In the wake of passing new legislation that promises to strengthen the criminal justice system and strengthen existing provisions around gender-based violence (GBV), President Cyril Ramaphosa said on Monday that survivors of GBV must not be further traumatised by the legal system.

Last week Ramaphosa signed into law the Criminal Law (Sexual Offences and Related Matters) Amendment Act, the Criminal and Related Matters Amendment Bill and the Domestic Violence Amendment Bill.

The Criminal Law (Sexual Offences and Related Matters) Amendment Act says sexual offences against persons who are mentally disabled must be recorded in the National Register of Sex Offenders and those convicted of sex crimes against children or mentally disabled people and have been sentenced to terms longer than 18 months can only apply to have their names removed from the register after 20 years.

The Criminal and Related Matters Amendment Act will allow courts to provide an intermediary to examine minors, disabled people or the elderly in court proceedings and also allows for the extended use of evidence via an audio-visual link.

Bail for suspects charged with the rape and murder of women and children will be opposed by the State,

“A prosecutor who does not oppose bail in designated cases must have their reasons placed on record. The court must consider any threats of violence made against the complainant and the complainant’s view of their own safety. Unless the court is satisfied that exceptional circumstances exist that warrant release on bail, bail must be denied,” Ramaphosa explained.

The Domestic Violence Amendment Act has expanded the criteria for protection order applications. Courts can also immediately issue protection order in situations of imminent danger against a complainant.

Further, courts must issue protection orders against those on bail and charged with domestic violence after holding an enquiry.

“When the court issues a protection order it must at the same time authorise the issuing of an arrest warrant, suspended, that must be provided to the South African Police Service (SAPS). If a SAPS member suspects a complainant is in danger due to breach of the order, they must arrest the respondent immediately,” Ramaphosa stated.

Elderly victims of domestic violence are also protected under the new law and complainants can now apply for protection orders online. Courts also have the power to issue Safety Monitoring Notices, which will require a SAPS member to be in constant contact with complainants without the knowledge of the abuser.

SAPS members who fail to help victims of domestic violence at police stations will be found guilty of misconduct.

Further, any adult with knowledge or suspicions of violence against women and children are required by law to report to the police.

“We must educate those suffering in silence about their rights and how to exercise them. Let us use these laws to empower and protect women and children and ensure that those responsible are held accountable. Leaving an abusive relationship is never easy. But as the government, we have promised to provide the legal protection and support an abused person needs for themselves, their children and those close to them,” Ramaphosa said.

He added that while the new laws were a step in the right direction, it did not prevent violence and abuse from happening. He urged all South Africans to help end the violence.