The Commission for Gender Equality (CGE) welcomes the provisional suspension of the Acting Regional Magistrate Kholeka Bodlani in Umlazi, KwaZulu-Natal. The CGE believes this suspension by the Minister of Justice and Correctional Services, Mr. Ronald Ozzy Lamola of Acting Regional Magistrate Bodlani on the advice of the Magistrate Commission is a sign that our judicial system is self-correcting.
Although, the CGE respects the rule of law, the CGE has through its court and media monitoring processes observed the leniency in handing down of sentences by some of the Magistrates and Judges to the perpetrators of gender -based violence (GBV).
Magistrates and Judges play a crucial role in eradicating the scourge of GBV in South Africa. In a country where GBV and other related atrocities are rife, survivors should not feel that justice system has failed them. Decisions by the courts should be rational and take into consideration the prevalence of GBV and its effects on survivors. Acting Regional Magistrate Bodlani’s judgements particularly in rape cases were insensitive in nature and undermined the dignity and trauma experienced by survivors of GBV.
The CGE, although satisfied with the move by Minister Lamola, will keenly await the outcome of the investigation by the Magistrate Commission. Whilst, the CGE respects the independency of the judiciary, this suspension should be seen as a lesson by other Magistrates and Judges to act with sensitivity when presiding over with GBV and other gender related cases.
The Commission for Gender Equality report on Lack of Gender Transformation in the Judiciary has recommended that the should be specialised training for Magistrates, Judges, Prosecutors, Court Interpreters, etc in order to deal with sensitive cases of gender-based violence. This has also been echoed by Chief Justice Mogoeng Mogoeng for such training to take place. This, the Commission believes will help in having consistencies by the judicial system in addressing GBV cases.
Underneath is the link to the Commission for Gender equality’s investigative report on the Lack of gender transformation in the Judiciary.
Contact Person:
Javu Baloyi
Cell: 083 579 3306
