NOTES FOR BRIEFING OF THE PORTFOLIO COMMITTEE ON JUSTICE BY DEPUTY MINISTER OF JUSTICE
DR MANTO TSHABALALA-MSIMANG
DATE: MONDAY, FEBRUARY, 22, 1999
1. INTRODUCTION
CHAIRPERSON, HONOURABLE MEMBERS, LADIES AND GENTLEMEN
IT IS WITH A MIXTURE OF EXCITEMENT AND AWE THAT I STAND BEFORE YOU ON THE EVE OF THE END OF THE END OF OUR FIRST TERM AS A FULLY DEMOCRATICALLY ELECTED GOVERNMENT BASED ON THE EQUALITY AND FREEDOM FOR ALL, IN THIS COUNTRY.
ABOUT THE SAME TIME LAST YEAR, WE STOOD BEFORE YOU AND REPORTED ON OUR ACHIEVEMENTS DURING THE FISCAL YEAR 1997/8. DURING THE BRIEFING, WE ALSO OUTLINED THE CHALLENGES WE WERE STILL FACING AND GAVE A NUMBER OF UNDERTAKINGS REGARDING HOW WE PROPOSED TO TACKLE THOSE CHALLENGES IN THE YEAR 1998/9.
IN MY LAST BRIEFING, I CONFINED MYSELF TO THOSE MATTERS THAT MINISTER OMAR, HAS DELEGATED TO ME. I PROPOSE TO DO THE SAME TODAY. THESE INCLUDE:-
MATTERS RELATING TO WOMEN AND GENDER
MATTERS RELATING TO CHILDREN AND THE JUSTICE SYSTEM
VICTIM SUPPORT AND EMPOWERMENT
HIV /AIDS INITIATIVES
THE PROCESS OF DEVELOPING A NATIONAL ACTION PLAN ON HUMAN RIGHTS AND COMMEMORATION OF THE 50TH ANNIVERSARY OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
MATTERS RELATING TO CERTAIN STATUTORY APPOINTMENTS (SHERIFFS, JUSTICES OF THE PEACE, COMMISSIONERS TO THE SMALL CLAIMS COURT, ETC.)
I PROPOSE TO HUMBLY TAKE YOU THROUGH WHAT I BELIEVE TO BE OUR KEY ACHIEVEMENTS IN THE PAST YEAR UNDER EACH OF THIS AREAS. I WILL ALSO INDICATE CONTINUING CHALLENGES AND HOW WE PROPOSE TO DEAL WITH SUCH CHALLENGES DURING THE NEXT FISCAL YEAR. I PROMISE TO BE BRIEF.
2. WOMEN AND GENDER
OUR KEY ACHIEVEMENTS IN REGARD TO GENDER HAVE BEEN IN THE FOLLOWING SEVEN AREAS:-
A. FINALISATION OF THE GENDER POLICY
I AM HAPPY TO REPORT THAT WE HAVE SINCE FINALISED OUR GENDER POLICY STATEMENT. THE POLICY STATEMENT WILL BE PRESENTED TO CABINET (NEXT WEEK), FOR APPROVAL.
THE POLICY RESTS ON THREE PILLARS NAMELY,
Service Delivery and the Legal system
Employment Opportunities and Decision Making
Institutional Transformation and Monitoring
IN ADDITION TO STATING OUR NEW POLICIES UNDER EACH OF THESE PILLARS, WE HAVE ALSO INDICATED A BRIEF PROGRAMME OF ACTION TO IMPLEMENT OUR POLICY COMMITMENTS. THE PROGRAMME OF ACTION IS BASED ON PRIORITY CHANGES IDENTIFIED DURING THE EXTENSIVE CONSULTATIONS ON THE GENDER POLICY.
THOSE AREAS WHERE THERE IS NO CLEAR CONSENSUS OR ADEQUATE INFORMATION HAVE BEEN REFLECTED IN THE PROGRAMME OF ACTION AS A PRIORITY RESEARCH AGENDA.
SOME OF THE POLICY ISSUES WHICH HAD BEEN ARTICULATED IN THE DRAFT GENDER POLICY CONSIDERATIONS, HAVE SINCE BEEN IMPLEMENTED THROUGH LEGISLATION AND ADMINISTRATIVE INTERVENTIONS.
