New legislation to be commenced to bring justice to GBV survivors

The Judicial Matters Second Amendment Act, which commenced on 31 January, provides for the establishment of courts dedicated to matters related to sexual offenses.

President Cyril Ramaphosa has issued a proclamation on the commencement of legislation that establishes dedicated Sexual Offences Courts that will bring relief and justice to survivors of gender-based violence (GBV).

The Judicial Matters Second Amendment Act, which commenced on 31 January, provides for the establishment of courts dedicated to matters related to sexual offenses.

"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 [gender- based violence and femicide], and the fulfillment of the National Strategic Plan on GBVF," said the Presidency on Thursday.

The new legislation provides for these courts to have certain facilities and measures in place to render services that will better protect complainants, enhance the quality of prosecutions and evidence to be given in sexual offense cases, minimize secondary trauma for complainants," it said.

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 specialized courts that deal exclusively with bail applications, plea proceedings, trials or sentencing in criminal matters that entail sexual offenses.

"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)," said the Presidency.

By focusing on these services, the government intends to make it easier for complainants to report offenses and to give evidence in trials, as a means of deterring potential offenders from breaking the law.

(With Inputs from South African Government Press Release)