• Creation of minimum standards. This must ensure:

1. That there is a balance between the needs of the victim and the effectiveness of the criminal justice system (CJS).
2. The minimizing of the risk of contamination of the evidence of the victim as a witness/potential witness.
3. Uniformity and appropriateness in dealing with the different ages and maturity of the victims inclusive of the distinction between the chronological age and the mental age.
4. Promotion of equal application and access throughout the country barring in mind special needs and circumstances of vulnerable.

• The Cabinet member responsible for justice and constitutional development in consultation with Cabinet members responsible for social development, safety and security, and correctional services must create a policy framework to develop the capacity within government and the non- governmental sector for the provision of accredited victim support and preparation services.

• The Cabinet member must with due consideration of the minimum standards applicable establish and maintain a system of accreditation of service providers and programmes for victim support.

• The Director General of Justice and Constitutional Development must in consultation with the Director General of Social Development, National Commissioners of Correctional Services and SAPS establish a national register of accredited programmes.

In 2002 the SOCA unit started a Victim Assistance Project (VAP) as part of the Criminal Justice Strengthening Project funded by USAID. The Victim Assistance Officers (VAOs) were placed at the Thuthuzela Care Centre(TCCs) as this is also part of the projects by the SOCA unit and the main purpose of which is to eliminate secondary victimisation of victims by the service providers and to make access to the CJS easy and victim-friendly.

The VAO was introduced into the system to specifically look at the needs of the victim(s) as they go through the criminal justice system and provide the necessary support and information that the victim requires in order to be an effective witness in court and to go through the system without any anxieties.

The responsibilities of the VAOs are as follows :

• Establishing early contact with the victims and guide them through the court process
• To provide relevant information to the victim
• Assess if the victim requires any counselling or emotional support
• To work in co-operation with the prosecutor and prepare the victim for the court process and orientate the victim within the court
• Maintain regular communication with other roleplayers involved in the Criminal Justice System
• Keep contact with the victim regarding any step of the case i.e. bail etc, or any matter that will affect the victim regarding the accused taking into account issues of confidentiality and the victim’s safety
• Inform the prosecutor about the victim’s concerns.
• Discuss with the victim about her safety concerns and if possible devise a safety plan with the victim / refer the victim to the relevant NGO or CBO if need be in order to develop a safety plan
• Accompany the victim to trial when required to do so, so as to offer emotional support
• Ensure that services are offered in the language that the victim understands
• The VAO must co-ordinate with the prosecutor and the investigative officer a system whereby the victim is kept notified of the outcome of the case.

The IDMT Report on Rape and other sexual offences revealed that the system was generating conviction rates of 48% in the normal regional courts and 65% in the sexual offences courts in 2002.

NPS Audit revealed that during the period January 2002 and November 2003 the results were as follows:

The results:

• The national conviction rate for sexual offences in all Regional Courts is 42%
• The national conviction rate for sexual offences in specialized Sexual Offences Courts is 62%

Both reports clearly indicates that the specialized Sexual Offences Courts are more effective in attaining results relating to convictions. The challenge remains – how do we ensure that there is sufficient skills transfer from the specialized courts to the general regional courts so as to provide equal access to adequate services for all rape survivors.

The Thuthuzela Care Centre model demonstrates the use of a centralized, multi-disciplinary team comprised of police investigators, medical personnel, social workers, prosecutors and community volunteers. The aims of the project include the facilitation of skilled professional delivery of services to rape victims by police, medical personnel and prosecutors, joint investigation of cases by police and prosecutors, the development of accurate data collection tools, and the building of better cooperation and communication between rape victims and the justice system.

The project aims to demonstrate that a team approach to the investigation of rape cases can improve the treatment of rape survivors. This approach streamlines and accelerates investigations and prosecutions, and provides concrete, reliable information to communities about this serious crime. The project hopes to inspire confidence in the criminal justice system among victims, as well as those structures working on their behalf. All cases from the Centre are prosecuted in a specially identified sexual offences court at Wynberg Court, the Thuthuzela Court.

The team managing the project, headed by the Office of the National Director of Public Prosecutions, focuses on the improved investigation of rape cases, the care of rape victims, and the creation of an accurate system to monitor and evaluate data in order to develop integrated strategies. The team works simultaneously on improving the following six components: (1) Initial reception of victims at the police station and transport to the Centre; (2) Medical examination, collection and storage of medical forensic evidence; (3) Police statement taking from complainants; (4) Better care of and communication with victims; (5) Joint investigations between police and prosecutors, and (6) Improved data collection and analysis.

In 2003 the Institute of Criminology (University of Cape Town) was commissioned to research on the Thuthuzela Care Centre at Manenberg, Cape Town, and one of the Sexual Offences Court based at Wynberg, commonly referred to as the Thuthuzela Court.

The brief of the research:

• Examine the weaknesses in the processing and investigation of sexual offences cases channeled through the Thuthuzela Care Centre in Manenberg (from the Gugulethu, Khayelitsha and Manenberg police stations), and the subsequent low arrest rate.

• Analyse, where possible, the reasons for the withdrawal of charges in sexual offences cases.

• Investigate, where possible, the reasons for the low reporting rate of sexual offences.