B. SUSTAINING AND STRENGTHENING THE CAMPAIGN ON VIOLENCE AGAINST WOMEN AND CHILDREN
IN OUR LAST BRIEFING OF THIS COMMITTEE, WE MENTIONED OUR INTENTION TO UNDERTAKE A NUMBER OF ACTIVITIES TO SUSTAIN THE CAMPAIGN ON VIOLENCE AGAINST WOMEN AND CHILDREN. SOME OF THESE MEASURES INCLUDE THE FOLLOWING:-
DURING MARCH 1998 A SADC CONFERENCE ON VIOLENCE AGAINST WOMEN TOOK PLACE IN DURBAN. IT WAS ATTENDED BY MINISTERS OF JUSTICE AND WOMEN’S AFFAIRS FROM VIRTUALLY ALL SADC COUNTRIES.
THE PARTICIPANTS ADOPTED A DECLARATION ON THE PREVENTION AND ERADICATION OF VIOLENCE AGAINST WOMEN AND CHILDREN. THEY ALSO APPROVED A PROGRESS AND ACCOUNTABILITY FRAMEWORK AS MONITORING TOOL TO FACILITATE THE IMPLEMENTATION OF THE DECLARATION.
SADC HEADS OF STATE SUBSEQUENTLY MET IN MAURITIUS - SEPTEMBER, 1998, WHERE THEY FORMALLY ADOPTED THE DECLARATION AS AN ADDENDUM TO AN EXISTING DECLARATION ON GENDER AND DEVELOPMENT.
OUR PROGRAMME OF ACTION IN REGARD TO THE IMPLEMENTATION OF THE DECLARATION IS CAPTURED IN THE GENDER POLICY STATEMENT I REFERRED TO EARLIER.
IN NOVEMBER, 1998, MY DEPARTMENT CONVENED A NATIONAL CONFERENCE OF COMMITMENTS WHERE ALL GOVERNMENT DEPARTMENTS WERE REQUIRED TO COMMIT THEMSELVES TO SPECIFIC ACTION THEY INTENDED TO UNDERTAKE WITHIN THEIR AREAS OF RESPONSIBILITY, TO IMPLEMENT THE DECLARATION IN THIS COUNTRY. THE NGO SECTOR WAS ALSO INVITED AND REQUESTED TO INDICATE THEIR INTENDED PROGRAMME OF ACTION. THE OUTCOME OF THIS CONFERENCE CONSTITUTES A MAJOR BUILDING BLOCK TOWARDS AN INTEGRATED RESPONSE TO VIOLENCE AGAINST WOMEN.
THE CONFERENCE OF COMMITMENTS WAS PART OF A SIXTEEN DAY INTENSIVE CAMPAIGN ON VIOLENCE AGAINST WOMEN BASED ON THE KEY THEMES IN THE DECLARATION. WE TERMED THIS CAMPAIGN "16 DAYS OF ACTIVISM ON NO VIOLENCE AGAINST WOMEN". PROVINCES, PARA-STATALS AND LOCAL GOVERNMENT INSTITUTIONS, WERE ALSO DRAWN INTO THE CAMPAIGN. FOR OUR PART AS THE DEPARTMENT OF JUSTICE, OUR LAST ACTIVITY IN REGARD TO THE CAMPAIGN TOOK PLACE LAST FRIDAY: 19 FEBRUARY, 1999. WE GATHERED AT THE JOHANNESBURG PARKS STATION TO WELCOME A TRAIN PAINTED WITH MESSAGES CONDEMNING VIOLENCE AGAINST WOMEN AND CHILDREN, WHICH STARTED ITS JOURNEY ON 28 NOVEMBER 1998. THE TRAIN CAMPAIGN HAD BEEN CO-SPONSORED BY MY DEPARTMENT, THE DEPARTMENT OF CONSTITUTIONAL DEVELOPMENT AND PROVINCIAL AFFAIRS AND SPOORNET.
