South Africa’s plans to address the scourge of gender-based violence (GBV) today received a boost when three pieces of legislation were discussed in the Portfolio Committee on Justice and Correctional Services.
The committee was briefed on the Sexual Offences and Related Matters Amendment Bill, the Criminal and Related Matters Amendment Bill, and the Domestic Violence Amendment Bill.
The committee heard that the amendments of Bills originate from the President’s commitment in to address the scourge of GBV and femicide that have reached endemic proportions in South Africa.
Acting Committee Chairperson, Mr Qubudile Dyantyi, assured the committee that the Bills will be published for public comment after which public hearings would follow. “We urged the department to build the relevant capacity in anticipation of the implementation of the legislation.”
The Sexual Offences and Related Matters Amendment Bill introduces, among other things, a new offence of sexual intimidation to protect persons from threats of imminent sexual harm. It further aims to extend the ambit of the offence of incest so as to provide additional protection to children, as well as extending the reporting duty of persons who suspect that sexual offences have been or are being committed against children.
In terms of the National Register for Sex Offenders (NRSO), the committee heard that the proposed amendments in the Bill aim to expand the scope of the NRSO to include the particulars of all sex offenders and not only sex offenders against children and persons who are mentally disabled, expand the ambit to include other vulnerable persons, namely, female persons between the ages of 18 and 25, persons with physical, intellectual or mental disabilities, and persons 60 years of age or older who, for example, receive community based care and support services, as well as increase the periods for which a sex offender’s particulars must remain on the NRSO before they can be removed.
The Domestic Violence Amendment Bill seeks to optimise collaboration between departments in order to streamline the provision of services within existing mandates. It makes provision for a secure online application for a protection order.
The committee heard that the Criminal and Related Matters Amendment Bill makes provision for evidence through intermediaries as it is seen as an effective procedure to protect witnesses or complainants against victimisation during court proceedings. It also provides for the use of audiovisual link which ensures for the availability of witnesses, whether inside or outside the country, in court proceedings.
The Bill further seeks to include evidence in the form of demonstrations, gestures or any other form of non-verbal expression in respect of a witness who suffers from a condition which inhibits the ability of that witness to give his or her evidence orally. In relation to bail in GBV matters, the proposed amendments aim to address several shortcomings in the Act, especially in relation to the release on bail by the South African Police Service or a public prosecutor before the person’s first appearance before a court.
Committee member, Mr Steve Swart, said passing legislation against GBV is of national importance. Ms Nomathemba Maseko-Jele, another committee member sharply raised the matter of implementation of legislation passed by Parliament. Ms Maseko-Jele said the committee must come up with a strategy to follow up on how legislation is implemented in order to see good results.
By Rajaa Azzakani
1 September 2020
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