Submissions on the 2013/14 Annual Report: Department of Justice and Constitutional Development 16 October 2014

Outline In this brief submission the WLC will highlight the following considerations relevant to the 2013/14 Annual Report: Measures put in place in 2013/14 to deal with sexual offences Further considerations in relation to gender-based violence Progress in improvement of the maintenance system in 2013/14

General comments Concerned that the annual report does not recognise GBV as a major concern challenging the country, and the resulting challenges women and girls are facing in accessing justice. The establishment of court infrastructure is a major step, but research has shown system is failing women. How does the Department engage with its clients/users of the courts, and how is progress measured? Targets low, primarily process orientated, as opposed to drawing on client/user experience.

Dealing with sexual offences Sexual Offences Courts Importance of Amendment Act and regulations NB infrastructure and resources Conviction rates 66.7% Must be contextualised Thuthuzela Care Centres Proven success models Lack of information on spending and roll-out

Other aspects of GBV Domestic violence and harassment Progress in relation to domestic violence prevention and services appears to be limited. Aside from Justice College training on the subject , there is no further indication of the achievements and challenges faced by domestic violence courts, or any significant investment in improving services. No detail provided as to the successes and challenges of the implementation of the new Protection from Harassment Act, aside form a general statement that “numerous” victims are making use of it. Very few court officials have been trained The same over-worked and under-resourced services and staff that deal domestic violence interdicts are the ones dealing with the new Protection from Harassment interdicts Research and experience have shown that these services are already under severe pressure

Other aspects of GBV Training National Task Team No gender sensitivity training Source of many client complaints Gender not limited to women – LGBTI issues Low training targets National Task Team LGBTI Task Team only now finalised its TOR While delays continue, continue to see lesbians raped and murdered Hate Speech Bill is over-due at this stage Project 107on adult sex work Must be prioritised – outstanding since 2009 Persistent lack of satisfactory response to PAIA application

Other aspects of GBV Training National Task Team No gender sensitivity training Source of many client complaints Gender not limited to women – LGBTI issues Low training targets National Task Team LGBTI Task Team only now finalised its TOR While delays continue, continue to see lesbians raped and murdered Hate Speech Bill is long over due at this stage Project 107on adult sex work Must be prioritised – outstanding since 2009 Persistent lack of satisfactory response to PAIA application

Progress in maintenance Commend the Department on introducing the EFT system for maintenance payments Challenges based on lived realities of women still unaddressed Locating respondents and defaulters Provision of accurate financial information Proper service of documents Maintenance Turnaround Project to reflect more of the end-user/client experience, to be truly responsive

Thanks to the Committee for the opportunity Conclusion Importance of constitutional responsibility of the State to respect, protect, promote and fulfil the rights of citizens set out in the Bill of Rights, “and to deliver services to the citizenry commensurate with their hopes and aspirations”. Thanks to the Committee for the opportunity

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