C. NATIONAL GUIDELINES FOR THE HANDLING OF VICTIMS OF SEXUAL OFFENCES
MY DEPARTMENT COMMENCED TRAINING ON THE GUIDELINES, IN JUNE 1998. OUR TRAINING CAPACITY HAS SINCE BEEN BOOSTED BY AN EXTENSIVE DONOR FUNDED TRAINING PROGRAMME ON VIOLENCE AGAINST WOMEN WHICH WAS LAUNCHED IN NOVEMBER, 1998 DURING THE 16 DAYS OF ACTIVISM. WE ARE EXECUTING THE TRAINING THROUGH JUSTICE COLLEGE, WITH THE HELP OF NGO’S.
DOMESTIC VIOLENCE LEGISLATION.
AS YOU ARE ALL AWARE, WE HAVE CHANGED OUR LEGISLATION ON DOMESTIC VIOLENCE TO IMPROVE RESPONSIVENESS TO VICTIMS OR SURVIVORS, AS MANY PREFER TO BE CALLED. THE NEW DOMESTIC VIOLENCE ACT WAS PASSED AT THE END OF 1998. WE ARE NOW BUSY WITH THE PROCESS OF ENSURING THAT ADMINISTRATIVE ARRANGEMENTS FOR SUCCESSFUL IMPLEMENTATION ARE IN PLACE. IN THIS REGARD, WE HAVE INJECTED A SPECIAL ALLOCATION OF R 2 MILLION TOWARDS THE IMPLEMENTATION OF THE ACT. THIS AMOUNT IS IN ADDITION TO ORDINARY ALLOCATIONS TO ALL ROLE PLAYERS WHO HAVE A PLACE IN THE IMPLEMENTATION OF THE ACT.
INTERNATIONAL LESSONS ON VIOLENCE AGAINST WOMEN
WE HAVE STUDIED THE SITUATION IN CANADA AND OTHER COUNTRIES AND ADAPTED THE LESSONS INTO OUR SITUATION WHEREVER NECESSARY AND POSSIBLE. DURING THE SADC CONFERENCE WE ALSO BROUGHT IN A LOT OF INTERNATIONAL EXPERTS WHO THEREAFTER RAN WORKSHOPS IN THE PROVINCES.
THE EMPHASIS WAS ON HOW TO ENSURE AN INTEGRATED RESPONSE TO VIOLENCE AGAINST WOMEN. WHEN WE PRESENTED OUR FIRST COUNTRY REPORT TO THE CEDAW COMMITTEE IN JUNE 1998, THEY ALSO EMPHASISED THE NEED TO EMERGE WITH AN INTEGRATED AND SUSTAINABLE NATIONAL RESPONSE TO VIOLENCE AGAINST WOMEN.
C. IMPROVING THE ADMINISTRATION OF MAINTENANCE
OUR KEY INTERVENTION IN REGARD TO MAINTENANCE HAS BEEN THE PASSING OF THE MAINTENANCE ACT. THE ACT SEEKS TO IMPROVE THE ADMINISTRATION OF THE PRIVATE MAINTENANCE SYSTEM THROUGH INTER ALIA,
Improved tracing of maintenance defaulters
streamlining the administration. This includes empowering courts to grant orders in the absence of the respondent in appropriate circumstances.
improving the payment system: this includes the possibility of garnishee orders and payment through banks.
WE ARE IN THE PROCESS OF IMPROVING THE ADMINISTRATION OF MAINTENANCE. OUR ADMINISTRATIVE INTERVENTIONS INCLUDE THE AUTOMATION OF THE MAINTENANCE SYSTEM. ACTIVITIES IN THIS REGARD ARE NEAR COMPLETION AND WE WILL BE LAUNCHING THE FIRST OF THE AUTOMATED MAINTENANCE SYSTEMS AT JOHANNESBURG MAGISTRATES COURT ON 26 FEBRUARY 1999.
D. RECOGNITION AND REFORM OF CUSTOMARY LAWS
MY DEPARTMENT SUCCESSFULLY PROMOTED LEGISLATION TO RECOGNISE CUSTOMARY MARRIAGES AND ALIGN THE RELEVANT LAWS WITH THE CONSTITUTION. THE CRITICAL CHANGES BROUGHT ABOUT BY THE RECOGNITION OF CUSTOMARY MARRIAGES ACT INCLUDE THE ABOLITION OF MINORITY STATUS SUFFERED BY WOMEN MARRIED UNDER CUSTOMARY LAW UP UNTIL NOW AND EQUALISATION OF PROPERTY RIGHTS IN MARRIAGE. CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN(CEDAW).
