Media Statement: Committee on Justice and Constitutional Development Commends Public Protector on it’s Gender-Based Violence (GBV) Report

The Portfolio Committee on Justice and Constitutional Development today commended the Office of the Public Protector (PPSA) for a comprehensive report on its systemic investigation into administrative deficiencies relating to gender-based violence (GBV) in the South African justice system.

Committee Chairperson, Mr Xola Nqola, said the report’s quality is evident when members unilaterally commend the sterling work done across parties.

The committee heard that the report focused on three key institutions – the Department of Justice and Constitutional Development (DoJ&CD), the South African Police Service (SAPS) and the Department of Social Development (DSD).

The PPSA inspected 38 courts across all nine provinces, interviewed court users and staff, engaged with NGOs, inspected the gender-based violence command centre (GBVCC), inspected the GBV Shelter – the Mali Martin Polokengong Centre, and received written submissions by DOJ&CD, SAPS and DSD.

Regarding their findings, the PPSA said that of the 38 courts inspected – bar the Point Branch Family Court in KwaZulu Natal – none were kept in an operational manner that supports efficient service delivery in terms of legislation. The court buildings were found to be old and dilapidated.

Some recently renovated courts have structural defects with cracked walls and leaking roofs. Several courts visited do not have private/sufficient consultation rooms, and clerks of the court consulted with victims in shared small offices. Most of the courts do not have proper filing systems and space. In some places, files were scattered on the floor. Long queues and inconsistent timelines were also flagged.

The committee heard that in terms of remedial action, the DOJ&CD must, within 180 days, conduct an audit of all courts as established in terms of the Magistrate’s Court Act to determine their infrastructure needs/upgrades/renovations. Within 210 days, the department must audit the current filing systems at the various Magistrate’s Courts and develop/upgrade their filing system in line with the National Archives and Record Services’ Regulations.

Regarding the SAPS, the PPSA said victims are being sent to courts without receiving medical attention, and the clerks of court are then forced to arrange for such services. This is contrary to the Domestic Violence Act (DVA) and the SAPS National Instruction 7 of 1999. Also, applicants are often left on their own to serve protection orders on the respondents, thereby making them vulnerable to further attacks despite the DVA providing for servicing of protection orders by hand by a clerk of the court, sheriff and a peace officer.

SAPS must develop and submit a collaboration plan between SAPS and DSD within 180 days to provide support services to victims of GBV, such as trauma counselling, referral to shelters, and any other effort within this ambit.

In terms of the DSD, the committee heard they have 180 days to submit a detailed project plan to determine the GBVCC’s human resource needs and develop a plan with clear timelines indicating how the capacity constraints in the GBVCC will be addressed and how the need for additional shelters will be addressed.

Mr Nqola said the committee requested that the PPSA provide updates on the implementation of its recommendations. “We commend this excellent work. It is important to remember that the remedial actions of the PPSA are binding on all stakeholders.”

Distributed by APO Group on behalf of Republic of South Africa: The Parliament.