TCC statistics for the period April to December 2023 in the 2023/24 Financial Year (FY) versus the same period for the previous FY (2022/23):

1. Matters reported at the sites (with victims receiving the TCC-services at sites):

2023/24 FY

2022/23 FY

29 492 (an increase of 1770 matters or 6.4% on the previous FY).

27 722

Of these matters reported, 24 250 (83.1%) are on sexual offences and 3668 (12.4%) are on domestic violence related matters. The domestic violence matters reported relates to an increase of 27.2% versus the previous FY.

2. Conviction rate of TCC reported and prosecuted cases:

2023/24 FY

2022/23 FY

77.5% (with 1298 cases finalized and 1006 convictions). This is an increase of 1.5% and 165 cases versus the previous FY.

76% (1133 cases finalized with 861 convictions).

3. Sentencing of TCC finalized cases:

2023/24 FY

2022/23 FY

Life imprisonment (Number of these sentences imposed by courts) 160 (decrease of 17 in previous FY).

Life imprisonment (Number of these sentences imposed by courts) 177

20 -25 years imprisonment (Number of these sentences imposed by courts) 118 (same as previous FY).

20 -25 years imprisonment (Number of these sentences imposed by courts) 118

10 -19 years imprisonment (Number of these sentences imposed by courts) 328 (increase of 32 on previous FY).

10 -19 years imprisonment (Number of these sentences imposed by courts) 296

Number of accused sentenced: 1088 (an increase of 210 or 23.9% on the previous FY)

Number of accused sentenced: 878

16.The South African Police Service provides the following training programs that support the prioritization of women, youth, and persons with disabilities:

(a)Basic Course in Hostage and Suicide Negotiation;

(b)National Victim Empowerment Training Programme;

(c)Children and Youth at Risk;

(d)Human Rights in Policing Programme;

(e)First Responder to Sexual Offences Learning Programme;

(f)Sexual Offences Course for Investigating Officers;

(g)Domestic Violence Learning Programme (new);

(h)Resolving of Crime Learning Programme;

(i)Vulnerable Groups Learning Programme;

(j)Family Violence Child Protection and Sexual Offences Learning Programme.

B.Follow-up information relating to paragraph 10 (c) of the concluding observations

17.To strengthen victims support services, South Africa is currently processing the Victims Support Services Bill for cabinet approval.

18.The proposed Bill seeks to provide a framework to guide and inform the provision of integrated and multi-disciplinary services for victims of violent crimes; and co-ordinate all activities and services by government departments in the Justice, Crime Prevention and Security Cluster as well as in the Social Cluster, to provide more efficient and effective services. The legislation will address gaps in all existing victim support services related legislations such as Domestic Violence Act which is silent on the role, management and registration of shelter services for victims of violent crimes. It will assist with monitoring the quality of services rendered within the victim support services’ sector and in addressing the scourge of violent crimes and improve referrals.

19.To strengthen the victim support services, the Department of Social Development has embarked on a project of conversion of unused Government properties into shelters for victims of GBV, working with the Department of Public Works and Infrastructure. The project is ongoing, and buildings are being identified in all the nine provinces for allocation to the Department of Social Development. The project management team comprising of national and provincial representatives of the two departments are also ensuring that local by-laws are strictly adhered to during occupation and conversion for operationalization as GBV shelters.

20.Shelters that are managed by the Non-Profit Organisation (NPO) sector receive subsidy from the Department of Social Development to provide shelter services. The funding is administered in line with the Public Finance Management Act, 1 of 1999 and the Department of Social Development’s Sector Funding Policy (SFP) which has recently been reviewed and approved. Capacity building of officials on the Sector Funding Policy is ongoing to acquaint them with the provisions of the Policy which in turn will improve efficiencies in the management of transfers to NPOs.

21.The Department of Social Development has also sourced funding through the National Lotteries Commissions, Criminal Assets Recovery Account (CARA) funds; and developmental partners such as the European Union and Global Fund to support GBV Shelters.

C.Follow-up information relating to paragraph 28 (e) of the concluding observations

22.There is currently an Inter-Ministerial Committee on GBVF established in the country and comprises approximately 8 Ministers whose mandate involves issues of addressing GBVF.

23.Unfortunately, at this stage there is no Inter-Ministerial Committee for the coordination of Women’s Rights reporting obligations and follow up on implementation of concluding observations. However, there was a Cabinet approved structure established that was co-chaired by the Department of International Relations, the Department of Justice and the South African Human Rights Commission with the responsibility to oversee the country’s implementation of and reporting to international commitments and compliance issues. Due to technical challenges, this Committee is no longer functional.

24.However, this matter is being addressed. The process of establishing a committee for the coordination of reporting obligations is at an advanced stage in South Africa. The process of establishing an Inter-departmental Committee on Treaty Obligations (Inter-departmental Committee) is awaiting cabinet endorsement. The proposed Inter-departmental Committee will be co-chaired by the Department of Justice, Department of Women, Youth and Persons with Disabilities, and the Department of International Relations and Cooperation.Other key departments to form the Committee include those who play major roles on compliance with treaty obligations:Departments of Labour and Employment; Social Development; among others in the country (country reports revolve around these departments in terms of RSA treaty obligations).

D.Follow-up information relating to paragraph 34 (b) of the concluding observations

25.In terms of section 17. (1) of the Marriage Bill (2023),“Any person who enters into a marriage with a person who is not at least 18 years of age, or any person, other than a child, who participates knowingly in such a marriage, shall be guilty of an offence and liable on conviction to a fine or in default of payment, to imprisonment for a period not exceeding 5 years or to both such fine and such imprisonment”.

26.Harmful practices including Ukuthwala, and female genital mutilation are criminalised in South Africa. The following legislations criminalises these practices, having sex with a child without her consent, following her kidnapping and abduction (Ukuthwala), constitutes rape in violation of the Criminal Law (Sexual Offences) Amendment Act, 2007 (Section 15). This Act, which is known as the Sexual Offences Amendment Act, 2007, prohibits sex with a person without their consent. Regarding a child, the age of consent is 16 meaning that sex with an under-16-year-old is statutory rape. Sex with a child that is 12 years and below is considered as rape as a child of that age is legally incapable of consent. The Act also prohibits other sexual activities with children (sections 16 and 17), including sexual grooming (Section18). Section 17 of the Sexual Offences Amendment Act, 2007 prohibits the sexual exploitation of children by parents and others. Parents or relatives and others who collude in or aid and abet the Ukuthwala of a girl-child commit the crime of sexual exploitation of children. These parents and relatives also face being charged with Trafficking in Persons under Section 71 of the Sexual Offences Act.

27.According to the Prevention and Combating of Trafficking in Persons Act, parents, and relatives that hand over a child into forced marriage for financial or other gain can potentially be prosecuted under Section 4 read with Section 1 of the Act. The Act prohibits the recruitment, sale, supply, procurement, transportation, transfer, harbouring, disposal, or receipt of persons by means of the use of threat, force, intimidation, or other forms of coercion; or by abusing vulnerability, for the purpose of exploitation.

28.The customary Initiation Act of 2021 prohibits initiation of children between the ages of 16 and 18 years. In terms of section 12 (3) of the Children’s Act, genital mutilation or circumcision of female children is prohibited.

29.It must be noted that all known cases of ukuthwala and female genital mutilation are investigated, that perpetrators are prosecuted and adequately punished, and that women and girls in such unions have access to protection, including adequate shelters and victim support services. There are case laws as evidence to this.