THE SUCCESSION LEGISLATION HAS BEEN APPROVED BY CABINET AND WE ARE CURRENTLY ENGAGED IN DISCUSSIONS WITH TRADITIONAL LEADERS WITH A VIEW TO ENSURING THAT THEY ARE FULLY ON BOARD ON THIS ISSUE. WE HOPE TO GET THE SUCCESSION LEGISLATION THROUGH DURING THIS CURRENT SITTING OF PARLIAMENT. AT THIS POINT I WOULD ALSO LIKE TO EXTEND MY SINCERE GRATITUDE TO COMRADE JOHNNY DE LANGE AND EACH AND EVERYONE OF THE MEMBERS OF THIS COMMITTEE, FOR ENSURING THAT THE OTHER IMPORTANT PIECES OF LEGISLATION MENTIONED ABOVE, WERE PAST DURING THE 1998 SITTING.
OUR KEY CHALLENGE WILL NOW BE PUBLIC EDUCATION AND TRAINING OF SERVICE PROVIDERS IN THE COURTS, ON THE NEW LAWS.
E. GENERAL IMPROVEMENT IN ACCESS TO JUSTICE AND SERVICE DELIVERY
OUR MAIN INTERVENTIONS IN REGARD TO ACCESS TO JUSTICE AND SERVICE DELIVERY HAVE BEEN IN THE AREA OF IMPROVING THE USER-FRIENDLINESS OF OUR COURTS.
THIS WE HAVE ACHIEVED THROUGH IMPROVED INFRASTRUCTURE AND PROFESSIONAL DEVELOPMENT TO IMPROVE THE ATTITUDES OF THE SERVICE PROVIDERS IN THE COURTS AND LEGAL AID CENTRES. WE ARE ALSO IN THE PROCESS OF IMPROVING LEGAL AID TO MAKE IT MORE GENDER INCLUSIVE.
THE FAMILY COURT PILOT PROJECT THAT WE PREVIOUSLY INDICATED OUR INTENTION TO IMPLEMENT, COMMENCED IN THE PAST YEAR. DESPITE RESOURCE CONSTRAINTS, THESE COURTS HAVE ENGENDERED A TREMENDOUS IMPROVEMENT IN REGARD TO ACCESS TO JUSTICE. WE ARE PRESENTLY TRYING TO EXPAND SERVICES TO RURAL AND ISOLATED AREAS THROUGH MOBILE COURTS AND RELATED AVENUES.
WE INTEND TO HAVE NEW LEGISLATION ON FAMILY COURTS IN PLACE WITHIN THE NEXT FISCAL YEAR.
F. ACHIEVING EQUITABLE REPRESENTATION OF WOMEN IN SENIOR POSITIONS
WE HAVE TAKEN VISIBLE STEPS IN REGARD TO IMPROVING EQUITABLE REPRESENTATION OF WOMEN IN SENIOR PROFESSIONAL POSITIONS INCLUDING THE JUDICIARY AND AT THE LEVEL OF ADMINISTRATIVE MANAGEMENT. FOR EXAMPLE, WE NOW HAVE FIVE WOMEN CHIEF DIRECTORS IN THE ADMINISTRATION WHEREAS WE HAD ONLY THREE ION THE PAST YEAR. WE ALSO NOW HAVE THREE WOMEN REGIONAL HEADS WHEREAS LAST YEAR WE ONLY HAD ONE. MORE WOMEN HAVE ALSO BEEN APPOINTED INTO THE JUDICIARY. THE EXACT FIGURES CAN BE GLEANED IN THE INTEGRATED DEPARTMENTAL REPORT PRESENTED TO YOU DURING THIS BRIEFING.
