×

We've got news for you.

Register on SowetanLIVE at no cost to receive newsletters, read exclusive articles & more.
Register now

New rules for sexual offences courts

Chief Justice Mogeong Mogoeng. Picture Credit: Gallo Images
Chief Justice Mogeong Mogoeng. Picture Credit: Gallo Images

Judges, magistrates, prosecutors police officers and other court officials will not be allowed to work in the newly re-established sexual offences courts unless they undergo specialised training.

New regulations now require Chief Justice Mogoeng Mogoeng, the Magistrates Commission, directors of public prosecutions and senior court officials to ensure that people working with sexual offences cases have sufficient experience to deal with such cases and receive training.

The training must be registered with the SA Qualifications Authority and judges' training will be developed by the SA Judicial Education Institute, while the Justice College must develop a training manual for interpreters working in sexual offences cases.

The regulations, published by the Justice Department, will also require the heads of the various courts to compile reports every six months to identify patterns, if any, in the sentences imposed and make these patterns available to judges and magistrates under their control to ensure consistency in sentencing of rapists and abusers.

Sonke Gender Justice spokesman Mbuyiselo Botha welcomed the proposed training of presiding officers, prosecutors and other court officials, saying the letter of the law was as important as its spirit.

"We have seen survivors being re-victimised when they are in court or at police stations to report cases," he said.

Botha said the move was critical in re-establishing confidence in the criminal justice system.

In 2013, a ministerial advisory task team on the adjudication of sexual offences matters chaired by Justice Department chief director for promotion of the rights of vulnerable groups advocate Praise Kambula recommended that specialised sexual offences courts be re-established.

Since 2013, 39 regional courts have been upgraded into sexual offences courts across South Africa.

Several organisations including the UN Committee on the Convention on the Elimination of Discrimination against Women severely criticised the government for the closure of sexual offences courts, recognised as an international best practice.

The ministerial advisory task team found that in some parts of South Africa referral rates of cases to the prosecution declined by at least 40% and conviction rates dropped by at least 20% between 2004 and 2010 following the closure of sexual offences courts.

sidimbal@sowetan.co.za

Would you like to comment on this article?
Register (it's quick and free) or sign in now.

Speech Bubbles

Please read our Comment Policy before commenting.