It was a joyous day on Friday, 10 September 2021, when Parliament passed the Gender-Based Violence Bills. These are the Criminal and Related Matters, Amendment Bill, Domestic Violence Amendment Bill and the Criminal Law (Sexual Offences and Related Matters) Amendment Bill.
The three Bills were introduced in Parliament after a Presidential Summit Against Gender-Based Violence and Femicide (GBVF). This was in November 2018. The Summit was set to fast track the review of existing laws and policies on gender-based violence. It was also set to make them victim-centred, to ensure all other relevant laws respond to GBVF, revisit and fast track all outstanding laws and bills that relate to GBVF.
The Criminal Law Amendment Bill
The Criminal Law (Sexual Offences and Related Matters) Amendment Bill proposes amendments to the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. This being one of several legislative measures identified to strengthen SA’s response to GBVF. In particular, the legislation regulating the National Register for Sex Offenders (NRSO).
According to the government statement, “the Bill aims to expand the scope of the NRSO to include the particulars of all sex offenders and not only sex offenders against children and persons who are mentally disabled and to expand the list of persons who are to be protected to include other vulnerable persons, namely, certain young women, persons with physical, mental, sensory or intellectual disabilities and persons over 60 years of age who, for example, receive community-based care and support services, and increase the periods for which a sex offender’s particulars must remain on the NRSO before they can be removed from the register”.
The Domestic Violence Amendment Bill
The purpose of this Bill is to amend the Domestic Violence Act 116 of 1998. Also to “further provide for how acts of domestic violence and matters related thereto must be dealt with by certain functionaries, persons and government departments; and further, regulate obtaining of protection orders in response to acts of domestic violence”.
The Criminal and Related Matters Amendment Bill
The Criminal and Related Matters Amendment Bill aims to amend four Acts. These Acts are the Magistrates’ Courts Act 32 of 1944, the Criminal Procedure Act 51 0f 1977, the Criminal Law Amendment Act 85 of 1997 and the Superior Courts Act 7 of 2013.
“The Bill’s purpose is to amend the Magistrates’ Courts Act to provide for the appointment of intermediaries and the giving of evidence through intermediaries in proceedings other than criminal proceedings; amend the Criminal Procedure Act to further regulate the granting and cancellation of bail and the right of a complainant in a domestic-related offence to participate in parole proceedings; amend the Criminal Law Amendment Act to further regulate sentences in respect of offences that have been committed against vulnerable persons; amend the Superior Courts Act to provide for the appointment of intermediaries and the giving of evidence through intermediaries in proceedings other than criminal proceedings.”
All three bills have since been passed and have been sent to President Cyril Ramaphosa. Once he has approved it, the bills will be signed into law.
Media Statement: Parliament passed bills to fight GBV