HOWEVER, I AM THE FIRST TO ADMIT THAT WE STILL HAVE A LONG WAY TO GO. THE PERCENTAGE WE HAVE IS STILL FAR FROM THE 30 % WE HAVE COMMITTED OURSELVES TO IN OUR EMPLOYMENT EQUITY POLICY AND WHICH IN ANY EVENT, WE ARE REQUIRED TO ATTAIN BY 2000 IN TERMS OF THE WHITE PAPER ON AFFIRMATIVE ACTION IN THE PUBLIC SERVICE.
G. WORKING WITH CIVIL SOCIETY
OUR PARTNERSHIP WITH CIVIL SOCIETY HAS GROWN SIGNIFICANTLY IN THE PAST YEAR. IN APRIL 1998, WE LAUNCHED AN NGO CONSULTATIVE FORUM ON JUSTICE AD GENDER. WE HOPE TO HOST THE FORUM ANNUALLY. IT WILL, INTER ALIA, SERVE AS A MONITORING AND ADVISORY MECHANISM ON THE IMPLEMENTATION OF OUR GENDER POLICY.
WE ALSO COLLABORATED WITH CIVIL SOCIETY IN THE PRESENTATION OF OUR FIRST COUNTRY REPORT ON CEDAW. THE COMMISSION FOR GENDER EQUALITY AND THE OFFICE ON THE STATUS OF WOMEN, HAVE BEEN OUR MAJOR PARTNERS IN MANY OF OUR GENDER EQUALITY RELATED INTERVENTIONS. THIS INCLUDES THE 16 DAYS OF ACTIVISM REFERRED TO EARLIER.
WE ARE CURRENTLY EXPLORING THE POSSIBILITY OF SPONSORING HELP LINE FOR WOMEN IN PARTNERSHIP WITH THE NATIONAL NETWORK ON VIOLENCE AGAINST WOMEN(NNVAW) AND SOUL CITY. THE LINE WILL PRIORITISE THE DOMESTIC VIOLENCE ACT AND SEXUAL VIOLENCE.
3. CHILDREN AND THE JUSTICE SYSTEM
THE CAMPAIGN ON VIOLENCE AGAINST WOMEN, HAS TO THE EXTENT POSSIBLE, TAKEN ON BOARD ISSUES RELATING TO VIOLENCE AGAINST CHILDREN, PARTICULARLY THE GIRL CHILD. OTHER INTERVENTIONS THAT WE UNDERTOOK TO RESPOND TO THE JUSTICE NEEDS OF CHILDREN IN THE PAST YEAR, INCLUDED THE FOLLOWING:-
A. ACTIVITIES WITHIN PROJECT- GO:
THROUGH OUR AWARENESS RAISING EFFORTS WHICH HAVE INCLUDED WORKSHOPS AND DISTRIBUTION OF MATERIALS SUCH AS CIRCULARS, WE HAVE BEEN ABLE TO RAISE AWARENESS AMONGST OUR COURT PERSONNEL IN THEIR DAY TO DAY DEALING WITH CHILDREN AND THE LAW, THE PRINCIPLES EMBARKED IN OUR CONSTITUTION AND INTERNATIONAL INSTRUMENT.
THE PROBLEM AREAS ARE THOSE AREAS WHERE THERE ARE NO PLACES OF SAFETY AND WHERE PARENTS OR RELATIVES ARE RELUCTANT TO TAKE RESPONSIBILITY FOR CHILDREN AWAITING TRIAL.
B. BROADER TRANSFORMATION OF OUR JUVENILE JUSTICE SYSTEM
WE HAVE SECURED AN EXTENSIVE AMOUNT OF DONOR FUNDING ON THE BASIS OF A BUSINESS PLAN WE HAVE DEVELOPED WITH A VIEW TO THE DEVELOPMENT OF A CHILDREN’S JUSTICE SYSTEM WHICH INSULATES CHILDREN FROM THE HARSHNESS OF THE MAINSTREAM JUSTICE SYSTEM WHILE ENSURING EFFECTIVENESS. THE SOUTH AFRICAN LAW COMMISSION HAS NOW ALSO RELEASED A DISCUSSION PAPER ON THE ESTABLISHMENT OF A NEW JUVENILE JUSTICE SYSTEM.
