The Democratic Alliance (DA) says the pandemic of gender-based violence (GBV) has reached a crisis level and has called on the Department of Justice and Constitutional Development to implement the Public Protector’s remedial actions to ensure that the criminal justice system can adequately protect victims.
The sentiment comes as the Public Protector released a scathing report on how three crucial government departments are failing GBV victims.
DA WEIGHS IN ON PP REPORT ON GBV VICTIMS
The DA’s Glynnis Breytenbach said they also noted the remedial actions for SAPS and Department of Social Development, which focus on an integrated effort across these departments to ensure effective handling of GBV cases.
As previously reported by The South African, Gcaleka said the investigation emanates from the murders of Altecia Kortje and her seven-year-old daughter in Bellville, Cape Town, in June 2020.
Gcaleka said that John Jeffery, the Deputy Minister for Justice and Constitutional Development, also brought the matter to her office.
This was after Kortje was allegedly turned away at the Bellville Magistrate’s Court when she wanted to apply for a protection order. Kortje’s ex-boyfriend subsequently murdered her and her seven-year-old child.
It was alleged that the court officials’ conduct was improper, constituted maladministration, and prejudiced her and her family. However, the investigation found no wrongdoing on their part.
WHO ARE THE KEY ROLE PLAYERS?
THE DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT WHICH IS RESPONSIBLE FOR THE ADMINISTRATION OF JUSTICE AND OVERSEEING THE COURTS WHEN DEALING WITH GBV CASES.
During the briefing on the report, the Public Protector said the investigation found that the 38 courts they inspected across the country are not kept in an operational manner that supports efficient service delivery. There are old and dilapidated court buildings with inadequate office equipment such as malfunctioning telephone lines, switchboard and air conditioners, persistent network problems, broken photocopiers, shared computers.
In addition, the courts visited do not have a fully functional Integrated Case Management System (ICMS) resulting in manual capturing of cases. The ICMS is mostly inaccessible or very slow due to network challenges. In turn, the challenges negatively impact efficient and effective service delivery in that court officials are unable to execute their functions in a conducive environment.
THE SOUTH AFRICAN POLICE SERVICE (SAPS), WHICH HAS THE CONSTITUTIONAL MANDATE OF PREVENTING, COMBATING AND INVESTIGATING CRIME AND IS ONE OF THE PRIMARY AGENCIES OF THE STATE RESPONSIBLE FOR THE PROTECTION OF THE PUBLIC AND ESPECIALLY GBV VICTIMS, AS FIRST RESPONDERS.
Gcaleka said some police stations do not have Victim-friendly Rooms (VFRs) and victims of GBV are forced to relate the abuse they have suffered in crowded SAPS stations.
THE DEPARTMENT OF SOCIAL DEVELOPMENT (DSD), WHICH HAS THE CONSTITUTIONAL MANDATE TO PROVIDE APPROPRIATE SOCIAL ASSISTANCE FOR THOSE UNABLE TO SUPPORT THEMSELVES AND TO SUPPORT AND COLLABORATE WITH OTHER STATE INSTITUTIONS AND OTHER STAKEHOLDERS IN SUPPORTING VICTIMS OF GBV.
Gcaleka said GBV Crisis Centres under the Department of Social Development are poorly run and under resourced.
“Within 180 calendar days from the date of the final report and in line with section 41(1)(h)(ii) and (iii) of the Constitution develop and submit to the Public Protector a collaboration plan between SAPS and DSD relating to provision of support services to victims of GBV such as trauma counselling, referral to shelters and health services,” she said.
