The sentencing of a man to an effective 15 years in jail for attempted murder of his wife, and an additional 5 years for kidnapping, by a Hammanskraal Magistrate Court is a welcome step that could signal the willingness of the judicial system to combat gender based violence. The Commission for Gender Equality (CGE) has been concerned with a string of cases of violence against women which are taking too long to be prosecuted and finalised.
The case of Margaret Madileng of Hammanskraal, Patricia Motsoane in the North West and Zoliswa Nkonyana of Western Cape are just a few among thousands of cases where victims of gender based brutality have had to endure systemic delays while waiting for justice to be served. Margaret Madileng waited for 7 years for the Temba Magistrates Court to deliver justice for her.
While we are pleased that justice has finally been served in this case, the Commission’s Court Monitoring processes over the past two years have revealed mounting frustration as the justice system continues to be plagued by deeply embedded systemic constraints such as poor investigative capacity by the police, absence of crucial witnesses leading to cases collapsing due to lack of evidence, frequent changes of prosecutorial teams, failure to set court dates on time and many other factors.
The Commission is aware of the laudable policies, procedures and legislative frameworks put in place by the Department of Justice to ensure an effective administration of justice. Yet these systemic constraints continue to undermine the laudable policy intentions that we all agree to.
The Commission therefore intends to meet with the Ministry of Justice and Correctional Services to address some of these systemic challenges in the administration of justice for victims of gender based violence.
Contact:
Javu Baloyi
Tel: 083 579 3306
