Question NW2198 to the Minister of Justice and Correctional Services

Reply:

a) During this financial year the Department of Justice and Constitutional Development has planned to establish eighty (80) sexual offences courts (SOCs) in terms of section 55A of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) (the Act). This will be the first batch of the section 55A SOCs established in line with the resource specifications of the Regulations relating to Sexual Offences Courts. Many of these courts have been drawn from a pool of courts previously referred to as the MATTSO Sexual Offences Courts in order to bring them into compliance with section 55A of the Act, which requires all sexual offences courts to be established at courts designated by the Minister of Justice and Correctional Services, by way of notice in the Gazette. Below is the list of the planned eighty (80) sexual offences courts:

Regional Divisions	Sexual Offences Courts to be established	No. of SOCs
Eastern Cape	Dimbaza, East London, Port-Elizabeth	3
Free State	Bethlehem, Bloemfontein, Botshabelo, Brandfort, Ficksburg, Harrismith, Koffiefontein, Kroonstad, Ladybrand, Parys, Phuthaditjhaba, Thaba’Nchu, Welkom, Wepener, Zastron	15
Gauteng	Benoni, Booysens, Kagiso, Krugersdorp, Palm Ridge, Pretoria, Pretoria North, Randfontein, Roodepoort, Tembisa, Tsakane, Vereeniging	12
KwaZulu-Natal	Durban, Umlazi, Empangeni, Madadeni, Ntuzuma Pietermaritzburg, Pinetown, Scottsburgh	8
Limpopo	Giyani, Mahwelereng, Mankweng, Morebeng, Sibasa	5
Mpumalanga	Ermelo, Middleburg, Mbombela, Piet Retief, Secunda Mdutjana, Thulamahashe	7
Northern Cape	Kimberley, Upington, Springbok, Kathu, Kuruman Barkley West, Colesburg, Galeshewe, Fraserburg Kakamas, Postmansburg	11
North West	Potchefstroom, Ga-Rankuwa, Klerksdorp, Rustenburg Moretele, Mmabatho, Tlhabane	7
Western Cape	Atlantis, Bredasdorp, Cape Town, Khayelitsha Mitchells Plain, Oudtshoorn, Paarl, Parow, Plattenberg Bay, Thembalethu, Worcester, Wynberg	12
TOTAL	80

However, this list is not cast and stone as the caseload of sex crimes in a particular court is often unpredictable.

b) What progress has been made in respect of the establishment of each of the specified courts?

• I have received a letter of concurrence from the Chief Justice for the designation of nine (9) courts for the regional divisions where the 80 sexual offences courts will be established in terms of section 55A(2)(a) of the Act;
• In terms of section 55A(2)(b) of the Act, the National Director of Public Prosecutions has also responded in writing to the letter of the Minister in support of the designation process;
• The National Guidelines for the Establishment of the section 55A Sexual Offences Courts were developed with the judiciary, National Prosecuting Authority, Legal Aid South Africa and the civil society organisations, and were approved by the Minister. The Guidelines include a Checklist to verify resource compliance with the Regulations relating to Sexual Offences Courts;
• The Provincial Heads have submitted signed Checklists for the resourcing of each court falling under their respective provinces;
• A draft Gazette Notice for the designation of courts has been vetted by the Office of the Chief State Law Advisor, and is awaiting Minister’s approval. The SOCs will be established as soon as the Gazette Notice is published, as required by the Act.

END