briefing to the justice and constitutional portfolio committee

1

BRIEFING TO THE JUSTICE AND CONSTITUTIONAL PORTFOLIO

COMMITTEEON THE IMPLEMENTATION OF THE CRIMINAL LAW

(SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT ACT, 2007 (ACT 32 OF 2007)

BRIEFING TO THE JUSTICE AND CONSTITUTIONAL PORTFOLIO

COMMITTEEON THE IMPLEMENTATION OF THE CRIMINAL LAW

(SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT ACT, 2007 (ACT 32 OF 2007)

1

2010 FWC Administration of Justice Proj 29 July 2010

1

1. Background

• The Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) (the Act) came into operation in December 2007.

• The Act acknowledges and expressly provides for protection of victims’ rights through advocating for the provision of “certain services” (read as specialized services) for victims of sexual offences

• The Act was implemented incrementally with most Chapters coming into operation immediately (December 2007) except for Chapter 5 and 6 which came into operation in March 2008 and June 2009 respectively

• Act is being implemented through the guidance of National Instructions, Directives and Regulations as required in the Act

• Services are being provided to victims incrementally and progressively i.e. some services are established and being increased and expanded upon and others are in the development stages.

1. Background

• The Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) (the Act) came into operation in December 2007.

• The Act acknowledges and expressly provides for protection of victims’ rights through advocating for the provision of “certain services” (read as specialized services) for victims of sexual offences

• The Act was implemented incrementally with most Chapters coming into operation immediately (December 2007) except for Chapter 5 and 6 which came into operation in March 2008 and June 2009 respectively

• Act is being implemented through the guidance of National Instructions, Directives and Regulations as required in the Act

• Services are being provided to victims incrementally and progressively i.e. some services are established and being increased and expanded upon and others are in the development stages.

2


1

2. Objectives of the Act

• Introduction of a single statute addressing all sexual offences and related matters;

• Comprehensive provisions dealing with the creation, expansion and amendment of sexual offences against children and mentally disabled persons;

• Protection of victims’ rights through advocacy for provision of “certain services for victims of sexual offences” with express intention to eliminate secondary traumatisation of victims

• Introduction of the National Register for Sex Offenders (NRSO) to protect children and mentally disabled persons from perpetrators

• Provision for “compulsory HIV testing of alleged perpetrators of sexual offences”

• Regulation of the manner in which sexual offences and related matters must be dealt with through providing for the adoption of the National Policy Framework on the Management of Sexual Offences and Related Matters

• Provision for the establishment of an Inter-Sectoral Committee on the management of sexual offences matters

3. Plans for the Implementation of the Act• 3 year inter-departmental plan drafted and used to coordinate and ensure compliance with

provisions of the Act

2. Objectives of the Act

• Introduction of a single statute addressing all sexual offences and related matters;

• Comprehensive provisions dealing with the creation, expansion and amendment of sexual offences against children and mentally disabled persons;

• Protection of victims’ rights through advocacy for provision of “certain services for victims of sexual offences” with express intention to eliminate secondary traumatisation of victims

• Introduction of the National Register for Sex Offenders (NRSO) to protect children and mentally disabled persons from perpetrators

• Provision for “compulsory HIV testing of alleged perpetrators of sexual offences”

• Regulation of the manner in which sexual offences and related matters must be dealt with through providing for the adoption of the National Policy Framework on the Management of Sexual Offences and Related Matters

• Provision for the establishment of an Inter-Sectoral Committee on the management of sexual offences matters

3. Plans for the Implementation of the Act• 3 year inter-departmental plan drafted and used to coordinate and ensure compliance with

provisions of the Act

3

2010 FWC Administration of Justice Proj

29 July 2010

1

PROGRESSIVE IMPLEMENTATION OF

THE SEXUAL OFFENCES AMENDMENT ACTPROGRESSIVE IMPLEMENTATION OF

THE SEXUAL OFFENCES AMENDMENT ACT

Input Output Outcome Impact

1. Development and utilisation of the integrated implementation plan

• Establishment of an Operational Inter-Sectoral Committee on the implementation of the Act

Coordinated actions in the implementation of the Act

• Established forum for sharing progress on compliance with the provisions of the Act

• Existence of an operational forum to address problem areas and challenges in respect of coordination of services and implementation of the Act

4


29 July 2010

1


THE SEXUAL OFFENCES AMENDMENT ACT cont.PROGRESSIVE IMPLEMENTATION OF

THE SEXUAL OFFENCES AMENDMENT ACT cont.


