Speaker, it pleases me to confirm that we will indeed be reinstating the sexual offences courts.
As we speak, the DGs in the Justice, Crime Prevention and Security Cluster are developing an integrated programme to take forward the work of the task team that was established to look into the establishment of sexual offences courts, as well as the lesbian, gay, bisexual, transsexual and intersex offences courts, the family violence, child protection and sexual offences units, and any other intervention initiated by the cluster departments and the judiciary.
These courts will be established and operate in line with the revised sexual offences court model. It is envisaged that 58 courts will during the first six months of the new financial year, beginning in April, be fully functional in terms of this revised model. We shall make further announcements during the course of the year. Allow me to also take this opportunity to indicate that this will begin as from 1 April 2013 when we make these announcements.
Allow me to remind hon members as well that March is Human Rights Month. We should urge all members to carry the message that the President issued last week when he was launching the Stop Rape Campaign that is spearheaded by the Department of Basic Education and Leads SA, when he said, and I quote:
No woman or child should be beaten, raped, stabbed, shot or attacked in any manner anywhere in our country, whether by known or unknown attackers.
Section 12 of the Constitution states that:
(2) Everyone has the right to bodily and psychological integrity, which includes the right - ...
(b) to security in and control over their body;
Let's respect these rights. Thank you. [Applause.]
Speaker, I thank the hon Minister. Could he tell us, after that very welcome announcement, what amount of the 2013-14 budget the Ministry has planned or is planning to allocate to these courts?
Speaker, I don't have the figures in front of me, but the mere fact that we will be opening 58 of these dedicated courts indicates that there is some money in the budget in order to ensure that we implement what we have decided.
Thank you, Speaker. Hon Minister, thank you for the announcement, which we as the ACDP fully support.
Arising from your response, let me say that there has been reluctance from magistrates to sit in specialist sexual offences courts, as they find it emotionally draining. I'm sure you will agree that all those involved in the prosecution of sexual offences, whether it be the prosecutors, detectives or social workers, experience similar emotions. Obviously, the victims of sexual offences also have to experience the secondary trauma of having to give evidence, in addition to the trauma of the sexual offence itself.
How do you propose to encourage magistrates - obviously respecting the principle of the separation of powers - to serve in such courts, because, as we know, the rate of conviction is much higher? Thank you, Speaker.
Thank you, Mr Speaker. As you have correctly pointed out, hon member, it is not only presiding officers who are traumatised by these cases. In the first instance it is the victims themselves, their families, and their next of kin, but it is also the prosecutors, interpreters, and all those people who are involved in the court process. So, it is not an exceptional issue which affects only the presiding officers.
I have had discussions with the Chief Justice and the heads of court to ensure that everybody is conscious that these dedicated courts are necessary. This is because during the pilot phase it was reflected in research that when there were these dedicated courts the conviction rate went up, but when we stopped them the conviction rate went down.
It doesn't mean that the conviction rate is not increasing in South Africa. I have some statistics here which indicate that during the past financial year the Sexual Offences Unit secured over 363 life sentences, with a conviction rate of 73%.
I am assured that with this revised model everybody will be on board to ensure that the scourge of sexual assaults against women and children is dealt with very firmly and with harsh sentences. Thank you.
Somlomo, ngicela ukuqala ngokuthi ngibonge uNgqongqoshe ngempendulo asinike yona mayelana nokwakhiwa kwalezi zinkantolo, ikakhulukazi esikhathini samanje lapho sesibona khona kubhebhetheka izehlakalo zokuhlukumeza ngokocansi.
Engifuna ukukubuza-ke Ngqongqoshe ukuthi ngabe lezi zinkantolo zizosiza ngani ekutheni izinkubele ziqine idolo, zikwazi ukuphumela obala zibike amacala afana nalawa? Kanti futhi ingabe lokhu kuyosiza yini ukuthi kungahambi ngonyawo lonwabu ukuthethwa kwalawa macala ukuze omama nezingane bakwazi ukuphumela obala ukulwisana nalokhu, Mthimkhulu? [Ihlombe.]
