts. As a result of this investigation, our department accepted the recommendation which advocated for the re-establishment of these courts. In 2013/14 the Department committed itself to establish 57 Sexual Offences Courts which are closest to the Sexual Offences Model and to thereafter continue to gradually and progressively establish additional Sexual Offences Courts.
On the 23 August 2013, the first Sexual Offences Court was opened in Butterworth in the Eastern Cape. 12 Sexual Offences Courts are targeted for completion during this financial year. A total of 6 courts have been upgraded into Sexual Offences Courts. The over achievement is as a result of the fact that a number of additional courts were in the process of upgrading during 2014/2015 over and above the target set in terms of the Medium Term Strategic Framework. The following courts have already been upgraded during the current financial year; Johannesburg with 3 courtrooms; Mankwe, here in the North West with 1 courtroom; Eestehoek in Mpumalanga with 1 court room and Atlantis in the Western Cape with1 court room.
Honourable Premier,
I am advised that hardly a week after the launch of the 1st sexual offences court in Butterworth, a serial rapist who had been terrorising the community for over 4 years was convicted and sentenced to 25 life terms for the murders and rape of over 23 elderly women and children. This clearly demonstrates the efficiency of these dedicated courts and aggressive stance adopted by police, prosecutors and judiciary, and this is commendable Judge President Leeuw.
This court will serve the community of Schweitzer Reneke which is a small town but also serves the communities of Mamusa, Migdol, Glaudina, Amalia and other farming communities around it. I am encouraged that this court serves mainly rural communities as a significant factor highlighting our efforts of ensuring that there is equitable delivery of services for both rural and urban based areas. We are a government that listens to its people hence this intervention as we cannot allow criminals to be a menace to society.
Jaaka re le puso ya batho, re fa bomme le bana ditshwanelo tsa bone le setshaba ka kakaretso, gape re be re sireletse bana le bomme kgatlhanong le bona ba ba gatakang ditshwanelo tsa bone.
It is important to speak of sexual offences as a form of gender based violence and human rights abuse as it deprives women and children the various rights and freedoms provided in our Constitution and other international instruments. It is our obligation as government to put in place measurers to strongly condemn these violations in defence of our democracy.
Our investigative processes have established the extent at which criminals have become advanced in their efforts to frustrate prosecution by destroying evidence using more violent means such as killings and burning of victims. It is the gruesome nature of these crimes that has compelled me, particularly, to take a reflective moment to support my departments’ policy on how this scourge needs to be dealt with. We are determined to protect our citizens from sexual violence as a matter of urgency and the stark reality that this is a fundamental responsibility bestowed on government by our democracy and our Constitution.
The Department of Justice and Constitutional Development has enacted various measures to deal with all forms of gender based violence including sexual offences. Some of the progressive legislations include the Domestic Violence Act 116 of 1998; Older Persons Act 13 of 2006, Children’s Act 38 of 2008, Criminal Law (Sexual Offences and Related Matters) Amendment Act No. 32, 2007 and the Prevention and Combating of Trafficking in Persons Act 7 2013. In addition to these Acts, President Zuma assented the Judicial Matters Second Amendment Act No. 43 of 2013 in January 2014 to enable me, in consultation with the Chief Justice and the Judiciary, to designate certain courts for the purposes of dealing with sexual offences and related matters.
Ladies and gentlemen,
The re-establishment of this Sexual Offences Court aims to provide victim support services in a bid to eliminate secondary victimisation of complainants in sexual offences. This will also ensure that sexual offences trials are dealt with speedily, especially those involving children, and that the investigation and prosecution of the sexual offences is effective and strengthened through the cooperation between stakeholders. This cooperation will be fostered through the consultative processes that will be forged between role-players in the upgrading of these courts and in their re-establishment. The cooperation is forged through the requirement for the establishment of the National, Provincial and Local Re-establishment Committees which does not only oversee the upgrading of the courts but is also be responsible for monitoring their functioning and effectiveness.
The department and role player departments and institutions provide specialised services to minimise secondary victimisation of vulnerable groups including victims of sexual offences like the Thuthuzela Care Centres which provide services to victims of sexual offences under the auspices of the National Prosecuting Authority but mainly located within hospitals in structures provided by the Department of Health. Khusela One Stop centres which were established and managed by the Department of Social Development provide services to victims of gender based violence.
Civil Society Organisations work closely with role player departments and other institutions in providing essential services in court. Their services include provision of intermediary social workers, trauma counselling and in some instances legal advice and or support to victims. We are grateful to these partners for the services they continue to pride.
Conclusion
I would like to share our success in respect of sexual violence cases which is contained in our Annual Report on the Implementation of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 for the last financial year. The overall sexual offences verdict indicates improved conviction rates. Of the 6 165 cases finalised with a verdict, 3 887 (63%) cases were finalised with a guilty verdict. As compared to the previous financial year, the conviction rate has increased from 59,6% to 63%. This rise can be attributed to the re-introduction of the sexual offences courts, which provides Specialised Services on sexual abuse cases.
To the team that continues to make us proud in their tireless efforts of ensuring our justice system works as a well-oiled machinery, I urge you to be courageous with the ability to move from hurdle to hurdle without losing enthusiasm.
I thank you.
