Department of Justice and Constitutional Development 21 June 2011 Briefing by the Department of Justice and Constitutional Development on the National Policy Framework: Sexual Offences in terms of Section 62 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No 32 of 2007) Department of Justice and Constitutional Development 21 June 2011 1

PART 1 OF THE PRESENTATION

EXECUTIVE SUMMARY The Criminal Law (Sexual Offences and Related Matters) Amendment Act was promulgated on 16 December 2007 The Act seeks to address the prevalent proportions of sexual violence in our country It provides for the adoption of the National Policy Framework (NPF) to guide the implementation of the Act It also puts emphasis on the intersectoral management of the sexual offences matters by the JCPS Cluster Departments and Institutions

EXECUTIVE SUMMARY: GOVERNANCE STRUCTURES The Act provides for the establishment of the Intersectoral Committee on the management of sexual offences matters consisting of the DGs/ National Commissioners of the: Department of Justice and Constitutional Development, as the chair of the Committee; Department of Health; Department of Social Development; Department of Correctional Services; South African Police Service; and National Prosecuting Authority. The Department of Women, Children and People with Disabilities is a co-opted member. Other governance structures in managing sexual offences are the Operational Intersectoral Committee (OP ISC) which provides technical support to the DG ISC and the Interdepartmental Committee for the establishment and management of the National Register for Sex Offenders.

PART 1 : FINAL REMARKS A detailed presentation on the NPF will follow next. It will highlight the principles intended to guide the implementation of the Act. It is worth-noting that this NPF is the result of a series of reviews, modifications and amendments by the governance structures tasked with its development. However, it is by no means an all-compassing document, but the first expression leading to a more comprehensive framework that will be informed by the progressive experiences derived from the continued implementation of the Act

PART 1: FINAL REMARKS At this stage, may I extend my sincere gratitude to the Directors-General Intersectoral Committee for the strategic support and guidance in the development of the NPF. My further appreciation goes to the various Departments and the Non-governmental Organisations for their consistent and unwavering commitment in bringing this process to this stage. Lastly, I wish to thank this Committee for affording the Intersectoral Committee an opportunity to deliberate on this policy framework.

PART 2 OF THE PRESENTATION

OVERVIEW OF THE NPF The NPF is segmented into three sections: SECTION A: provides for the background of the NPF, which also highlights the Roles and Responsibilities of the Departments or Institutions tasked with the implementation of the NPF SECTION B: outlines the overall framework which sets out the Governance Framework and the Oversight Framework - anchored by three (3) Pillars (Coordination, Service Delivery and the Resources pillars) SECTION C: focuses on the implementation of the NPF and encompasses all planned activities in a coordinated manner.

SECTION A: THE BACKGROUND The Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) (the Act) came into operation in December 2007. Sections 62 prescribes for the adoption of the NPF for the management of sexual offences matters in terms of the Act. This framework is essentially a mechanism to collectively guide the government departments and other role-players in the coordinated implementation, enforcement and administration of the Act. However, it may be considered as a high level impression of a guiding document that may require a more simplified approach in the future.

SECTION A: ROLES AND RESPONSIBILITIES The NPF details the roles and responsibilities of the following role-players, as articulated by the Act: Parliament Intersectoral Committee: Directors-General Department of Justice and Constitutional Development South African Police Service Department of Health National Prosecuting Authority Department of Social Development Department of Correctional Services GCIS Civil Society Organisations

SECTION B: PRINCIPLES OF THE NPF PRINCIPLE 1: Adoption of the Therapeutic Approach to Sexual Offences It is a therapeutic approach that focuses on the emotional and psychological well-being of the victim. It requires an ethic of care and high level of interpersonal skills from the service providers to ensure that the effects of trauma and related consequences on the victim are properly addressed PRINCIPLE 2: Provision of Specialised Services to Victims of Sexual It emphasises on the provision of specialised services, particularly the psycho-social, medico-legal and legal support services to respond to the special needs of the victims It also affirms the provisions of Chapter 5 of the Act that require the provision of services for victims relating to Post Exposure Prophylaxis

SECTION B: PRINCIPLES OF THE NPF PRINCIPLE 3: Equal Access to Services and Equitable Provision of Services It puts emphasis on the equal access to services by victims It requires the equitable provision of services to victims, particularly to those living in rural areas and informal settlements, as well as victims of marginalised groups. PRINCIPLE 4: Adoption of a Multi-disciplinary and Intersectoral Response to Sexual Offences This principle promotes the coordinated approach to the implementation of the Act by the role-players to ensure, among other things, an improved and more structured referral system that minimises the incidence of secondary victimisation

COMPONENTS OF THE FRAMEWORK Governance Framework The three pillars (Coordination, Services Delivery and Resources) Oversight (Monitoring and Evaluation) Framework

The Segmentation of the Components of the NPF Description Purpose Policy Statement Values of the particular component Outcome

GOVERNANCE FRAMEWORK Governance Framework It outlines the intersectoral structures that are tasked with service delivery and monitoring and evaluation of the implementation of the Act at national, provincial and local levels. The DGs Intersectoral Committee plays an oversight role over all these governing bodies.

THREE PILLARS: COORDINATION PILLAR It refers to collective efforts of all the implementing departments and Institutions to ensure the effective achievements of the objectives of the Act. It encourages joint planning, coordinated budgeting and service delivery as well as the joint monitoring and evaluation of the implementation process.

THREE PILLARS: SERVICE DELIVERY PILLAR SAPS Efficient and effective policing DOH Effective and efficient medical services DSD Effective and efficient psycho - social and victim support services DOJCD Effective and efficient legal services NPA Effective and efficient prosecutions DCS Effective and efficient rehabilitation and restorative services

THREE PILLARS: RESOURCES PILLAR

OVERSIGHT FRAMEWORK (MONITORING AND EVALUATION) Involves the collection of data to effectively track and measure the implementation of the pillars. Monitoring must - Enable the assessment of internal efforts on actual performance against what was planned and expected Enable tracking of progress made in the implementation of the Act Ensure compliance with obligations set out in the Act and the NPF Enhance the early identification of challenges and the development of interventions that respond to these challenges. Evaluation: Determines the effectiveness, efficiency and sustainability of the interventions related to the three (3) pillars. Evaluation must - Be qualitative and quantitative Provide impartial outcomes and recommendations.

SECTION C:GUIDE TO THE IMPLEMENTATION It requires the development of the 5 year Interdepartmental plans by the intersectoral governance structures. This implementation plan must be used in conjunction with the Monitoring and Evaluation Tool and the Reporting Matrix to ensure that strategic areas agreed upon are implemented by the departments. This section provides for: ANNEXURE A: Governance Structure ANNEXURE B: Interdepartmental plans ANNEXURE C: Monitoring and Evaluation Tool

POSSIBLE REVIEW OF THE NPF Shortly after the tabling of the NPF, DOJ&CD received a letter from the Commission on Gender Equality(CGE) outlining complaints from NGOs regarding the inadequate consultative process in the finalisation of the NPF DOJ&CD is currently engaging with CGE and Tshwaranang Legal Advocacy Centre to address the concerns raised by NGOs A task team that has the representation of the Operational Intersectoral Committee and leading NGOs will be set up to ensure proper consultation on the document.

Thank you. 22 22