• Develop recommendations for the NPA to help reduce the identified weaknesses in the criminal justice process in respect of the investigation and management of sexual offences cases.

In light of the wide range of activities, protocols, personnel and structures associated with the Thuthuzela Care Centre [TCC], the research went beyond the original question of low investigation and arrest rates in sexual offence cases. In addition to analysing the number of reported cases at each station (and at the TCC) and the methods in which these cases are processed through and managed by the TCC project, the research also undertook to examine the following:

• The profile of rape victims reporting at Thuthuzela.
• The structure of Thuthuzela, with a specific emphasis on accountability structures and ‘ownership’ of the project.
• Police performance in the investigation of rape cases.
• The case flow and the management of the case flow of TCC cases (from police and prosecutorial perspectives).
• Opinions of TCC personnel about ‘prosecutor-guided’ investigations.
• The number of and reasons for the withdrawal of rape cases going through the TCC and case disposal.
• An assessment of the Thuthuzela database at the Wynberg Regional Court.

The results of the research:

• The National Average of convictions in Sexual Offences Courts in 2003 is 62%.

• Wynberg Sexual Offences Courts (4 courts) combined have a conviction rate in 2003 of 73%.

• The conviction rate in the Thuthuzela ‘J’ Court for 2003 is 81%
• In the United Kingdom only 5-6% of reported rape result in a conviction
• In South Africa – 8-9% of reported rape cases result in a conviction of rape
• Based on cases tracked by the researchers, in the Thuthuzela Project, the report-conviction rate is 17.5%

The researchers commended the Thuthuzela Project for a number of initiatives that have contributed to its success:

• The Project Oversight Committee, which is a committee made up of representatives of all role players who are responsible for the ongoing management of the Project
• The development of a computerized data-base which is responsible for the collection of all information pertaining to a case; this data-base enables the tracking of cases, and the identification at any point of at what stage the case is regarding investigation and prosecution
• The inter-departmental development and implementation of protocols for all role players
• The implementation of ‘prosecutor – guided’ investigations

On maintenance the questions raised were in respect of the following:-

1. Impact of the introduction of the junior and senior maintenance prosecutors.
2. Cases dealt with to date outcome and compliance with court judgement.
3. Impact of the investigators/assistants and whether we should not have more than one in areas where the demand is more. What would this entail human resources and financial resources.

Before the appointment of maintenance prosecutors the maintenance matters were handled and managed in an unstructured manner (system). There was confusion in respect of roles and responsibilities, accountability for poor services rendered as well as lack of coordination. We still receive complaints from various institutions and agencies like the following:- Department of Justice and Constitutional Development, Social development, Public Protector’s, Human Rights Commission, Gender Commission. Maintenance statistics were not properly collected and collated.

The introduction of the maintenance prosecutors with appropriate legal qualifications, clear roles and responsibilities and dedicated to maintenance has done a lot to profile maintenance matters as issues adversely affecting women and children’s rights within the criminal justice process. Secondly it has done a lot to institutionalise accountability, responsibility and a sense of urgency in dealing with maintenance matters. The challenge remains inadequate number of dedicated maintenance prosecutors to ensure that we do away with rotations system and mere volunterism which does not go well with values of accountability and responsibility.

The appointment of maintenance prosecutors meant that there are subject to the NPA prosecution policy and the code of ethics therein. This ensures that the maintenance prosecutors adhere to all applicable policies including the one provided by the maintenance code. In respect of coordination the SOCA Unit has appointed senior maintenance prosecutors who coordinate the activities in relation to maintenance matters handled by the maintenance prosecutors. This has streamlined the monitoring processes and ensures that all the personnel dealing with maintenance in those courts including prosecutors, investigators and all administrative personnel are answerable to senior maintenance prosecutors. They also become responsible capacity development of all these categories of personnel.

The senior maintenance prosecutors has been strategically placed in the office of the director of public prosecutions so as to properly coordinate and monitor maintenance issues as well as to deal with all representations and appeals relevant to maintenance matters.

Impact of the investigators/ assistants and whether we should not have more than one areas where the demand is more. What would this entail – Human Resources and Financial Resources.

The appointment of maintenance investigators/assistants, has seen an improvement in the turn around time of maintenance matters and service of the court processes. Before the appointment of maintenance investigators/assistants a maintenance matter will take a period of at least a year on the average due to outstanding information or investigations. After the appointment of maintenance investigators the turn around time is drastically reduced to 6 (six) months at most. The applicants were forced to serve court processes themselves but now it is strictly maintenance investigators and sheriffs who serve the court process. Sadly the above improvements are only applicable in areas where these resources exist.

South Africa has about 510 magistrate courts and the ideal situation will be to have a maintenance prosecutor and maintenance investigator in each and every magistrate court in order to comply with the provisions of maintenance Act 99 of 1998. In the interim and in order to satisfy the most urgent needs we have prioritized the following areas for additional resources:

In total the number of additional investigators is 33 and maintenance prosecutors is 10.

Investigators 33 x R68 000 R2 244 000

Maintenance Prosecutors 10 x R105 000 R1 050 000

Total R3 294 000

Kind Regards