Gender Based Violence - 3 related Acts of importance
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Sipho ShabalalaGender Based Violence - 3 related Acts of importance
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Sipho ShabalalaApril 2022
Self – Learning
Gender Based Violence (GBV) – 3 Acts of Importance
Criminal law (Sexual Offences and related matters) Amendment Act,
No. 13 of 2021
The Bill passed on 10 September 2021 and signed into law by the
President on 28 January 2022. Becomes Act 13 of 2021
(GG 45823 of 28 January 2022).
Criminal and Related Matters Amendment Act, No. 12 of 2021
The Bill passed on 1 September 2021 and sent for assent. - Bill signed by
the President on 28 January 2022 and becomes Act 12 of 2021
(Refer to GG 45822 of 28 January 2022). Proclamation awaited.
Domestic Violence Amendment Act, No. 14 of 2021
The Bill passed on 10 September 2021 and sent for assent. Bill signed by
the President on 28 January 2022 and becomes Act 14 of 2021
(Refer to GG 45824)
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Below related article from Cliffe Dekker Hofmeyer (while awaiting above
approval) :
https://www.cliffedekkerhofmeyr.com/en/news/publications/2021/Probono/pro-
bono-and-human-rights-alert-15-february-the-fight-against-gbv-three-new-
bills.html
15 February 2021, written by Brigitta Mangale, Kirsten Felix and Akhona
Mgwaba. Pro Bono & Human Rights Alerts:
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“The fight against Gender Based Violence (GBV) – three new bills
In an effort to strengthen the existing legislative response to GBV, President Cyril
Ramaphosa announced three bills that aim to better regulate the way
government departments, law enforcement and the courts respond to cases of
violence against women.
Our government’s response to GBV has resulted in significant developments in
our criminal law, in addition to the notable 2018 amendment of the Criminal
Procedure Act to do away with prescription in the context of criminal charges for
sexual offences. While these are all welcomed developments, our civil law lags
behind.
The fight against GBV – three new bills
The scourge of gender-based violence (GBV) continues to worsen each year,
and the effect of the COVID-19 pandemic and the national lockdown only
exasperated the horrors of the widespread nature of the GBV crisis in our
country. In the first three weeks of the national lockdown, the government’s GBV
and femicide command centre recorded over 120,000 victims.
In an effort to strengthen the existing legislative response to GBV, President Cyril
Ramaphosa announced three bills that aim to better regulate the way
government departments, law enforcement and the courts respond to cases of
violence against women.
These three bills were introduced by the Minister of Justice and Correctional
Services in the National Assembly in August 2020. All three bills are currently
before the National Assembly. Below are summaries of the most notable
changes brought about by each bill.
1. Criminal Law (Sexual Offences and Related Matters) Amendment Act
Amendment Bill
The bill aims to amend the Criminal Law (Sexual Offences and Related Matters)
Amendment Act (SORMA). It was introduced to Parliament on 19 August 2020,
and aims to make several changes - the most notable of which are to recognise
sexual intimidation as an offence; to expand the National Register for Sex
Offenders to include sex offenders beyond those convicted of sexual offences
against children and persons who are mentally disabled; requiring that the full
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name, surname, identity number and sexual offence also be included in the
Register, and providing for further regulation surrounding the reporting duty of
persons who are aware of sexual offences being committed against children.
This includes a person who has knowledge, reasonable belief or a suspicion, and
the failure to report this to a police official will result in the person being guilty of
an offence and liable on conviction to a fine or imprisonment for a period not
exceeding five years.
2. Criminal and Related Matters Amendment Bill
This bill was introduced into Parliament on 28 August 2020. It aims to amend the
Magistrates’ Courts Act and the Superior Courts Act to provide for the
appointment of intermediaries and the giving of evidence through intermediaries
and audio-visual links in proceedings on application by any party to proceedings
other than criminal proceedings.
Provisions will also be added to ensure that perpetrators of GBV are not released
on bail before their first appearance in the lower courts.
The bill also aims to introduce changes to the CPA to further regulate the giving
of evidence via closed-circuit television or similar electronic media and the right
of a complainant in a domestic related offence to participate in bail and parole
proceedings. This provides survivors or the relatives of a deceased victim the
opportunity to be heard before the court or the parole board before any decision
is made. In addition to allowing for an opportunity to be heard, being able to give
evidence via closed-circuit television also provides the victim with the added
protection of not having to be in the same room as the perpetrator.
3. Domestic Violence Amendment Act
This bill was introduced to Parliament on 7 September 2020, and seeks to make
five overarching changes which includes the broadening of the domestic violence
definition to include elder abuse, coercive behaviour, controlling behaviour and
exposing or subjecting children to listed behaviour. This is turn recognises these
forms of domestic violence and therefore widens the scope of the application of
the Domestic Violence Act.
The bill also provides for the online submission of protection orders and the
addition of the protection order to a central depository that stores other orders
and cases against the same person to prevent perpetrators from hiding their past
histories of domestic violence.
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Our government’s response to GBV has resulted in significant developments in
our criminal law, in addition to the notable 2018 amendment of the Criminal
Procedure Act to do away with prescription in the context of criminal charges for
sexual offences. While these are all welcomed developments, our civil law lags
behind. In line with our core focus on women’s rights, our practice is currently
pursuing what we believe to be the meaningful and significant development of
our civil law in relation to sexual offences, and we will continue to meaningfully
engage in further areas in need of development in our civil law. Our practice will
also keep a close eye on the progression of these three bills as well as further
significant developments in both the criminal law and the civil law space as they
pertain to GBV and sexual offences.”
By Brigitta Mangale, Kirsten Felix and Akhona Mgwaba. Pro Bono & Human
Rights Alerts
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