C. PLACING THE BEST INTEREST OF THE CHILD AT THE CENTRE OF THE MAINTENANCE CAMPAIGN.
IN JUNE LAST YEAR, WE INITIATED A PUBLIC AWARENESS CAMPAIGN WHOSE MAIN FOCUS IS TO CHANGE ATTITUDES TOWARDS THE PAYMENT OF MAINTENANCE. AT THE HEART OF THIS CAMPAIGN IS THE MESSAGE THAT PARENTS AND WHERE APPROPRIATE MUST PAY AS IT IS IN THE BEST INTEREST OF THE CHILD TO DO SO.
D. HUMAN RIGHTS EDUCATION FOR CHILDREN
WE INITIATED A FOCUSSED EDUCATION PROGRAMME ON CHILDREN AND HUMAN RIGHTS WHICH FOCUSSES ON SCHOOL GOING CHILDREN. THIS COMMENCED ON CONSTITUTIONAL WEEK IN MAY 1998 WHERE COURT OFFICIALS INCLUDING JUDGES AND PROSECUTORS WERE ENCOURAGED TO VISIT SCHOOLS WHERE THEY WERE TO GIVE TALKS ON HUMAN RIGHTS OF CHILDREN FOCUSSING ON CHILD ABUSE AND THE GIRL CHILD. THIS INITIATIVE WAS AN OVERWHELMING SUCCESS. IT UNVEILED UNREPORTED CASES OF CHILD ABUSE AND MANY SCHOOLS REQUESTED THAT THE PROGRAMME BE RUN ON A CONTINUOUS BASIS.
WE ALSO DEVELOPED AND LAUNCHED A TRAINING KIT ENTITLED LAW TALK FOR CHILDREN. THIS WAS ACCOMPANIED BY AN ART COMPETITION (THAT WAS LAUNCHED IN GAUTENG) FOR CHILDREN FOCUSSING ON THE PERCEPTION OF THE CRIMINAL JUSTICE SYSTEM. SOME OF THE CHILDREN’S ART WORK ARE NOW DISPLAYED IN THE DEPARTMENT’S 1999 YEAR CALENDERS. WE ARE ALSO TAKING THE CONCEPT OF THE ARTWORK AND THE RELATED PROGRAMMES TO THE OTHER PROVINCES. THE ART WORK ALSO IDENTIFIED GAPS IN REGARD TO LEGAL ILLITERACY AMONGST CHILDREN THAT WE NEED TO ADDRESS. THE DEPARTMENT OF EDUCATION AND MANY ORGANS OF CIVIL SOCIETY HAVE APPLAUDED THIS INITIATIVE.
E. EXPANDING THE SERVICES OF THE FAMILY ADVOCATE TO COVER RURAL AND BLACK CHILDREN
THE SERVICES OF THE FAMILY ADVOCATE HAVE BEEN EXPANDED TO IMPROVE RESPONSIVENESS TO BLACK AND RURAL COMMUNITIES. WE FACE A CONTINUING CHALLENGE IN REGARD TO HUMAN RESOURCE REQUIREMENTS RELATED TO THE EXPANDED SERVICES.
4. VICTIM SUPPORT AND EMPOWERMENT
OUR INITIATIVES IN REGARD TO THE PURSUIT OF VICTIM SUPPORT AND EMPOWERMENT INCLUDED THE FOLLOWING:
A. FINALISATION OF BUSINESS PLANS
WE FINALISED OUR OWN BUSINESS PLAN FOR ADDRESSING VICTIM SUPPORT AND EMPOWERMENT AS ARTICULATED IN JUSTICE VISION 2000. THE BUSINESS PLAN HAS SINCE BEEN INTEGRATED IN THE NCPS COMPOSITE BUSINESS PLAN ON VICTIM EMPOWERMENT. IMPLEMENTATION ACTIVITIES HAVE COMMENCED IN THE DEPARTMENT.
B. AUDIT OF CURRENT VICTIM SUPPORT SERVICES IN COURTS.
WE HAVE CONDUCTED AN AUDIT OF CURRENT LEVELS OF SERVICE DELIVERY IN REGARD TO VICTIM SUPPORT AND EMPOWERMENT WITHIN THE DEPARTMENT.
