Do not be a bystander to gender based violence and femicide

Monday, December 9, 2024

Deputy Minister of Justice and Constitutional Development, Andries Nel, has urged communities to not stand idly by while gender-based violence, femicide and crimes against children are committed.

Nel was delivering remarks at the official launch the Mthatha Sexual Offences Court in the Eastern Cape this week.

Last month, police statistics revealed that between July and September this year, some 957 women were murdered with at least 1567 being victims of attempted murder.

Children were not safe either with 315 murdered over the same period.

“These are not just mere figures, but the dearly loved ones of families. As we commemorate the international 16 Days of Activism for No Violence against Women and Children, we need to collectively find ways to end this scourge,” Nel said.

The deputy minister highlighted that Section 54 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act No 32 of 2007 imposes a “legal obligation on any person who has knowledge that a sex crime has been committed against a child or person with mental disability to report such knowledge to the police”.

“What this means is that in South Africa bystandarism is now a crime. A failure to [report] becomes a punishable offence. For an example, it is now a crime to fail to report to authorities a pregnancy of your neighbour’s 12-year old daughter. GBVF will not end until we ALL act against it. 

“Likewise, section 2B of the Domestic Violence Act of 1998 also criminalises  bystandarism in domestic violence perpetrated or suspected to be perpetrated against children, persons with disabilities and older persons. According to this law, domestic violence is not and has never been a family matter. We are all obliged to report it to social workers or police,” he said.

Cracking down on sexual offences

During the release of crime statistics last month, it was also revealed that more than 10 000 rape and 1839 sexual assault cases were reported to the police between July and September this year.

Reflecting on the prosecution of sexual offences and how the process affects the victims, the deputy minister said the launch of the Mthatha Sexual Offences Court, “provides a continuum of victim-support services from the entry to the exit point of the court system”.

“Survivors wait in private rooms, away from the glaring eyes of other court users. They receive court preparation service so as to make them emotionally ready to testify. Children, older persons and persons with certain disabilities may testify in a private with an assistance of a trained intermediary.

“It is also possible for a traumatized survivor to testify in a private testifying room to avoid the physical contact with the accused person.

“The National Strategic Plan to End GBVF requires the Department to provide a national spread of these courts, particularly in communities that are highly infested with sexual violence. This court is therefore one of the 19 sexual offences courts that the Department has established in this financial year,” he said.

Nel revealed during the last financial year, the National Prosecuting Authority increased the conviction rate “from 77.1% to 78% in all sexual offences matters channelled through the Thuthuzela Care Centres and a 72.5% conviction rate by all regional courts nationally”.

“During the same period, 221 life imprisonment sentences were imposed in all sex crimes finalised with a verdict and processed through the Thuthuzela Care Centres.

“Through this launch, we are sending a message to rapists out there that our law has been tightened to catch and keep them behind bars for a long time. The justice system has zero tolerance for sex offenders,” he said.

The deputy minister once again urged all citizens to stand up and be counted in the fight against GBVF and child abuse.

“I urge that we all take a stand and be agents of change in our families, communities, workplaces and business environments. We must be individually accountable and act against GBVF.

“No one should be denied the enjoyment of human rights and fundamental freedoms,” Nel concluded. – SAnews.gov.za