Parliament, Wednesday 1 September 2021 – The National Council of Provinces (NCOP) today passed the Gender-Based Violence Bills- Criminal and Related Matters, Amendment Bill, Domestic Violence Amendment Bill and the Criminal Law (Sexual Offences and Related Matters) Amendment Bill.
The three Bills were introduced in Parliament following a November 2018 presidential summit against Gender-Based Violence and Femicide (GBVF). The summit resolved, amongst others, to fast track the review of existing laws and policies on gender-based violence, making them victim-centred, ensure all other relevant laws respond to GBV, revisit and fast track all outstanding laws and bills that relate to GBVF.
The Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill proposes amendments to the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, being one of several legislative measures identified to strengthen South Africa's response to GBVF, in particular the legislation regulating the National Register for Sex Offenders (NRSO).
Among other things, the Bill aims 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 and to expand the list of persons who are to be protected to include other vulnerable persons, namely, certain young women, persons with physical, mental, sensory or intellectual disabilities and persons over 60 years of age who, for example, receive community-based care and support services, and increase the periods for which a sex offender's particulars must remain on the NRSO before they can be removed from the register. The Bill further proposes to expand the ambit of the crime of incest and introduces a new offence of sexual intimidation.
The purpose of the Domestic Violence Amendment Bill is to amend the Domestic Violence Act 116 of 1998 to, amongst others, further provide for how acts of domestic violence and matters related thereto must be dealt with by certain functionaries, persons and Government departments; and further, regulate obtaining of protection orders in response to acts of domestic violence.
The Criminal and Related Matters Amendment Bill aims to amend four Acts, namely the Magistrates' Courts Act 32 of 1944, the Criminal Procedure Act 51 0f 1977, the Criminal Law Amendment Act 85 of 1997 and the Superior Courts Act 7 of 2013. The Bill's purpose is to amend the Magistrates' Courts Act to provide for the appointment of intermediaries and the giving of evidence through intermediaries in proceedings other than criminal proceedings; amend the Criminal Procedure Act to further regulate the granting and cancellation of bail and the right of a complainant in a domestic-related offence to participate in parole proceedings; amend the Criminal Law Amendment Act to further regulate sentences in respect of offences that have been committed against vulnerable persons; amend the Superior Courts Act to provide for the appointment of intermediaries and the giving of evidence through intermediaries in proceedings other than criminal proceedings.
The House passed two of the Bills- Domestic Violence Amendment Bill and Criminal Law (Sexual Offences and Related Matters) Amendment Bill with amendments. The two Bills will now be sent back to the National Assembly.
The Criminal and Related Matters Amendment Bill will now be sent to the President for assent.
At the same sitting, the NCOP adopted the report of the Select Committee on Health and Social Services on the filling of vacancies for the National Youth Development Agency (NYDA) Board.
The names of the 17 recommended candidates, also approved by the National Assembly yesterday, are:
Ms Karabo Mohale
Mr Molaoli Sekake
Mr Mihlali Pedro Mzileni
Mr Lukhona Afika Mnguni
Ms Paballo Ponoane
Mr Kutloano Esau Rakosa
Mr Micarlo Malan
Mr Avela Mjajubana
Ms Lebogang Mulaisi
Mr Thabo Shingange
Ms Alexandria Syrah Procter
Mr Thulisa Ndlela
Ms Asanda Luwaca
Ms Busisiwe Cathrine Seabe
Ms Nomcebo Nkosi (Person with a disability)
Ms Nompumelelo Mpatha
Ms Pearl Pillay
The names of the recommended candidates will now be sent to the President for the appointment.
Meanwhile, during its sitting today, the National Assembly agreed to the request for approval of the International Labour Organisation (ILO) Convention No190 concerning the Elimination of Violence and Harassment in the World of Work in terms of section 231(2) of The Constitution.
ILO Convention No 190 is the first international treaty to recognise the right of everyone to a world of work free from violence and harassment, including gender-based violence. Governments that ratify the Convention will be required to put in place the necessary laws and policy measures to prevent and address violence and harassment in the world of work. The Convention represents a historic opportunity to shape a future of work based on dignity and respect for all.
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