Eastern Cape oversight visit focus areas with provincial stakeholders

Meeting report

The Chairperson, having outlined the agenda for the meeting, requested a mover for the adoption of the agenda.

Ms Z Nkomo (ANC) moved for the adoption of the agenda.

Dr S Thembekwayo (EFF) seconded the adoption of the agenda.

Briefing on the MPWC Action Plan on GBVF
Ms Tembekazi Mpapela, Content Advisor, took the Caucus through its Action Plan on GBVF.

During her briefing, she indicated that plan is informed by the Caucus’ identification of GBVF as a priority focus area. To this, the Caucus has two focus areas: empowering communities on GBVF laws and conducting oversight on the implementation of the GBVF National Strategic Plan (NSP) by various departments.

As part of its visit to the Eastern Cape (EC) starting on July 16, the Caucus plans to conduct oversight on the South African Police Services (SAPS) on the availability of rape kits and DNA backlogs (amongst others); the victim shelters provided by the DoSD; the sexual offences courts; and the Thuthuzela Care Centres provided for by the National Prosecuting Authority (NPA).

(See Presentation)

Discussion

The Chairperson opened the floor for discussion.

The Chairperson was pleased that other Members of the MPWCs in the provincial legislatures will form part of the oversight visits in the EC.

Ms Bukiwe Fanta, EC Legislature and Chairperson of EC MPWC, mentioned that since its inauguration in 2019, the provincial government has been implementing the GBVF Action Plan. In the following week, the Provincial MPWC plans to engage with the women caucuses in the districts on the implementation of the action plan.

She highlighted that young and middle-aged men made up the majority of men committing crimes against women in the province. As such, the provincial government is looking at drafting and adopting a Men's Formation Plan, which will focus on how to involve men in the fight against GBVF.

In addition, she requested that the Caucus visit the province during its planned public participation week.

The Chairperson asked for EC provincial representatives to identify the district and local municipalities that the Caucus should visit. Furthermore, she recommended that they also invite male organised groups that focus on GBVF, to the oversight visit.

Ms Fanta suggested that the Caucus visit the Amathole, Alfred Nzo and OR Tambo Districts, as well as the Nelson Mandela Bay Metropolitan. 

Ms Nomakhosazana Meth, EC MEC for Health, proposed that the Caucus also draft an action plan that will focus on substance abuse, as many perpetrators are under the influence when committing GBVF crimes. She also proposed that the Caucus engage with parents on what can be done to stem the high rates of teenage pregnancy across the country. 

The Chairperson asked which areas in the province substance abuse and teenage pregnancy are prevalent.

MEC Meth mentioned that her department would follow up on the statistics for teenage pregnancies in the province. Further, she requested that the Caucus ask the EC DoSD about the areas in the province where substance abuse is most prevalent.

Ms Flora Maboa-Boltman, Deputy President, SALGA, explained that SALGA has relaunched its women’s caucuses in the province and is now working towards relaunching them in the districts. SALGA has given the EC local municipalities a mandate to ready their structures. She confirmed that the provincial government has indeed been implementing its GBVF Action plan since 2019.

She informed the Caucus that SALGA received an invitation to join prayer sessions on GBVF in Mpumalanga from 2-10 June. These sessions will take place in various churches in the province. Though SALGA was concerned that the churches would not permit the inclusion of the violence against the Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) community in the prayers. She urged for their inclusion, as many members are killed.

Dr Thembekwayo, while indicating that she was pleased with the EC provincial government’s progress in implementing its action plan, recommended that it conduct a Strength, Weakness, Opportunity and Threat (SWOT) analysis. This will ensure that it is able to track the progress and also allow for the MWPC to intervene in any of the issues.

Ms M Hlengwa (IFP) suggested that the DBE be included in the implementation of the GBVF Action Plan. She also recommended that the programme occurs in all the provinces.

Ms Nkomo said that she looked forward to the Caucus’ oversight visit to the EC.

MEC Meth reported that between July and December 2021, EC recorded 9 000 teenagers from ages 14-19 falling pregnant and delivering, with an additional 300 young girls aged 10-14 falling pregnant and delivering – the majority of whom reside in the OR Tambo District Municipality.

Ms Tamara Xhanti, EC Legislature MPL, requested that the provincial and national Departments of Arts, Sports and Culture, Social Development and Health be included in the plan. She proposed that the MPWC look to create awareness of GBVF in the communities through social cohesion programmes.

The Chairperson indicated that all the relevant departments will be invited to assist.

