Finally! It looks like lawmakers are getting serious about sexual offences

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By Richard Anthony Chemaly

It seems as though for every rapist put behind bars, more assaults just happen the next day.

Similarly, with every person saved from being trafficked, dozens won’t be as fortunate. It’s been a mess of a response from policy makers, as they assumed the infallibility of their work. If you ask them, it simply must be that the courts and cops who are screwing up.

After all, human trafficking, rape, and robbery are illegal already, right? It’s not like one can make them more illegal in an attempt to stop them from happening.

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This view that our regulators had taken was exceedingly frustrating, so you can imagine the elation now that they’ve come to realise how policy change can potentially effect change.

What am I talking about?

Well, Cabinet has approved the submission of the Criminal Law (Forensic Procedures) Amendment Bill.

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Supposedly it provides mechanisms to enforce the taking of DNA samples from certain people. We’ll only know how it actually works when it is officially published as a bill through the legislative procedures, but this action by the Cabinet is exciting in and of itself.

Why is it so exciting? It shows two things. First, that the Cabinet is actively pushing some sort of solution that is more than paying lip service. More importantly though, it shows that the Cabinet may be starting to understand its role in the broader policy landscape of South Africa and how to play with the other kids in the playground.

Contrary to the belief of your Grade 2 nephew, the government doesn’t just make the rules. Parliament does, and government does what it can under them.

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ALSO READ: Statute of limitations on sex crimes removed

But, when you’ve been doing a job for so many years, you’re able to tell those who you report to what could be done to improve your department for the benefit of the company. The CEO doesn’t know that there are ten people waiting in reception on average at any given time and a vending machine could bring in more money, at least not until the receptionist tells them.

Similarly, Parliament isn’t hands on with the police, checking what the issues they face are.

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We have a whole minister for that. That minister forms part of the Cabinet and should be playing that connector role so you can imagine the excitement of a minister and Cabinet doing what is expected of them. Yay!

It’s been way too long and for many in our country, too late.

I have developed a gag reflex at every instance when some politician says something about gender based violence or dealing with offenses of assault. It was always just lip service and maybe, occasionally, led to a poster being put up at your local police station.

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This, however, could be a game changer but even if it’s not, even if it doesn’t pass through parliament, even if it gets blocked on constitutional review, just the idea of putting tangible policy ideas to paper is a step in the right direction.

One is never going to change broad social issues with simple enforcement (which we have a lack of by the way).

One needs to drive change by driving the policies surrounding that which they want to change. Since one can’t make rape any more illegal than what it is, one can and should make it easier for the ones who fight such social ills, to put up a solid fight.

Yes, balancing rights and such are vitally important and there could be something to be said for the privacy of somebody being forced to give a DNA sample. That isn’t the point though, at least not for now.

The point is that we’re finally seeing the government doing something that is thought out and may actually work…and that’s exciting

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Published by
By Richard Anthony Chemaly
Read more on these topics: ColumnsRichard Chemalysexual offences