Lamola welcomes amended laws addressing ‘toxic masculinity’

Minister of Justice and Correctional Services Ronald Lamola commended the National Assembly on Wednesday after it passed two new legislative amendments, one of which would see an end to the 20-year time limit to prosecute rape and other serious crimes.

“The minister welcomes the progressive steps taken by the National Assembly of the 6th Parliament to pass two amendment bills to remedy laws which have both had deeply layered patriarchal effects on our society,” the ministry said in a statement on Wednesday.

The amendment bills, namely the Prescription in Civil and Criminal Matters (Sexual Offences) Amendment Bill and Recognition of Customary Marriages Bill (RCMA), form part of a series of various legislative amendments and bills which will be placed before parliament for consideration.

“As our constitutional democracy evolves, it must expeditiously address toxic masculinity which still exists and simmers at the core of our society,” the ministry added.

In the Sexual Offences Amendment Bill, section 18 of the Criminal Procedure Act, 1997 (Act 51 of 1977) provides that after a period of 20 years, the prosecution of certain crimes is no longer possible due to the lapse of time.

“These exclusions included certain common law sexual offences, such as sexual assault. The new amendment bill provides that all sexual offences may be prosecuted regardless of the lapse of time.

“Many survivors suffer in silence and either never disclose the offences at all – with the perpetrator escaping all consequence – or they only disclose over varying periods of time,” the ministry said.

The ministry said it believes that amendments will encourage survivors of sexual offences to report these matters, even if the incidents took place many years ago, so that perpetrators of sexual offences are not met with impunity.

“It means that these crimes can be prosecuted irrespective of when the crime took place,” the ministry said.

The RMCA Bill, therefore, gives rights to woman to be more equal in traditional marriages.

Since parliament failed to rectify the RCMA as ordered by the Constitutional Court in the Ramuhovhi and Others vs the President and Others case, the interim order from the court became final on 30 November.

This means that spouses in monogamous customary marriages and polygynous marriages entered into before the commencement of the RCMA now have equal rights, equal ownership and other rights over marital property which were originally reserved solely for the husband.

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