THE PURPOSE OF THE AUDIT WAS TO ESTABLISH THE TRENDS AND THE GAPS BETWEEN WHAT WE HAVE AND THE IDEAL TO FACILITATE PLANNING. THE BASELINE REPORT WILL ALSO SERVE AS A MONITORING TOOL TO BENCHMARK IMPROVEMENTS AS WE IMPLEMENT THE BUSINESS PLAN.
THE AUDIT HAS ALSO HELPED TO FACILITATE THE SHARING OF BEST PRACTICES REGARDING VICTIM SUPPORT AND EMPOWERMENT AMONGST THE DIFFERENT COURTS IN THE COUNTRY.
C. DEVELOPMENT OF A DRAFT VICTIM CHARTER
WE HAVE DEVELOPED A DRAFT VICTIM CHARTER WHICH IS BASED ON THE SEVEN INTERNATIONALLY RECOGNISED CORE PRINCIPLES REGARDING THE RIGHTS OF VICTIMS. THE MINISTER HAS REFERRED THE DRAFT TO A DISCUSSION WITH THE SOUTH AFRICAN LAW COMMISSION PROJECT TEAM ON RESTORATIVE JUSTICE AS THE TWO ARE RELATED. A JOINT WORKING GROUP COMPRISING DEPARTMENTAL ROLE PLAYERS AND THE COMMISSION, HAS BEEN CONVENED TO FINALISE THE DRAFT VICTIM CHARTER SO THAT IT CAN BE RELEASED FOR PUBLIC COMMENTS.
5. HIV /AIDS INITIATIVES
OUR ACTIVITIES IN REGARD TO HIV/AIDS HAVE CENTRED AROUND AWARENESS RAISING. WE HAVE SUCCEEDED IN RAISING AWARENESS AMONGST PERSONNEL IN THE DEPARTMENT. THIS HAS BEEN DONE THROUGH:
WORKSHOPS/SEMINARS
POSTERS, PAMPHLETS AND OTHER PROMOTIONAL MATERIALS
SPEECHES BY MINISTERS AND SENIOR MANAGERS
LIFT NEWS
DISTRIBUTION OF CONDOMS
TRAINING OF TRAINERS UNDER THE SUPERVISION OF THE DEPARTMENT OF HEALTH
WHEN AN HIV POSITIVE MEMBER OF THE PUBLIC WAS KILLED IN NATAL, WE RECEIVED A LOT OF E-MAIL MESSAGES ON THE JUSTICE IMPLICATIONS FROM THE PUBLIC. WE RESPONDED TO THESE MESSAGES THROUGH A MESSAGE DISTRIBUTED THROUGH THE INTERNET.
THE ISSUE OF HIV TESTING IN SEXUAL OFFENCES CASES IS ALSO A MATTER THAT REQUIRE URGENT RESEARCH. WE SEE THIS AND WE PROPOSE TO TACKLE IT AS A CROSS CUTTING ISSUE BETWEEN HIV/AIDS, VICTIM EMPOWERMENT AND GENDER.
6. DEVELOPMENT OF A NATIONAL ACTION PLAN ON HUMAN RIGHTS AND COMMEMORATION OF THE 50TH ANNIVERSARY OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
WE HAVE SINCE COMPLETED THE DEVELOPMENT OF OUR NATIONAL ACTION PLAN TO IMPROVE THE PROTECTION AND PROMOTION OF HUMAN RIGHTS.(NAP) THE PROCESS OF DEVELOPING THE NATIONAL ACTION PLAN INTEGRATED ACTIVITIES AIMED AT COMMEMORATING THE 50TH ANNIVERSARY OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND THE DRAFTING OF OUR FIRST COUNTRY REPORT ON THE IMPLEMENTATION OF THE AFRICAN CHARTER ON HUMAN AND PEOPLE’S RIGHTS.
THE AFRICAN CHARTER REPORT WAS COMPLETED AND SUBMITTED IN OCTOBER, 1998. THE NAP WAS COMPLETED AND LAUNCHED ON 10 DECEMBER, 1998. KEY COMMEMORATIVE EVENTS IN RESPECT OF THE YEAR OF THE 50TH ANNIVERSARY INCLUDED 21 MARCH, THE 16 DAYS OF ACTIVISM REFERRED TO EARLIER AND DECEMBER 10.
