Government has been lauded for the introduction of technology in the new anti-gender-based violence (GBV) Bills introduced to help strengthen the fight against the scourge.
Last Friday, president Cyril Ramaphosa signed into law three anti-GBV Bills aimed at stepping up efforts to protect women, children and survivors of GBV, and improving their chances of receiving justice.
The amendment Bills were first introduced in Parliament in 2020, following public demand for government to take GBV cases seriously, particularly after the rape and murder of University of Cape Town student Uyinene Mrwetyana in August 2019.
The Bills are the Criminal and Related Matters Amendment Bill, Criminal Law (Sexual Offences and Related Matters) Amendment Bill and the Domestic Violence Amendment Bill.
Among key changes in the Bills, is that protection order applications can now be submitted online 24 hours a day.
The laws also allow the giving of evidence in court proceedings through an audio or virtual/visual link, with the assistance of intermediaries in the matter.
Another key amendment is the increased periods for which a sex offender’s personal details must remain on the National Register for Sex Offenders (NRSO), before they can be removed from the online register.
The NRSO gives employers in the public or private sectors such as schools, crèches and hospitals the right to check that a person being hired has not previously committed acts of GBV.
“The new Criminal and Related Matters Amendment Act protects the vulnerable from secondary victimisation by allowing courts to appoint intermediaries through which a minor, a disabled person or an elderly person can be examined in proceedings,” said Ramaphosa in his weekly newsletter this week.
“It also allows for the extended use of evidence by means of an audio-visual link. This helps to shield a witness against harm, prevent unreasonable delays and save costs in proceedings.
“We have also responded to calls to tighten up the management of the NRSO. Those who have been convicted of sex crimes against children or mentally disabled persons or have previous convictions in this respect, and have been sentenced to terms longer than 18 months, can only apply to have their names removed from the register after 20 years.”
SA’s GBV statistics are reportedly significantly higher than the global average.
According to Statistics South Africa’s 2020 report, titled “Crimes Against Women in South Africa”, during the period 2018 to 2019, almost 50% of the assaults against women came at the hands of someone close to the victims – 22% were committed by a friend or an acquaintance, 15.2% by a spouse or intimate partner, and 12.6% by a relative or household member.
Making progress
Commenting on the new anti-GBV Bills, civil rights organisation Action Society’s GBV spokesperson Kelly Baloyi says while the new laws are long overdue, “these amendments are a step in the right direction”.
“Online protection orders are very important because they enable easier accessibility. This allows any survivor of gender-based violence to complete the entire application process in the comfort of their home, and the waiting period has been cut down significantly.
“This also means the applicant won’t experience re-victimisation from police officers when applying for a protection order at the police station. This immediacy contributes to saving lives faster,” she points out.
Another major legislative change introduced in the Bill is the expansion of the scope of the NRSO to include the personal details of all sex offenders and not only sex offenders against children and persons who are mentally disabled.
“The expansion of the scope of the NRSO means the probability of perpetrators getting away with these heinous crimes is now lowered. With women as old as 80 years of age being raped, this is a very important move because it protects a larger number of people who are victims of sexual violence. So all types of sexual offenders are included into the NRSO. We encourage companies, and especially schools, to make sure they check this list before employing anybody,” adds Baloyi.
In May last year, the Durban Point Magistrate’s Court became the first court in SA to introduce an online protection order application. The pilot project was run in preparation of the rollout of a comprehensive version throughout the country. The Ministry of Justice and Correctional Services said at the time that it is intensifying the use of ICT as a strategic enabler and a mechanism to improve access to justice services.
In future, the department noted, it would ensure “the serving of court processes like summons, which traditionally are served physically by the police and sheriffs, will now be able to be served electronically to the parties, and services such as maintenance, and expungement of criminal records services, will also be accessible to citizens through digital platforms, thus freeing up time to focus on service delivery priorities”.
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