THE National Prosecuting Authority’s (NPA) Sexual Offences and Community Affairs Unit is confident that the three pieces of legislation that seeks to amend crucial provisions in the fight against gender-based violence (GBV) will enhance justice.
This follows President Cyril Ramaphosa signing into law, legislation aimed at strengthening efforts to end GBV, with a victim-focused approach to combating the scourge of GBV. These are the Domestic Violence Amendment Act; the Criminal Law (Sexual Offences and Related Matters) Amendment Act and the Criminal and Related Matters Amendment Act.
The GBV legislation impacts on the mandate of the NPA.
Advocate Bonnie Currie-Gamwo, the special director of Public Prosecutions for Sexual Offences Community Affairs (SOCA), said it requires the NPA’s Sexual Offences and Community Affairs Unit to develop directives of the mooted amendments by supplementing the national prosecution directives in respect of the legislation.
According to the NPA the Domestic Violence Amendment Act amends the principal Domestic Violence Act, 1998, by extending the definition of domestic violence to now include elder abuse, coercive behaviour and exposure of a child to domestic violence.
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Of importance, a prosecutor may not refuse to institute a prosecution or withdraw a charge in respect of any offence against a person in a domestic relationship where the perpetrator inflicts an assault of grievous bodily harm or dangerous wound against the complainant or a related person.
This also applies to where a complainant or related person is threatened with a weapon without the express authorisation by a senior member of the prosecuting authority, who is designated to give such authorisation, in writing by the Director of Public Prosecutions (DPP).
“This takes away any potential for arbitrary decisions by a prosecutor and adds more checks and balances to the process of dealing with such cases, for the benefit and protection of the victims,” said Currie-Gamwo.
The Criminal Law (Sexual Offences and Related Matters) Amendment Act extends the ambit of the offence of incest, introduces a new offence of sexual intimidation and regulates the inclusion of particulars of persons in the National Register for Sex Offenders.
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The National Register for Sex Offenders must now include the names of persons convicted of sexual offences where the victims are regarded as vulnerable persons with mental and physical disabilities or elderly people.
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“The NPA’s Sexual Offences and Community Affairs Unit welcomes the long-awaited new legislation aimed at strengthening efforts to end gender-based violence. The amendments are a step in the right direction. The unit is in the process of revisiting the policy directives to ensure that the NPA complies with the amendments and that there is an effective and efficient implementation of this legislation. These are groundbreaking amendments aimed at strengthening the victim-centred approach in our criminal justice system when we deal with cases of gender-based violence. It will ensure that the most vulnerable in our society are free to walk the streets without fear and to ensure that perpetrators no longer have the freedom to abuse victims with impunity in our society,” said Currie-Gamwo.
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