Minister of Justice and Constitutional Development, Mmamoloko Kubayi, has accepted memorandums from child protection organisations during a children’s march to the Constitutional Court on Sunday.
The march – jointly organised with the Gauteng Department of Social Development – was held as the country observed Child Protection Week and following the sentencing of three people in the human trafficking case of six-year-old Joshlin Smith.
“It is heartening to see children who are aware of their environment and willing to speak up about what is right and wrong. I appreciate the partnership with the Gauteng Department of Social Development and the NGOs [non-government organisations] who continue to bring the plight of our children to the forefront.
“Ordinarily, we used to worry about fathers who were molesting or raping children, and mothers seeking help. Now, we are seeing new patterns where mothers themselves are involved in the exploitation of children. This requires urgent societal introspection,” Kubayi said.
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The Minister highlighted that government is in the process of reviewing legislation, including the Criminal Procedure Act, to make these better suited to fighting gender-based violence (GBV).
“We are working to review the Criminal Procedure Act and conditions under the Parole Act, which were developed at a time when the scale of GBV was not as dire. These laws must evolve to meet the needs of today.
“We do not support the death penalty, but we firmly support life sentences with no parole for serious offenders. Rehabilitation must be weighed against the trauma suffered by the victims.
“We are monitoring how many GBV cases are opened daily, how many proceed to court, and how many lead to successful prosecution. This helps us understand where the gaps are and how to intervene,” she said.
She emphasised the importance of collaboration between law enforcement, communities and government in fighting the scourge of GBV.
“While justice takes care of the prosecution side, Social Development plays a vital role in family support, rehabilitation and community strengthening,” Kubayi noted.
In February, the South African Law Reform Commission (SALRC) released discussion documents into the Criminal Procedure Act of 1977 for public comment.
The act makes provision for procedures and related matters in criminal proceedings. The review of the legislation seeks to address systemic challenges in the Act, particularly in relation to provisions that deal with arrest, bail, alternative dispute resolution, and victim participation in the criminal justice process. – SAnews.gov.za