2. Develop National Instructions and Directives as well as Regulations on the National Register for Sexual Offenders

• Inter-Departmental consultation working sessions held to present the draft National Instructions and Directives as required in terms of the Sexual Offences Amendment Act

• South African Police (SAPS) and Department of Health (DOH) Produced and Published their National Instructions

Existence of processes and guidelines used by personnel in the departments and institutions in the implementation of the Sexual Offences Amendment Act

• Clear direction to officials on the implementation of the provisions of the Sexual Offences Amendment Act

5


29 July 2010

1





(Continued) • National Prosecution Authority (NPA) produced National Directives and distributed it to the Prosecutors for use

• Department of Justice and Constitutional Development (DOJ&CD) developed and published Regulations in respect of the National Register for Sex Offenders (NRSO)

Existence of processes and guidelines used by personnel in the departments and institutions in the implementation of the Sexual Offences Amendment Act

Clear direction to officials on the implementation of the provisions of the Sexual Offences Amendment Act

6


1





3. Established Inter-Sectoral Committee on the Management of Sexual Offences (DG ISC)

• DG ISC met on 17 February 2010 in terms of the Sexual Offences Amendment Act

• A non-statutory Operational Inter-Sectoral Committee on the implementation of the Sexual Offences Amendment Act (OISC) established and meetings were held once every two months

• DG ISC formally established

• Development and Consideration of the Draft National Policy Framework by JCPS Cluster Departments and submission of comment for improvements

• Monitoring and assessment of progress with the implementation of statutory requirements took place

• Commitment at the highest level of government in respect of the implementation of the Sexual Offences Amendment Act

• Progress on compliance with the compliance with the pre-requisites of the Sexual Offences Amendment Act monitored inter-departmentally at an operational level

7


1





4. Adoption and implementation of National Policy Framework

Draft National Policy Framework was developed by the DOJ&CD

Draft NPF was discussed by the JCPS departments

Draft NPF presented to the JCPS Cluster

Inter-Departmental Consultations and inputs

DG ISC meeting coordinated for consideration of the NPF

Inter-Departmental Agreement on the content of the Draft National Policy Framework

Clarification and Alignment of Roles and Responsibilities

Indicators set for the implementation of the Sexual Offences Amendment Act for each department

Impact assessment will be based on a pre-determined Monitoring and Evaluation Framework

Compliance with the provisions of the Act

Common understanding of the requirements towards the effective implementation of the Sexual Offences Amendment Act

8


1





4. Provision of services

4.1 Facilities for Compulsory HIV/AIDS testing of alleged perpetrators and specialized services

DOJ&CD provided funds to the Regional Offices to establish secure lockable facilities to secure applications for compulsory testing of alleged perpetrators

DOH designated facilities for HIV/AIDS testing country wide. Designated facilities are still to be published

Necessary forms are in place and can be used by applicants in terms of Chapter 5

• Courts have facilities to ensure protection of information in respect of implementation of Chapter 5 of the Act.

• Protection of privacy and identity of both applicants and alleged perpetrators

• Victims of sexual offences can apply for compulsory testing of perpetrators without fear for their details being made public

9


1





4.2 Contract Intermediaries and Court Preparation Officers are being appointed

DOJ&CD and the NPA are providing intermediary and court preparation respectively

• Progressive implementation of specialist services to victims of sexual offences especially children and mentally disabled persons

• Children are able to provide evidence in court in the language which they understand through the intermediary.

• Mentally disabled persons are provided with specialists intermediary services to facilitate their provision of evidence in court

• Victims are familiarised with the court environment, processes and language

10


1





4.3 Thuthuzela Care Centers, Forensic Medical Centers and One-Stop Centers are established by various departments

The NPA (SOCA Unit) established 25 TCCs for victims of sexual offences and domestic violence

The DOH designated 164 medical centres

Department of Social Development (DSD) established 8 One-Stop Centers

• One-stop centre for provision of services to victims as coordination of services

• The victim provides info/ evidence once to service providers thereby reducing the chances for secondary victimisation.• Physical evidence collected is secured at one place.• Progressive realisation of victim support and empowerment• Improved quality of evidence provided in a safe and friendly environment

11


1





4.4 Facilities are provided to dedicated sexual offences court rooms to hear sexual offences matters

One-way mirrors, audio visual facilities and intermediary rooms are being progressively established in all regional courts at dedicated sexual offences court rooms

• Children and mentally disabled persons provide evidence from a separate room from the perpetrator

• Progressive realisation of victim support and empowerment

• Improved quality of evidence provided in a safe and friendly environment

12


29 July 2010

1





5. Information Systems are being established

• Uniform list of all the old and new sexual offences as prescribed have been established

• Phase 1 of the National Register for Sex Offenders (NRSO) has been established and is being used to capture details of sex offenders found guilty of sexual offences against children or mentally disabled persons.

