Ramaphosa elaborates on three new bills set to combat GBV

President Cyril Ramaphosa, in his weekly letter, said the introduction of three new bills relating to gender-based violence (GBV) is government honouring the promise made to protestors last year and to all the women of South Africa. 

A year ago, almost to the day, thousands of women, men and children marched to Parliament to protest against a spate of rapes and killings of women and girls. At the time, the nation was reeling from the murders of Uyinene Mrwetyana, Leighandre Jegels, Jesse Hess and a number of other women who had lost their lives at the hands of men.

This year, an R1.6 billion Emergency Response Action Plan to combat GBV and femicide was announced.

“Now, we are on the cusp of the most far-reaching legislative overhaul in the fight against gender-based violence and femicide,” said Ramaphosa. 

RAMAPHOSA INTRODUCES THREE KEY BILLS TO FIGHT GBV

Over the past week, three key Bills relating to GBV have been introduced in Parliament. The three amendment Bills are designed to fill the gaps that allow some perpetrators of these crimes to evade justice.

“These Bills, once finalised, will help to restore the confidence of our country’s women that the law is indeed there to protect them,” said Ramaphosa. 

The first is the Bill to amend the Criminal Law (Sexual Offences and Related Matters) Amendment Act. This creates a new offence of sexual intimidation, extends the ambit of the offence of incest, and extends the reporting duty of persons who suspect a sexual offence has been committed against a child.

It also expands the scope of the National Register for Sex Offenders to include the particulars of all sex offenders. Until now, it has only applied to sex offenders convicted of sex crimes perpetrated against children or persons with mental disabilities.

The time an offender’s particulars must remain on the register has been increased, and those listed on the register will have to disclose this when they submit applications to work with persons who are vulnerable. The Bill also makes provision for the names of persons on the National Register for Sex Offenders to be publicly available.

EXPANDING OFFENCES FOR WHICH MINIMUM SENTENCES MUST BE IMPOSED

The Criminal and Related Matters Amendment Bill tightens, among others, the granting of bail to perpetrators of GBV and femicide, and expands the offences for which minimum sentences must be imposed.

“People are angry that many perpetrators of such serious crimes are exploiting legal loopholes to avoid imprisonment and are frustrated that sentencing is often not proportionate to the crimes. The amendments impose new obligations on law-enforcement officials and on our courts,” said Ramaphosa. 

When a prosecutor does not oppose bail in cases of GBV, they have to place their reasons on record. Unless a person accused of gender-based violence can provide exceptional circumstances why they should be released on bail, the court must order their detention until the criminal proceedings are concluded.

In reaching a decision on a bail application, the courts are compelled to take a number of considerations into account. They include pre-trial reports on the desirability of releasing an accused on bail, threats of violence made against a survivor, and the view of the survivor regarding his or her safety.

REPRESENTATION TO THE PAROLE BOARD 

When it comes to parole, a complainant or a relative of a deceased victim must be able to make representation to the parole board.

“Given the unacceptably high levels of intimate partner violence in our country, we have tightened the provisions of the Domestic Violence Act,” he said. 

Domestic violence is now defined to cover those in engagements, dating, in customary relationships, and actual or perceived romantic, intimate or sexual relationships of any duration. The Bill also extends the definition of ‘domestic violence’ to include the protection of older persons against abuse by family members.

Complainants will be able to apply for a protection order online. To prevent a scenario where perpetrators can hide past histories of domestic violence, an integrated repository of protection orders will be established.

The circumstances under which a prosecutor can refuse to institute a prosecution when offences have been committed under the amended Act or to withdraw charges when it involves the infliction of bodily harm or where a weapon was used to threaten a complainant have been limited.

“In perhaps the most groundbreaking proposed amendment to the Act, if someone has knowledge, reasonable belief or suspicion that an act of domestic violence has been committed against a child, a person with disability or an older person and fails to report it to a social worker or police officer they can be fined and even imprisoned,” said Ramaphosa.

WOMEN HAVE HAD ENOUGH OF LUKEWARM ACTIONS – RAMAPHOSA 

The women of South Africa have had enough of lukewarm actions that do not address one of the most fundamental rights of all – to live in freedom from fear.

These proposed amendments are an appropriate response to a groundswell of dissatisfaction at the way survivors of gender-based violence have been treated by the criminal justice system in the past.

“The task before us now is to bring our collective efforts to bear by taking an active part in the public participation process towards finalising the Bills. Let us now work together to see this process through, for the protection of the women and children of today and of tomorrow,” added Ramaphosa.