NGOs and MPs highlight inequality in access to justice within vulnerable groups

Civil society organisations and MPs, during a recent Roundtable on empowerment and the rights of women, children and the elderly, highlighted, during the general discussion of the issues, a more nuanced problem of how, within vulnerable groups, there were differing abilities to access justice. They noted unequal access to justice afforded to women, children, and LGBTI persons, within different socio-economic groupings, which in turn led to a discussion on the need to engage in the societal and economic differences.

Ms Mandisa Monakali, the CEO of Ilitha Labanthu, stated that often when victims of justice sought judicial resolutions to their problems they were often disappointed, which left many within areas such as Khayelitsha with little faith in the justice system. She said that often, when police officers were called to address instances of gender based violence, they would either not show up at the scene of the crime, or fail to take any positive steps to address the situation, further hindering the women’s access to justice. Magistrates and courts were not available to people outside of hours.

The notion of unequal access to justice was mirrored by the Sonke Gender Justice presentation, given by Ms Vuyiseka Dubula, who noted that black African women remained the lowest paid workers within the country and that rural women were the most affected, especially within Limpopo and the Eastern Cape. She also noted that a major problem was faced by women who lived below the poverty line. Sonke Gender Justice urged those present to ensure that the WEGE Bill address the structural issues behind Gender-Based Violence, including issues of economic disparity amongst vulnerable women.

Another issue was highlighted of women who were married in terms of customary law (which spoke to cultural differences as well as economic), but who later found that these marriages had not been registered by the husband, despite the Recognition of Customary Marriages Act of 1998. This left the women economically vulnerable. Ms Monakali further argued that Gender Based Violence could not be separated from issues of apartheid, and that those women already “abused and raped by the regime” still had not had justice served to them.

The level of awareness of such inequality within government realms was raised when Ms Monakali stated that she was sure that ‘Members did not know’ of the cases of which she had spoken because there was a general lack of societal (and media) awareness on instances of GBV within township areas.

ANC MP Busisiwe Mncube mirrored her concern that government may not be aware of the instances, questioning if perhaps the government had been too limited in reaching out to communities. She asked if enough had been done to ensure that the ordinary man and woman on the street understood the legislation, showing further the possible disconnect between those who most needed the protection of the legislation and the legislation itself.

Ms Rachel Rasmeni, Chairperson of the Select Committee on Women, Children and People with Disabilities, echoed these sentiments, saying that she had spoken to women on the ground who had argued that these policies and discussion were 'for elite women’. She had been asked by these women how the gains made in legislation translated into positive results for the ordinary women of South Africa.

According to Rasmeni, “modern technologies and interaction did not always speak to the average person or communities and there was a need to actually go into communities”. She said “the ANC had put forth the idea of ‘street committees’ that allowed policy to reach people in poor areas”. “Although this was a move in the right direction, the question remained whether such interventions were sufficient or formed a good enough basis to move forward when addressing the matter”.

These concerns may need to be addressed by the incoming Parliament, to check whether, as good as the legislation may appear on paper, it is actually reaching the most vulnerable people, and whether it is incorrect to assume that all vulnerable groups must be treated equally. These concerns would seem to indicate that many people actually find themselves isolated from truly effective interventions.