• Integrated Case Management System (CRIM) has been developed to provide data on sexual offences

• Basis for monitoring progress with the finalisation of cases from the old Sexual Offences Act of 1957 has been established

• Sexual Offenders details are contained in the NRSO

• Analysis of sexual offences cases is conducted on a quarterly basis to provide trends in respect of the administration and management of sexual offences

• Offenders convicted from June 2009 can be prevented from working with children or sectors where they are exposed to children.

• Basis for requesting the finalisation of the cases emanating from Sexual Offences Act of 1957 (old Act) to be fast tracked through the Case Backlog process.

13


1





6. Training of officials responsible for the implementation of Sexual Offences Amendment Act

• Integrated Training Manual is being finalised and has already been piloted.

• Training was conducted for officials rendering services related to the implementation of Sexual Offences Amendment Act• 402

Magistrates were trained from 2008 – March 2010

• Knowledge and understanding of the provisions of the Sexual Offences Amendment Act is built.

• Role players are aware of their roles and responsibilities and how they impact on the roles of other role-players.

• Improved capacity for the effective implementation of the Sexual Offences Amendment Act

14


1





(Continued) Training of

officials responsible for the implementation of Sexual Offences Amendment Act

• Training was conducted for officials rendering services related to the implementation of Sexual Offences Amendment Act

• 216 from DOJ&CD, DSD and Civil Society Organisations (CSOs) were trained from 2008 – March 2010

• 645 Prosecutors were trained • A substantial number of clerks were trained from 2008 – March 2010

• Knowledge and understanding of the provisions of the Sexual Offences Amendment Act is built.

• Role players are aware of their roles and responsibilities and how they impact on the roles of other role-players.

• Improved capacity for the effective implementation of the Sexual Offences Amendment Act

15


1





7. Communication and Public Awareness Intervention implemented being implemented by the departments

• Presentations have been made on several radio shows to promoting awareness of the Sexual Offences Amendment Act by the DOJ&CD.

• The Inter-Departmental Management Team coordinated by the NPA (SOCA unit) is focusing on human trafficking through the Tsireledzani Programme and the Red Card Campaign.

• Awareness of the Sexual Offences Amendment Act was raised and is ongoing

• Increased interest in the implementation of the Sexual Offences Amendment Act was raised in 2008/2009

• Young people’s interest was raised on the implications of the provisions of Sexual Offences Amendment Act in relation to young children. The specific clauses were referred to as “Kissing Clauses”.

• Children and communities can identify tactics and conduct of human traffickers and protect themselves

16


1





8. National Register for Sexual Offenders (NRSO)

• The Interim National Registrar for the NRSO was appointed to administer and manage the NRSO

• Phase 1 of the NRSO established the capturing of current convictions (from June 2009 to date)

• Challenges in the development of Phase 2 involving the capturing of historical data and vetting of applications for certificate are being addressed through inter-departmental committee on the NRSO and the Child Protection Register

• Administration and Management of the NRSO has a dedicated office

• Manual Processes are being developed to continue with the development of Phase 2 of the NRSO

• Advocacy for funding Phase 2 has led to the allocation of R30 mil for the upgrading of the AFIS System which will include the ability for it to support the NRSO

• Employers cannot use the NRSO at its current level of data

• Capacity to fast track the finalisation of the NRSO exist.

• Alignment of systems to avoid duplication and create synergies between the Child Protection register and the NRSO

• Solutions for problem solving are coordinated at inter-departmental level.

17


1




WAY FORWARD

• The National Policy Framework on the management of sexual offences matters (NPF) will be presented to the Minister of Constitutional Development, who in consultation with the Cabinet members responsible for Correctional Services; Safety and Security; South African Police Services; Health, Social Development and the National Director of Public Prosecutions, will table it Parliament for adoption.

• Progress Report on the implementation of Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) is being coordinated and will also be tabled in Parliament via the Minister of Justice and Constitutional Development in consultation with Cabinet members mentioned above.

• Phase two will be finalised within 18 months of beginning the upgrading of the AFIS System used in vetting and verifying criminal records. In the mean time a manual system for capturing historical data and vetting applications for certificates to determine whether an applicant’s details (when applying to work in an environment where there are children or mentally disabled persons) are in the NRSO, is to be used whilst the IT based system is being developed

• The NPF will provide clarity on roles and responsibilities and services being provided.

18


19

Thank YouThank You

briefing to the justice and constitutional portfolio committee

Documents