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NATIONAL ASSEMBLYÂ
QUESTION FOR WRITTEN REPLY
PARLIAMENTARY QUESTION NO.: 1282
DATE OF QUESTION: 18 APRIL 2011
1282. Mrs D A Schäfer (DA) to ask the Minister of Justice and
Constitutional Development:
(1)Â Â Â Â Â Â Whether, since the National Prosecuting Authorityâs 2010-11
annual report, there has been a decrease in the number of Sexual
Offences Courts; if not, what is the position in this regard; if so,
what is the number in this regard;
(2)Â Â Â Â Â Â whether he intends to conduct an investigation into the
efficiency of specialised Sexual Offences Courts; if not, why not; if
so, what are the relevant details;
(3) Â Â Â Â Â whether he intends to increase the number of such courts to
combat sexual crimes; if not, why not; if so, what are relevant
details?     Â
NW1365E
REPLY:-
1) It is presumed that the Honourable Member is referring to the National
Prosecuting Authorityâs 2009/10 Annual Report, as the 2010/11 Annual
Report has not yet been released. The 2009/10 Annual Report of the
National Prosecuting Authority indicates, under the heading âSexual
Offences and Community Affairs (SOCA)â, that there were 42 âdedicated
courtsâ, for 2009/10. Â This needs to be placed in proper context.Â
Firstly, it needs to be pointed out that there are no âSexual Offences
Courtsâ, or âspecialised Sexual Offences Courtsâ as such, in the
hierarchy of courts in South Africa. Â These are normal magistrates
courts (on regional court level) that have been provided with
additional infrastructure (such as audio-visual aids, including CCTV
equipment/rooms with one-way mirrors, through which victims, especially
children, can testify) and additional staff (including intermediaries
appointed to assist children in terms of Section 170A of the Criminal
Procedure Act, 1977, Act 51 of 1977, and Court Preparation Officers to
assist children). Where required, assistance with training in dealing
with such cases was also provided. Â The aim of the additional
assistance is to decrease the possibility of secondary victimization of
all victims appearing in such courts. Â These courts are thus normal
magistrate courts but dedicated to deal with a specific crime category
that requires particular assistance (such as equipment or additional
prosecutors etc) that is not normally required for all courts. These
courts have consequently colloquially become known as âsexual offences
courtsâ, though they also deal with other cases. Another example of
such courts is the dedicated commercial crime courts.
Secondly, as they are normal magistrate courts, their number can and
will change when circumstances change. It should be noted that the
Department (in line with the requirements for specific infrastructural
services and staffing outlined in the Sexual Offences Blue Print,
developed several years ago inter-sectorally for roll-out in all the
Courts dealing with sexual offences matters) has adopted an approach
that entails that all those additional resources required to assist in
dealing with sexual offences matters should in fact be provided at all
regional courts and not just some courts. Â This is because, by law, any
criminal regional court can deal with sexual offences matters as well
as any other matter within its jurisdiction. The various Regional
Courts Presidents have also adopted an approach that sexual offences
matters should preferably be spread over all the court rolls. Â If this
approach was not followed, the situation could arise that if only
certain courts deal with sexual offences and its roll for the day is
completed, they cannot deal with any other matters. Regional Court
Magistrates and other court staff in courts dealing mainly with such
cases have also complained of being traumatised by dealing only with
such cases day after day with no break and no alternation of other
matters.Â
The aim is thus the capacitation of all relevant courts in general
through such resources and a movement away from having only a few
courts that have such resources and which are then typified as
specialist sexual offences courts. Â In order to address the general
need to deal with such cases through specific resources, including CCTV
cameras, one-way glass mirrors, witness testifying rooms, anatomically
correct dolls and intermediaries, my Department has consequently
continued to roll-out the provision of such resources to all main court
centres country-wide. Â In this regard it may be of interest to note
that 130 intermediaries have been appointed and trained country-wide to
provide services in the courts. Â In addition, 397 social workers have
been trained to also provide intermediary services and are available on
an ad hoc basis to the regional courts. The current data in respect of
the procurement of infrastructure resources in the courts indicate that
there are now 335 courtrooms with CCTV cameras, 49 courtrooms with one-
way mirror-glass and 239 witness-testifying rooms that are used
specifically for those courts handling sexual offences and matters
involving children. All these courts are thus, to some extent or
another, dedicated courts to deal with sexual offences matters.
2) An investigation into the efficiency of specialised Sexual Offences
Courts is not required at present as the efficiency of the criminal
justice system, including the courts, in dealing with sexual offences
is the regular subject of discussions at the Directors-General Inter-
sectoral Committee on the Management of Sexual Offences, that was
established in line with the provisions of the Criminal Law (Sexual
Offences and Related Matters) Amendment Act, 2007 as well as the
Justice Crime Prevention and Security Cluster sub-committee meetings.Â
3) Please see the responses under question 1.