Address by the Minister of Justice and Correctional Services, the Hon TM Masutha, MP (Adv), at the launch of the Sexual Offences Court, Atlantis, Western Cape
Programme Director
National Director of Public Prosecutions, Adv Shaun Abrahams
The Regional Head of the Western Cape, Adv Mohamed
Representatives from civil society
Representatives from other government departments,
Ladies and gentlemen
Our country’s National Development Plan (NDP) paints a picture of how we want our country to be by 2030: "People living in South Africa feel safe at home, at school and at work, and enjoy a community life free of fear. Women should be able to walk freely in the street and children should be able to play safely outside."
The central theme which underlies much of the work of the Department of Justice and Constitutional is to ensure that that “All people in SA, are and feel safe”.
The improvement in investigations, conviction rates and the imposition of harsher sentences has contributed in general bring down levels of crime. It is important that the community has trust in the criminal justice system. Crime reduction and crime deterrence can be closely linked to the certainty that a criminal offender will be arrested, prosecuted, convicted and sentenced to an appropriate sentence.
We are here today with the people of Atlantis to launch a new Sexual Offences Court. So why do we need special courts for sexual offences? We need specialised courts because sexual offences are more difficult to prosecute for a number of reasons. Often the victim is a young child, or the perpetrator is someone who is known to the victim, also victims are too afraid to even report the crime.
Lisa Vetten, writing for the ISS in November 2014, documents the reasons why persons fail to report sexual offences.
Some of the reasons include, fear of not being believed or being accused of lying, feelings of shame, guilt, humiliation and embarrassment, problems of physical access to police or social workers, fear of retaliation or intimidation by the offender, especially when combined with uncertainty that the court process will result in a conviction. It also includes fear of intimidating nature of court proceedings and the fear of having to relive the trauma in court and during the investigation.
In August 2013 the Ministerial Advisory Committee on the Adjudication of Sexual Offences Matters (MATSO) submitted to the former Minister of Justice and Constitutional Development a Report which recommended the upgrading of 57 regional courts into sexual offences courts over a period of 3 years.
Since August 2013, the DoJ&CD has established 43 sexual offences court which function to the model recommended by MATSO. We strive to deliver victim-centred services. In the quest to reduce secondary victimization, Thuthuzela Care Centres (TCCs) were established. There are currently 55 TCC sites providing dedicated services to victims of sexual violence, of which 50 can be regarded as fully operational compared to the 38 sites of the previous financial year.
Dedicated and experienced prosecutors have been appointed to deal with matters at these courts. The conviction rate relating to sexual offences has also increased and in the first quarter of 2015/16, the NPA has indicated a 71,1% conviction rate. The good performance within this indicator is due to a multi-disciplinary approach followed by newly established provincial structures with stakeholders from the Legal Aid South Africa, South African Police Service (SAPS) and Department of Health..
As you also know, we launched the 16 Days of Activism for No Violence against Women and Children on 25 November. Yet, despite these efforts by government and civil society, shocking incidents of violence and horrific cases of neglect and abuse of women and children still take place in our own country and around the world.
This is not the world we promised to our children. This is not the vision the NDP outlines for our country by 2030. Often women and children experience violence by the very people who are supposed to care for them or protect them, husbands, fathers, brothers and intimate partners. Many victims will say that while the physical scars may heal, the emotional scars do not.
Ladies and gentlemen,
Government cares for the people of Atlantis.
I am pleased to note that my colleague, the Deputy Minister of Basic Education officially opened the new Wesfleur Primary School in Atlantis recently, as part of the Accelerated Schools Infrastructure Delivery Initiative. The school features 33 new classrooms with the Grade R centre catering for 199 learners in 6 specialised classrooms. There are also art and music rooms at the school for learners to develop their talents.
The people of Atlantis now also have a new Sexual Offences Court. We need you to spread the word that justice services are available to the people of Atlantis.
We need to teach our children to speak out against woman and child abuse. Encourage female victims to talk about abuse and ensure that they get help. Report women and child abuse to the police. Encourage children to report bulling behavior to their parents and school authorities. Seek help if you are emotionally, physically or sexually abusive to your partner and/or your children. Call the Stop Gender Based Violence helpline (0800 150 150). Talk to friends, relatives and colleagues to take a stand against abuse of women and children.
Changing the world is possible – and the change must start in our homes, in our communities, in the way we teach our children. In order to create safer communities and a safer country, government has to rely on the support of civil society. Only through partnerships can we hope to address crime and ensure our people are and feel safe.
I thank you.
