Gentle Justice

Gentle Justice

justice
awaits
victims wait
for some

whilst Special Ones
and the blindly faithful
get their way
and get away

Gentle Justice
an escape
from the glare
of the public

Gentle Justice
is what you get
when you are

well-known
well-resourced
well-connected
(pockets well-lined too)

(this in spite of our
Constitution lauded
and our Bill of Rights
and the like
on paper)

Gentle Justice
a higher-up gets
during Women’s Month

his just reward
for knowing
his place

(no shoot first or
fight fire
with fire)

justice awaits
and victims wait

A legal NGO’s spokesperson on morning SAFM radio has it that our Rainbow Nation’s night-clubbing higher-up deputy-male has gotten himself “gentle justice”.

(Photo Credit: Joseph Chirume / GroundUp)

Sexual Offences Courts Matter, and Here’s Why

 

August is Women’s Month in South Africa, and so last week, to launch Women’s Month, and presumably `to honor’ women, two judges of the Pretoria High Court reduced to 20 years the life sentence of a man convicted of having repeatedly raped an 11-year-old girl, a girl he says he regarded as “a daughter.” The judges reduced the sentence because they determined that the 11-year-old girl “seemed to be a willing partner.”

What? What?!?

According to South African law, not to mention common sense, an eleven-year-old child is never a willing partner to anything. An eleven-year-old girl cannot give consent to sexual contact, and nobody gives consent to sexual violence. Period.

From start to finish, the decision is all wrong, and, yet again, one can only be outraged and, yet again, foment and rage and lament the betrayal. Or …

Or one can consider this abysmal case as the proof, if one were needed, that greater attention must be paid to serious investment in Sexual Offences Courts.

Alison Tilley began the week by asking, “Did you know we have only fifteen functioning sexual offences courts?” Last August, the Ministerial Advisory Task Team on the Adjudication of Sexual Offence Matters launched its Report on the Re-Establishment of Sexual Offences Courts. After a year of study, the task team issued a strong and clear report, with direct and clear recommendations: “In the final analysis, the report makes a clear finding that there is a need for the re-establishment of Sexual Offences Courts in South Africa … The Department must give priority to the immediate upgrading of the 57 regional courts that have been identified as being resourced closest to the Sexual Offences Court Model. This upgrading process must be done against available resources, and must commence in the 2013/2014 financial year.”

The original plan was to have 22 functioning courts by the end of 2013/2014 financial year. There are 15.

In South Africa, sexual offences courts began in 1993. By the end of 2005, there were 74 sexual offences courts. Little by little, the courts were closed because of “budget constraints.” The budgets weren’t `constrained.’ The legislators decided, with their wallets, that protection of the vulnerable just doesn’t matter all that much. It’s happened before, it’s happening again.

Last year, the discussion of Sexual Offences Courts was impelled by the torture of Anene Booysen. This year, perhaps, it will be moved by the judicial violence done to an eleven-year-old girl raped by a man who thought of her as “a daughter” and by a court, and court system, who didn’t think of her at all.

 

(This is part of a collaboration between Rape Crisis Cape Town Trust and Women In and Beyond the Global. The original, slightly different version can be found here. Thanks to Kathleen Dey and all the staff and volunteers at Rape Crisis Cape Town Trust for their great and urgent work.)

 

(Photo Credit: Local Media Unpacked)

Instead of Women’s Day, What About Women’s Enjoyment of Freedom Day?

 


In South Africa, August 9 is National Women’s Day, and August is Women’s Month. This August, the Tshwaranang Legal Advocacy Centre, a South African women’s rights and well-being organization has a simple and direct question for everyone, “So just how real are women’s rights?”

They began, publically, to answer that question yesterday, August 11, with a new report, “The Right & The Real: A Shadow Report Analysing Selected Government Departments’ Implementation of the 1998 Domestic Violence Act and 2007 Sexual Offences Act”. On one hand, the answer paints a dismal picture. Only 8% of police stations meet their obligations under the Domestic Violence Act. Compliance would include helping a victim to find shelter and obtain medical assistance, serving notice on an abuser to appear in court, arresting an abuser who breaks a protection order, and, critically, keeping records of domestic violence. Failure to comply means misconduct, and should result in various forms of sanction and punishment. It hasn’t. Police stations ignore their responsibilities with impunity.

In 2007, 57% of police stations were compliant. Now … less than 8%. That’s not a drop, not even a steep drop. That’s a nose dive.

The report focuses on the failure of the South African Police Services and the Department of Justice and Constitutional Development (which includes National Prosecuting Authority), as well as the Departments of Health, Social Development and Correctional Services. The press has covered this failure as a failure to protect women and women’s rights, which it certainly is.

But Tshwaranang’s analysis goes far beyond the failure to protect.

The real of women’s rights is more than, bigger than, and more profound than “protection”. The real of women’s rights is freedom, and specifically the enjoyment of freedom:

“South Africa’s Constitutional Court makes it clear that, `few things can be more important to women than freedom from the threat of sexual violence.’ So important is this right to be free from all forms of violence that, along with the rights to life and dignity, it imposes two sorts of duties on the state: the first obliging the state to refrain from acting in ways that infringe on these rights, and the second compelling it to develop legislation and structures guaranteeing those rights….It is not only sexual violence that constitutes a rights violation of the sort requiring state intervention: `Indeed, the state is under a series of constitutional mandates which include the obligation to deal with domestic violence: to protect both the rights of everyone to enjoy freedom and security of the person and to bodily and psychological integrity, and the right to have their dignity respected and protected, as well as the defensive rights of everyone not to be subjected to torture in any way and not to be treated or punished in a cruel, inhuman or degrading way.”

Imagine a South Africa in which all women are free to move around as they please, dressed as they please. Imagine a world in which all women are free to move around as they please, dressed as they please. Imagine a world in which democracy means the enjoyment of freedom. Instead of celebrating Women’s Day, what about Women’s Enjoyment of Freedom Day?

 

(Photo credit: Halden Krog / Times Live)