AUGUST/SEPTEMBER 2013
IKAMVA
6
Commentary
Sexual Offences Cour t Justice Minister Jeff Radebe visited Butterworth for the official launch of Butterworth Sexual Offences Court. After the launch of the court, the first of its kind in the province, Radebe addressed Tholeni residents.
Justice Minister Jeff Radebe
It gives me great pleasure to be here in the Community of Butterworth, as we launch this Sexual Offences Court. I am honoured to be in a village which is 30 km from the home of former President Mbeki and his late father Govan Mbeki in Dutywa and just 90 km is the home of our global icon, Isithwalandwe Tata Nelson Mandela, who is in the prayers of the whole world for his speedy recovery as he is lying in hospital. I am mentioning these stalwarts because it is not by accident that we are launching the first Sexual Offences Court here as their selfless sacrifices helped to create a just and right-based society founded on human dignity, equality non-racialism and non-sexism. It is also fitting that we have chosen this day and place to witness the dawn of a new era in our the Judicial System, ushered by the coming into effect today of the Constitution Seventeenth Amendment Act of 2012 and the Superior Courts Act No. 10 of 2013. The Constitution Seventeenth Amendment Act places our
Constitutional Court at the centre of our transformative jurisprudence. Through these amendments the powers of our apex court have been widened to deal with any matter of significance that is important for the advancement of our democracy. The Superior Courts Act, on the other hand, heralds a complete break with the past and set us on the path to a complete rationalisation of our courts so as to establish a judicial system suited to the requirement of Constitution. These two Acts epitomise the vision set out by our Constitution, of a democratic and free society where every person enjoys equal protection and benefit of the law. By strengthening our courts and providing for specialist courts in deserving areas such as sexual offences and gender-based violence we re-affirm our resolve to the advancement of the rule of law which underpin our constitutional democracy. Flowing from the enactment of the Superior Courts Act this morning I will soon be engaging with the Chief Justice and Heads of Courts to develop a comprehensive plan through which we will ensure that each Division of the High Court is adequately resourced and its areas of jurisdiction is re-determined in a manner that advances access to justice. The envisaged plan will result in the transformation of the High Courts, including in the Eastern Cape Province in order to remove obstacles to access to justice which are inherent in the judicial boundaries of the defunct self-governing
LETTERS
states and homelands. The re-establishment of the sexual offences courts on the 6th of August came against the backdrop of the work of the Ministerial Advisory Task Team on the Adjudication of Sexual Offences Matters (MATTSO) which I commissioned to investigate the viability of re-establishing sexual offences courts. The establishment of the Ministerial task team was prompted by the realisation that it is crucial to listen to what then sounded like a ground swell of voices of concern from Parliament, Non-Governmental Organisations and the Committee on the Elimination of All Forms of Discrimination Against Women about the “demise” of Sexual Offences Courts. It was not only these voices that disturbed me, but the knowledge that the Constitution guarantees equal protection of the law and security of the person, in particular the most vulnerable in our society namely, women, children, mentally disabled persons and Lesbians Gays Bisexual, Transgender and Intersex (LGTBI) persons who are disproportionately experiencing sexual violence in our country. I am pleased to announce that following the report and recommendation of the Ministerial Task Teak, the Department was able to identify 57 Regional Courts that meet the requirements to be dedicated as Sexual Offences Courts. These courts are being equipped with the necessary IT architecture which includes CCTV’s and the requisite human resource capac-
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The killing of security officer at Butterworth mall on July 30
Eish I am sooo traumatised by ths, I was right there when this happened too .... Am askin my self why not shoot the security somewhere else but not in the head? Why shooting the head??? *traumatised for year* and the police came late. We really live in a cruel world. Amanda Mngeni
What I didn’t like at that time, is that esa security sabalekayo sangena kwenyi shop next to Cheesa Nyama sona kwakutheni singadubuli savele sabaleka,and u driver yena wenza mistake ngovele angavuli imotor ngoba lo wayephethe imali wayebalekela emotweni,qha u driver wavala. I was there. yababuhlungu lanto. Vuyo Gwadiso
Yhooooooooo I was there...yhooooo ibibuhlungu ke kanti...ezizinja zogqiba zakhwela imoto zaphela emehlweni Siphokazi Jim
Ibuhlungu lento iworse kuthi bantu abayibonileyo, andikwazi nolala mna ngoku
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ity for these courts to function optimally. These are courts that have most of the resources that are required to be established in terms of the revised Model. The Criminal Justice System is being revamped to ensure that there is adherence to the law and respect for the rule of law Radebe is Justice Minister
Can’t put my finger on it The month of August puts a lot of women and children issues on the spotlight by raising the challenges they face, the violence they leave under but also highlight and celebrate the progress they have made. In this edition Ikamva wishes to salute all women that make it their concern to not only look after their families but the whole village. In our last edition we reported on the poor state which the Butterworth monument is in and it’s refreshing to see that municipal law enforcement is acting on the matter but this is not enough as the problem still continues. It should not only be an issue of reaction by the municipality but part of bylaw enforcement. Butterworth was abuzz with media descending to the town for the relaunch of sexual offences court and the horrible Tholeni serial murder trial set for the 26th to the 30th August. Though the suspect pleaded guilty to all charges, this has left a bitter taste to many because we will never know why and what led to the murders. Can this be justice? Will the victims ever have closure not knowing why this happened? Has justice been served? One can only imagine how the families feel. It is sad moments like these that leave us in a quagmire in that do we accept and move on? What more can or should be done? The 2004 victim’s charter in the department of Justice and constitutional development national implementation plan emphasizes the importance of ensuring that victims are protected and supported throughout the criminal justice system. Is there any justice in this case? My view is a big “NO” the families will never have peace not knowing what really happened. What is most sad about this case is that it did not allow scrutiny of evidence, the suspect only submitted a guilt closing any room to find out more of why he did what did. Can we then really say justice was fair for the people of Tholeni, who am I to say? Ikamva invites you to comment on this on our facebook page ikamvalasegcuwa. Join us in traditional matters project. De siphinde sibonane. Enkosi.
Sivuyile Mbatha EDITOR Ikamva Lase Gcuwa 16a Kilimanjaro Building King Street Butterworth 4960 Email: sivuyilemb@gmail.com