Ramaphosa issues proclamation on dedicated sexual offences courts
President Cyril Ramaphosa had issued a proclamation to start legislation that would establish dedicated sexual offences courts, his spokesperson said on Thursday.
"The joint effort by government and civil society against gender-based violence and femicide (GBVF) has received a significant impetus with the commencement on January 31, 2020 of the Judicial Matters Second Amendment Act which provides for the establishment of courts dedicated to matters related to sexual offences," said Khusela Diko.
The Judicial Matters Second Amendment Act of 2013 (Act No. 43 of 2013) and Sections 35 and 38 of the Judicial Matters Amendment Act, 2017 (Act No. 8 of 2017) provide for specialised courts that deal exclusively with bail applications, plea proceedings, trials or sentencing in criminal matters that entail sexual offences. The commencement of the legislation does not apply to Section 4 of the Judicial Matters Second Amendment Act of 2013 (Act No. 43 of 2013).
The new legislation provides for the courts to have certain facilities and measures in place to render services that would better protect complainants, enhance the quality of prosecutions and evidence to be given in sexual offence cases and minimise secondary trauma for complainants.
Diko said the focused services were intended to make it easier for complainants to report offences and to give evidence in trials, as a means of deterring potential offenders from breaking the law.
"The commencement of the legislation is a significant development in the context of the government’s implementation – in partnership with civil society – of the Emergency Action Plan on GBVF, and the fulfilment of the National Strategic Plan on GBVF."
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