UNGQONGQOSHE WEZOBULUNGISWA NOKUTHUTHUKISWA KOMTHETHOSISEKELO: Phini likaSomlomo, angibonge kuBaba uSibanyoni. Njengoba bese ngichazile ukuthi lezi zinkantolo yizona ezizokwenza ukuthi lezi zigilamkhuba zazi ukuthi uma zenza lento embi kubantu besifazane nasezinganeni zizobhadla ejele.
Yingakho-ke thina sithi: Hhayi! Le ndaba yokuqeda lezi zigwegwe ngeke iqedwe, ikakhulukazi, amaphoyisa, amajaji, nezimantshi kepha yonke imiphakathi kufanele ibe nemikhankaso yokuchazela imiphakathi kanye nemindeni ukuthi laba bantu abadlwengula izingane nomama abacetshwe emaphoyiseni.
Okusho ukuthi ngamanye amazwi-ke, uma sonke thina kanye nathi sonke lapha ePhalamende, singaya emahhovisi ethu eziko labavoti siliqhube leli vangeli lokuthi laba bantu abakhishwe emiphakathini esihlala kuyona. Uma senza zonke lezi zinto nomthetho-ke uyokwazi ukuthi uhambe ngendlela eya phambili. Ngiyabonga. (Translation of isiZulu paragraphs follows.)
[Mr J B SIBANYONI: Speaker, I would like to first thank the Minister for the response with regard to the building of these courts, especially now that incidents of rape are escalating.
What I would like to know, Minister, is: How are these courts going to assist in supporting these victims so that they are able to come out and report such cases? And is this also going to help in speeding up the trials so that the women and children can come out in order to fight this, Mthimkhulu [Clan name]? [Applause.]
Deputy Speaker, thank you Mr Sibanyoni. I have explained that these courts will send a message to criminals that if they perpetrate such heinous crimes against women and children, they will rot in jail.
That is why we are saying: No! This scourge will not be eradicated, especially, by police, judges, and magistrates. All the communities must have campaigns to encourage communities and families to report these crimes of rape of women and children to the police.
In other words, we and everybody here in Parliament should go back to our offices and constituencies and spread the word that these people must be removed from our communities. If we all do these things, the law will be able to operate smoothly moving forward. Thank you.]
Madam Deputy Speaker, I just want to apologise that I erroneously pressed Mr Singh's thing. [Laughter.]
That's terrible! [Laughter.]
Madam Deputy Speaker, I would like to ask the Minister whether his department currently has the necessary human resources skills base available to properly staff the sexual offences courts, or whether he will need to embark on a national recruitment campaign to staff these courts?
Madam Deputy Speaker, hon members are aware that all the government departments have had "haircuts". The Department of Justice and Constitutional Development has also had a "haircut" of about R1,4 billion for the next three years. Therefore, resources are always a challenge.
However, within the means at our disposal we will put forward all our best endeavours to ensure that these courts forge ahead without a hitch.
As you know, there is other infrastructure that is geared to assisting our efforts to eradicate this scourge from our society. We have the Thuthuzela Care Centres, which also play a critical role. Currently we have established about 52 of these centres throughout South Africa, which indicates that we as a government are dealing with this issue seriously.
However, as I say, the main issue is that resources are limited, but we will put forward our best endeavours to ensure that we leave no stone unturned in dealing very firmly with the culprits. Thank you.
Particulars regarding SAPS training programme at Tshwane Academy
48. Mr L Ramatlakane (Cope) asked the Minister of Police:
(1) Whether the Tshwane Training Institution or Academy is part of the SA Police Service, SAPS programme of training approximately 1 800 constables in the past two years; if not, what is the position in this regard; if so, (a) how many trainees are undergoing such training, (b) how are they treated, (c) how many times are they allowed to visit their families, (d) what type of contract was signed with each of the trainees, (e) when are they graduating and (f) what (i) type and (ii) conditions of accommodation are provided;
(2) whether he is aware of the abuse that is taking place at the academy; if not, why not; if so, what are the relevant details?