Ms Fanta recommended that the Caucus should prioritise visiting the parole boards in the province. She raised her concern regarding the backlog in sexual offences cases due to the lack of DNA facilities in the EC. All of the province’s DNA testing is done in KwaZulu-Natal and the Western Cape. Previously the MPWC lobbied for the Premier to establish a DNA centre in Gqeberha. She requested that the Caucus look into this matter.

Dr Tembekwayo asked if the Caucus could invite the National House of Traditional Leaders (NHTL) to the oversight visits to ask whether it has monitored the sale of female body parts to traditional healers.

Ms Siza Magangoe, Chief Director: Families, DSD, stated that the DoSD looked forward to the oversight visit in the EC, as it would be able to document the best practice models in certain communities and utilise them in other areas. 

Adv Praise Kambula, Chief Director: Vulnerable Groups, DoJ&CD, welcomed the Caucus’ plans to conduct oversight in the EC and hoped that this would assist in dealing with the multiple challenges on the ground. She explained that since August 2013, the DoJ&CD has established 43 sexual offences courts which function to the model recommended by the Ministerial Advisory Task Team on the Adjudication of Sexual Offences Matters (MATTSO). In 2018 groups of women marched and demanded that these courts be recognised by the legislation. Following this, the President, in 2020, issued a proclamation on the commencement of legislation that establishes dedicated sexual offences courts. The legislation aimed to ensure that these specialised courts have the resources required to support victims of GBV. The DoJ&CD is finalising the designation process for the sexual offences courts to be established in the nine regional court divisions. Once the legislation is gazetted at the end of June 2022, these courts will be operational. 

She indicated that in 2020 the Mthatha Sexual Offences Court ranked 8th in the country on the number of sexual offences cases reported and in 2021 it ranked 6th (and 5 for rape cases). Regional courts in Gqeberha, Zwelitsha and Mdantsane are leading in terms of domestic violence cases reported. 
On the DNA centres, the DoJ&CD has requested SAPS to report to it on its performance in finalising GBV-related cases. In line with this, the department appealed to SAPS to finalise 5000 cases that would be referred to the National Prosecuting Authority (NPA) and it managed to overachieve on this target by finalising 7618 cases. Presently SAPS has six DNA labs, of which only four are capacitated to provide services. SAPS is looking to capacitate the other centres.

Regarding the question of parole, the department has included a provision in the Criminal and Related Matters Amendment Act that requires victims to be informed of and participate in the parole proceedings of the perpetrator. As part of its readiness plan, the DCS is currently amending the National Policy Framework (NPF) on Parole Proceedings. DCS implemented a policy in the previous year which has introduced two programmes: one which focuses on the tracing and preparation of victims, so that they are able to participate in parole proceedings; while the other focuses on victim-offender mediation. Through these programmes, 1765 victims managed to participate in parole proceedings in 2021. Due to the policy’s success, the DoJ&CD has requested that it be incorporated into the NPF for Parole Proceedings.

Ms Fanta asked how often the sexual offence register is updated.

Ms Dibuseng Mongoato, DoJ&CD EC Regional Head, said that the register is updated when an individual is found guilty and there is an order for his or her inclusion. 

Ms Magangoe mentioned that the DoSD works with the Department of Correctional Services (DoCS) on providing victim support services. During their collaboration, they have found that many inmates being considered for parole do not attend the therapeutic programmes related to sexual offences. As such, to promote the rehabilitation of perpetrators, both departments are looking to make these programmes mandatory for inmates incarcerated for committing sexual offences, before they are considered for parole.

Further, the two departments have also proposed that the courts have a tracking system for victims of GBV, so that they can be easily tracked once a perpetrator has been sentenced.

She explained that the EC has a Khuseleka One Stop Centre (KOSC), which involves the collaboration of key departments. This centre, she added, is present in three provinces. In addition, Crisis Centres, which accommodate victims for 72 hours at a time, are also available. Victims are assessed and once an assessment report is completed, they are referred to a larger facility.

She agreed that substance abuse is a significant contributor to the high levels of GBVF in the country. A Drug Master Plan (DMP) has been approved by the DSD, and the Minister has appointed the Central Drug Authority to monitor its implementation in the provinces. 

The Chairperson asked which provinces the centres are in.

Ms Magangwe indicated that the KOSCs are situated in Capricorn District (Limpopo), Vryburg (North West) and Kwano Buhle (EC). Victims are permitted to stay in these centres for six months or longer, depending on the circumstances. In addition, Crisis Centres, which are available to victims for 72 hours at a time, can be found in Gauteng and the Free State.

Ms Hlengwa asked why SAPS had allegedly allowed a man bail, prior to him killing two of his children and his estranged wife.

The Chairperson thanked all Members and officials for their input in the meeting. She expressed hope that the oversight visit on 16 July would be fruitful.

The meeting was adjourned.