‘Judiciary fails victims of GBV’ – Public Protector

In a resolute move against the pervasive shadows of gender-based violence (GBV), Public Protector Kholeka Gcaleka has unveiled a damning portrait of systemic failures plaguing South Africa’s justice system.

She found the department of justice and constitutional development at fault in relation to the protection of GBV victims.

Not kept in manner that supported victims

Gcaleka said 38 courts inspected were not kept in a manner that supported victims.

“The majority of courts do not have a proper filing systems and spaces,” she said.

“This was evidenced by files scattered on the floor in Mamelodi, Pretoria, Palm Ridge, Vereeniging, Johannesburg, Bellville and files kept in police cells at Ga-Rankuwa. The improper record-keeping by the courts has a negative impact on efficient service delivery and unreasonable delays when court users’ records cannot be located or retrieved.”

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The report revealed the SA Police Services (Saps) did not put adequate measures in place to respond to incidents of GBV.

“On the strength of the evidence adduced, it is evident more still needs to be done to adequately capacitate Saps members to deal with GBV victims in a more appropriate manner,” the report stated.

“Some police stations do not have Victim-friendly Rooms (VFRs) and victims of GBV are forced to relate the abuse they have suffered in crowded Saps stations,” it noted.

Nothing new found in report

However, Lisa Vetten, research associate of Southern Centre for Inequality Studies at Wits University, said nothing new was found in the report. She said these were complaints dating back to decades.

“But the recommendations are interesting because the public protector pointed to the underfunded nature of the court and how they are administratively not run as they should.”

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Vetten said the allocation of sufficient budget enables the government to create court buildings that are “acceptable and have space and promote people’s dignity, privacy and confidentiality”.

Gcaleka proposed a series of remedial actions to be implemented by the justice department and Saps.

Report welcomed

She assigned the department’s director-general to conduct an audit on the filing systems at the various magistrate’s courts and develop and upgrade the systems.

She assigned the Saps national commissioner to conduct a needs analysis for all police stations that do not have VFRs.

Themba Masango, secretary-general from Not In My Name International, welcomed the public protector’s report.

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