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

2. 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

3. 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.

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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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