Roundtable on Empowerment and Rights of Women, Children and Elderly focuses on Gender Based Violence

During his welcome address at the National Council of Provinces (NCOP) roundtable on empowerment and the rights of women, children and the elderly, NCOP Chairperson Mahlangu said that vulnerable groups needs the protection of the primary institution of law making, namely parliament.

Mahlangu added that although the “law is good, implementation is lacking”, particularly with regards to the Domestic Violence Act. He said that while some people still don’t understand they have a right to report cases, and even when they do they are often treated poorly at police stations.

NCOP Deputy Chairperson Memela added that there was a problem around missing dockets that hindered successful prosecution of domestic violence cases. Memela added that she was also very concerned about the escalated violence against the LGBTI community, that “the trafficking of young girls remains a huge challenge” and that she was pleased the Traditional Courts bill was not passed as it would have “pushed back women’s rights by 100 years ... women must be treated as first citizens and not underdogs”.

Vuyiseka Dubula, from Sonke Gender Justice (Sonke), one of the civil society organisations invited to speak at the roundtable, told MPs that since 1994 South Africa had passed progressive legislation including the Choice on Termination of Pregnancy Act and the amended Sexual Offences Act, which aims to create an offenders' register.

Dubula went on to make a case for a National Strategic Plan for Gender Based Violence (GBV) similar to the one in place for HIV/Aids. She highlighted a number of frightening statistics, including the Medical Research Council's report that 46% of sexually active young women in KZN claim they have been coerced into sex, and nationally 1 in 25 women fear reporting rape cases “due to stigma, lack of faith in the justice system and secondary victimisation”. She added that there was a 70% conviction rate for rape cases . Sonke wants to see a clear vision for ending GBV by addressing the social and structural drivers of women and child violence, but stressed this this must be based on a multi-sectoral approach and will require political leadership and will.

“One day of mourning Anene Booysen and 16 days of Activism are not enough... we need to work towards prevention through public awareness campaigns, school programmes, community care workers programmes, survivor support, legal services and the implementation of the Firearms Control Act, Domestic Violence Act, and Sexual Offences Act” said Dubula.

Dubula ended her presentation by saying that a National Strategic Plan for Gender Based Violence would cost an estimated R2 billion per anum.

Next to speak, Ms Monakali from Ilitha Labanthu spoke of her concern about the murder and rape of elderly being on the rise, and added that the abuse and violence they suffer is often at the hands of their own children and grandchildren. She mentioned a recent case of an 82 year old women who was raped and killed, adding “If (this) happens in central Cape Town then you know about it... if it happens in Khayelitsha or Gugulethu no one seems to care”. NCOP MP Tau, during the time set aside for a focussed discussion on the presentations, said: “If today we still have a magistrate who can say to a complainant of domestic violence that this is a domestic, not a criminal matter, then we have a big problem”.

Tau added that the Fifth Parliament need to focus on the implementers of the law, namely the prosecutors, police and magistrates and furthermore that”we need to put systems in place to monitor this”.

In the third session of the roundtable, a representative from the Department of Women, Children and People with Disabilities, on behalf of the Minister, told MPs that a Council for Gender Based Violence has been set up to develop a 5-year plan to reduce incidents of GBV, that a government funded prevention plan will be rolled out soon and that a Cabinet Inter-Ministerial Committee has also been set up to look at the root causes of GBV.

The Department of Justice spoke of the successes it has had with prosecuting GBV and child abuse cases since the re-opening of the Sexual Offences Courts, as well as the importance of the Thuthuzela care centres, one-stop facilities where survivors of rape can report their cases and receive adequate health care and access to social services.