1. 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

2. PART 1 OF THE PRESENTATION

3. 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

4. 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.

5. 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

6. 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.

7. PART 2 OF THE PRESENTATION

8. 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.

9. 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.

10. 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

11. 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

12. 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

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

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

15. 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.

16. 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.

17. 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

18. THREE PILLARS: RESOURCES PILLAR

19. 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.

20. 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

21. 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.

22. Thank you. 22 22