President Cyril Ramaphosa announced a raft of measures in September to better deal with the scourge of abuse and rape, including additional funding of R1.1 billion in the current fiscal year.
The issue was brought into sharp focus by large protests outside parliament against the very high rate of rape and femicide in South Africa. The protests were triggered by the murder and rape of University of Cape Town student Uyinene Mrwetyana in the Clareinch post office in Cape Town, and the murder of female boxing champion Leighandre “Baby Lee” Jegels in Peddie in the Eastern Cape, allegedly by her boyfriend.
Ramaphosa said the re-directed R1.1 billion was a comprehensive response to such abuse, which had now reached crisis proportions.
The government would re-direct resources to improve the functioning of sexual offences courts. Funding has already been approved for the establishment of an additional 11 sexual offences courts over the coming financial year.
There is little to suggest that there is the institutional capacity to make any difference. During his disastrous reign in 2007 and 2008, Jackie Selebi shut down sexual offences courts, along with other specialised courts. They were reopened in 2013.
Ramaphosa said a broader strategic plan to address rape and abuse of women was being finalised.
The emphasis would now be on how to prevent abuse against women; strengthening the criminal justice system; enhancing the legal and policy framework; providing adequate care, support and healing for victims of violence; and improving the economic power of women in South Africa.
“While it has its own specific causes and features, gender-based violence reflects a broader crisis of violence in our society,” said Ramaphosa, adding that the extraordinary and immediate response needed to turn the tide against such violence and femicide would need to be matched by a substantial and urgent re-allocation of resources.
“We will propose to parliament the necessary legislative changes to ensure that,” said Ramaphosa.
Yet, there is little chance that strengthening the criminal justice system or the legal framework, or providing harsher sentences, will do much if anything to counter this scourge.
The latest annual crime statistics, released in September, showed a major escalation in violence to the highest level in a decade. A total of 179 683 crimes against women were reported. It is thought that only 1 in 9 crimes against women are reported at all.
In 2018, the Department of Justice reported an “all-time high” conviction rate of 72.7% in sexual offences cases. But this rate reflected just 5 004 convictions – roughly ten percent of the 50 108 cases reported to the police in 2018. A verdict was returned in only 6 878.
In 2012, the department undertook to create 106 sexual offences courts over ten years. Between 2012/13 and 2017/18, 74 courts were created. Not all are proper sexual offences courts: some are hybrids, or courts that perform other functions and generally don’t have the facilities required.
The model for such courts is unattainable in many cases because of the costs.
A study of case outcomes in five sexual offences cases found that, on average, the cases were postponed 10 times.
So it would not be unduly cynical to say that, based on past experience, the justice system is not going to be ramped up, soon or competently. The same old rabbit is pulled out of the hat in response to increasing levels of violent crime – increasing the harshness of sentences. The hoary problem pertains; if there is little chance of being caught and convicted, sentencing provides little or no disincentive.
The president also said that by tackling unequal economic power dynamics, the government could reduce the vulnerability of women to abuse. Thus, he said, the government would continue to prioritise women when it came to access to employment, training opportunities and procurement of services.
“We call upon the private sector to do the same. The government is committed to reach its target to set aside 30% of the value of its procurement for women-owned businesses, and to progressively increase that to 40%.”
One of the major problems the president has to confront in this proposal, however, is an economy that is stagnant, with no job growth.
The government also acknowledges that the high level of violent crime in South Africa has had a negative effect on the economy and deterred tourism and foreign investment.
While economic empowerment does give women greater options for escaping abusive relationships, it doesn’t begin to deal with the myriad issues that contribute to abuse.
There is one thing the government can do to prevent abuse, rather than having to deal with the aftermath; it can help to ensure that boys don’t grow up regarding women as their property to do with what they will. This is where schools are a particularly important site in dealing with anti-female attitudes.
It has been found that until the ages of 13 or 14, boys have positive attitudes towards women. From 15, these attitudes tend to become negative depending on the influences of other males around them. By 18 or 19, it is almost too late to change attitudes.
It is vital therefore that provincial education departments look to implementing programmes for 13- and 14-year-old boys to strengthen their positive attitudes to women and to inculcate respect for them.
Girls should be educated in self-defence, how to stand up to abusers, and how to report abuse.
South Africa could learn from programmes in other African countries. What is important is trying to prevent the development of attitudes in young men which can result in their abusing women because they see them as inferiors.
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