ON MARCH 21 THIS YEAR WE HAVE THE FIRST EVENT AIMED AT POPULARISING THE NAP.
IT IS A PLEASURE FOR ME TO REPORT THAT CABINET HAS SINCE APPROVED THE ESTABLISHMENT OF A NATIONAL HUMAN RIGHTS FORUM TO SUPPORT THE IMPLEMENTATION OF OUR NATIONAL ACTION PLAN ON HUMAN RIGHTS. THE NAP WILL BE TABLED IN PARLIAMENT IN THE WEEK PRECEDING HUMAN RIGHTS DAY, 21 MARCH 1999.
7. REPRESENTIVITY AND OTHER RELATED MATTERS REGARDING CERTAIN STATUTORY APPOINTMENTS
SHERIFFS
THE SHERIFF AMENDMENT ACT, 1998 WAS PASSED TOWARDS THE END OF LAST YEAR WITH ITS MAIN OBJECT TO RATIONALISE THE SHERIFFS’ PROFESSION IN SOUTH AFRICA, IN OTHER WORDS TO CREATE A SINGLE DISPENSATION FOR SHERIFFS THROUGHOUT THE REPUBLIC. THE ACT ALSO MAKES PROVISION FOR THE COMPOSITION OF A MORE REPRESENTATIVE BOARD FOR SHERIFFS (IN TERMS OF RACE, GENDER AND GEOGRAPHICS). THE CONCEPT OF COMPETITION AMONGST SHERIFFS AS WELL AS THE EXTENSION OF THE CATEGORIES OF CONDUCT WHICH AMOUNT TO MISCONDUCT AND THE CREATION OF CERTAIN NEW OFFENCES WILL, IN MY VIEW, ENSURE A SOLID PLATFORM TO TAKE THE SHERIFFS’ PROFESSION INTO THE NEW MILLENNIUM.
THE ISSUES OF REPRESENTIVITY IS UNFORTUNATELY NOT MOVING AS FAST AS WE HAVE HOPED FOR. HOWEVER, THIS TOGETHER WITH TRAINING PROGRAMMES THAT WILL FOCUS ON SPECIFIC ISSUES, WILL BE INTENSIFIED DURING 1999.
COMMISSIONERS OF OATHS, APPRAISERS, JUSTICES OF THE PEACE AND COMMISSIONERS AND MEMBERS TO THE SMALL CLAIMS COURT
WE HAVE RECENTLY ALSO APPOINTED A TASK TEAM TO ENQUIRE INTO THE ABOVE STATUTORY APPOINTMENTS WITH SPECIFIC REFERENCE TO:
THE PROMOTION OF REPRESENTIVITY
THE TRAINING OF POTENTIAL AND NEW APPOINTEES
GUIDELINES FOR APPOINTMENTS; AND
RELATED ISSUES.
IT IS OUR VIEW THAT THE STATUTORY APPOINTEES MENTIONED ABOVE, PLAY AN ESSENTIAL ROLE IN THE ADMINISTRATION OF JUSTICE. ESPECIALLY ACCESS THERETO. HOWEVER, THEIR CONTRIBUTIONS HAVE BEEN NEGLECTED IN THE PAST AND IN MANY INSTANCES, ONCE APPOINTED, THEY WERE ALLOWED TO FUNCTION WITHOUT ANY PROPER GUIDANCE, CONTROL, AND SUPPORT. CONFUSION ALSO EXIST AMONG THE PUBLIC AS TO THEIR FUNCTIONS.
CHAIRPERSON, I HAVE TRIED TO CONFINE MY INPUT TO THOSE ISSUES THAT ARE NOT LIKELY TO BE ELABORATED UPON IN OUR YEAR REPORT.
LASTLY, I AGAIN WISH TO NOTE OUR PROFOUND APPRECIATION OF THE SUPPORT AND GUIDANCE YOUR COMMITTEE HAS GIVEN TO US AS A DEPARTMENT OVER THE YEARS.