Politics

It is an honour and a privilege for me to begin my term of office by joining you here today at this important event that marks a milestone in the criminal justice system.
It is also pleasing that this court in Thembalethu opens so soon after President Mbeki reminded us that in terms of the Government's crime prevention strategy, combating violence against women and children is our priority. He committed the government to intensifying the programme of establishing more specialised sexual offences courts throughout the country.

Research shows that where we provide a specialised response to the problem of rape and related forms of sexual violence directed at women and children, our conviction rate is higher. But the majority of the reported cases are still heard in non - specialised courts and therefore a large number of victims/survivors are likely to be exposed to secondary victimisation and intimidation.

I am therefore pleased that Government is committed to building at least 50 more of these specialised Sexual Offences Courts in the next five years. Today we are launching two special projects, the Sexual Offences Court and the Thari integrated information portal, that seek to advance the fight for the rights of vulnerable members of our society, that is, women and children. Rape or any other form of sexual violence is the most abhorable and shameful deed in any given society, yet it is one of the most common social crimes in our country.
The opening of this specialised court is also firmly in line with the Department of Justice and Constitutional Development's commitment to building modern and user-friendly facilities such as this one, in areas where communities require improved access to justice and need justice related services the most. We therefore need to ensure that the facility equalisation programme is also extended to the roll out of our hugely successful and innovative specialised Sexual Offences Courts.
Over the last few years the Department has undertaken a crucial audit of the infrastructure in our courts, and from this we have undertaken to address the need for proper accommodation and other facilities in our courts, especially in the previously marginalised areas. We have therefore placed priority on the upgrading and building of new courts in areas such as Thembalethu.
In order to fulfil our contract with the people of this country for a better life for all, Government has undertaken to bring the majority of these facility projects to previously disadvantaged rural and urban areas of the country, where there is an acute need for courts and related facilities for the dispensation of justice. This will certainly enhance our reach and ability to provide improved access to justice for all.
However, let us remember that courts in themselves are not the only solution to the problem of sexual violence. For the courts to work and to make a real difference, we require that the communities in which these facilities are rooted to take ownership of them. For this special facility in Thembalethu to deliver effectively to the women and children of this town, we need close cooperation between government agencies and community organisations.
Why is it so important that all these stakeholders should cooperate? As most of you would know, there is still a prevalent culture of silence around rape because of the stigma associated with it. Victims, well known to the perpetrators, are often not encouraged by their families not to talk about their experiences, let alone report to the law enforcement authorities because of the shame that they feel this will bring to the family. This is most unfortunate because this closing of ranks and stony silence, only serves to encourage the perpetrators to continue boldly with their crimes unhindered and in the sanctity of the home.
It is a fact that rape often takes place in our homes between people that are well acquainted. It takes place between family members and neighbours. Because it is about power, social and economic power, a number of the rape cases that are actually reported are withdrawn very early on in the process.

It is for this reason that we need the active involvement of our communities in the ongoing fight against sexual violence. To uproot the scourge we need to eliminate the culture of silence around rape that is so widespread in our homes and our communities. I therefore certainly hope that the commitment displayed through partnerships between government and members of civil society will continue to ensure that this Sexual Offences Court that we open here today make a real difference in the lives of women and children of Thembalethu.

Sexual Offences Courts are meant to provide a dignified and speedy court process for women and children. Through their separate witness rooms and other special facilities women are protected from the intimidation of an open courtroom. We know that many sexually related crimes are not reported because women and children are fearful of suffering the further indignation of having to testify in court and relive the traumatic rape experience.
Sexual Offences Courts provides us with a perfect example of an effective cluster approach in service delivery. The Departments of Justice and Constitutional Development, Safe and Security and Social Development have recognised a common challenge and have jointly initiated programmes in Sexual Offences courts to address a common predicament. The various departments, NGOs and Community Based Organisations have assumed collective responsibility in ensuring a seamless delivery model aimed at improving the lives of women and children.
Before the development of this initiative, rape survivors would have been, more likely than not, subjected to secondary victimisation from the moment of reporting the case a police station to the conclusion of the case in the general courts. The Sexual offences courts therefore approach all rape cases with the necessary sensitivity needed to guarantee that survivors are treated humanely and thus enjoy the same constitutional protections offered to the perpetrators.

It for these reasons that project Thari became crucial, to form partnerships with civil society as we seek to make informed decisions in effectively managing sexual offences. Co-operation based on the sharing of knowledge and information, skills and expertise, experiences and resources is of vital importance. The high incidence of child rape in South Africa demands an urgent, sustained, reliable, information based strategy that ensures:

* Effective resource allocation and management within the Criminal Justice System (CJS) * Improved prosecution processes and conviction rates * Effective and widespread crime prevention. * Sufficient multi disciplinary collaboration to provide an effective service delivery

The introduction of this integrated information portal, where information is readily available and centralised, will also ensure that success stories achieved in our courts are properly communicated and marketed. Through this portal we are hoping to manage information to enable government to access and use current, focused data in the management of their strategies.

In conclusion, I would like to commend all who have been involved with the Sexual Offences Courts concept since its inception and recently the Thari project, for their dedication and wish you well in your continued efforts to make the model sustainable throughout South Africa.

Issued by: Department of Justice & Constitutional Development 28 May 2004

Source: Department of Justice & Constitutional Development (http://www.doj.gov.za) w

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