As the country joins the international community in observing the 16 Days of Activism Against Gender-Based Violence (GBV), the Congress of South African Trade Unions (COSATU) urges government to tackle the shortcomings within the criminal justice system. Whilst South Africa has made notable strides in developing policy and legislation to curb the scourge, the experienced defects by those who entrust the system to protect and vindicate them, discredits the applaudable efforts.
COSATU commends the state for necessitating a multifaceted approach in combating GBV, developing and strengthening laws such as the Domestic Violence Act (1998), the Sexual Offences Act (2007), and the Prevention and Combatting of Trafficking in Human Persons (2013) Act. Most importantly Parliament overhauled our sexual offences legislation tightening conditions for search and seizure, arrest and bail, trial and sentencing to maximise protections for survivors and the vulnerable.
Recently the National Council on Gender-Based Violence and Femicide Act was promulgated into law, to oversee government's response, across departments and spheres of governments. Such progressive legislation should be paired with fully capacitated response services to assist survivors, especially in the initial stages of reporting offences.
The Federation notes the slight decreases in rape (3.1%) and sexual offences (2.5%) between July and September of this year as opposed to the first quarter and commends Police Minister Senzo Mchunu, the women and men in blue, in particular members of our dedicated affiliate, the Police and Prisons Civil Rights Union (POPCRU) for the progress made in fighting the scourge of sexual violence. They do so for little pay, long hours, difficult and dangerous working conditions. The year 2023 saw a 22% increase to 111 South African Police Service (SAPS) members brutally murdered in the line of duty.
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The shortcomings in the system are well documented by gender-based violence survivors, ranging from the unsavory treatment of police officials to lack of sufficient protection from the perpetrators. It's not new. Findings by the Office of the Public Protector relating to the response services attests to these unfortunate lived experiences following a lengthy probe by the office confirming administrative deficiencies in the system.
It is unacceptable that among the Public Protector's findings, is the SAPS' delays in responding to domestic violence call-outs due to shortage of vehicles. Women are forced to serve interim protection orders on their abusers themselves, warrants of arrest are not issued despite all the evidence. Courts are also found to be lagging behind in dealing with the administration of justice for the victims. Such impunity cannot be normarlised. The courts and law enforcement must take violence against women and children seriously to speed up the pace at which the levels of GBV are eliminated, this would translate to proper resources and accountability.
The Federation further calls for the protection of children under siege from food poisoning. The death of a child due to contaminated food is a weekly occurrence. We appreciate the measures announced by President Cyril Ramaphosa in tackling food poisoning, however our children remain vulnerable. Although inspections have been increased, we reiterate the need for additional health inspectors to monitor food items at spaza shops, and for regular inspections to be the norm.
