Report of the Portfolio Committee on Women, Children, Youth and People with Disabilities on oversight visit held in Limpopo Province from the 04 – 06 August 2010 dated 12 March 2014

The Portfolio Committee on Women, Children, Youth and People with Disabilities, having undertaken an oversight visit to Limpopo Province reports as follows:

 

1. Introduction

 

The Portfolio Committee on Women, Children, Youth and People with Disabilities undertook an oversight visit to the Limpopo Province from 04 – 06 August 2010. The Committee met with the Thohoyandou Victim Empowerment Programme, Sibasa Sexual Offences Court, Thuthuzela Trauma Centre based at Tshilidzini Hospital, Thohoyandou Police Station, Trauma Centre based at Donald Fraser Hospital and Projects funded by the National Youth Development Agency (NYDA) such as Gym4U, Mvelelo Graphic Design and SARMASH Trading.

 

2. Objectives

 

The objectives of the visit were to assess the services of the Department of Justice and Constitutional Development and Police and the impact of the youth projects funded by the National Youth Development Agency (NYDA).

 

3. Delegation

 

The delegation of the Committee comprised the following:

 

African National Congress (ANC)

 

Ms P Petersen – Maduna

Ms D Ramodibe

Ms B Thompson (leader of the delegation)

Ms GK Tseke

 

Democratic Alliance (DA)

 

Ms P Duncan

Ms D Robinson

 

Congress of the People (COPE)

 

Ms SP Rwexana

 

United Christian Democratic Party (ACDP)

 

Ms IC Ditshetelo

 

The Committee was accompanied by the following Parliamentary officials

 

Ms N Nobatana, Committee Secretary, Committee Section

Ms K Abrahams, Committee Researcher, Research Unit

Ms C Levendale, Committee Researcher, Research Unit

Mr Johnny van der Westhuizen, Committee Assistant, Committee Section

 

The Committee met with the following delegation:

 

Ms F Nicholson, Programme Director, Thohoyandou Victim Empowerment Programme (TVEP)

Mr M Tshilidzi, Manager: Access to Justice Cluster, TVEP

Mr MA Kwinda, Clinical Manager, Donald Fraser Hospital

Mr E Mulaudzi, Acting Chief Executive Officer (CEO), Donald Fraser Hospital

Dr NN Mukwevho, Clinical Manager & CEO, Tshilidzini Hospital

Major – General NJ Baloyi, Thoyoyandou Cluster Commander, South African Police Station

Colonel DL Luvhengo, Commander Vispol, South African Police Service

Mr R Weideman, Chief Prosecutor, Sibasa Sexual Offences Court

Mr J Makhado, Owner (Gym4U), National Youth Development Agency (NYDA)

Mr L Ravele, Owner (Mvelelo Graphic Design), NYDA

Ms MS Mudau, Owner (SARMARSH Trading), NYDA.

 

4. MEETING WITH THOHOYANDOU VICTIM EMPOWERMENT PROGRAMME (TVEP)

 

The Committee was welcomed by the programme director and the trustee of the empowerment centre. A brief background was provided to the Committee on the establishment of the empowerment centre. The Committee was informed that the centre is operated by 30 staff members and 46 local volunteers who assist in the building of the in house capacity. The objectives are as follows:

 

 

The organisation has assisted 40 rape victims and 80 domestic violence cases every month since opening in 2001.  58% of all rape survivors are children and 38% are under the age of 13 according to the centre. It received funding from the Department of Social Department but that was considered to be inadequate. The Centre was assisted by trustees in terms of paying rent and services such as water for offices.

 

5. SIBASA SEXUAL OFFENCES COURT

 

The Committee was addressed by Mr Weidemann, Chief Prosecutor of the Court. Mr Weidemann informed the Committee that the court was no longer a sexual offences court but was dealing with rape cases. In terms of staff, the court has 1 contract magistrate dealing with old and new cases, 1 control prosecutor and 2 prosecutors. The Committee was informed that the court deals with cases of domestic violence. Domestic violence cases are also dealt with in different magistrate courts. In terms of withdrawal of cases, the Committee was informed that the court does not have records of withdrawals of cases. Regional Courts have records of such withdrawals. The Committee was informed that the court had 410 cases of rape for 2009. Out of the 410 rape cases, 99 cases were postponed, 127 were withdrawals, 44 people were found guilty, 102 not guilty and 14 warrants of arrest were issued. In terms of reasons for withdrawal of cases, the Committee was informed that cases were withdrawn due to the request by the complainant, cases not properly investigated and others are withdrawn by the Prosecutors. The major problem highlighted was the shortage of staff. The Court had two vacancies for Prosecutors and applicants who applied were rejected because the applicants did not apply for the appropriate court e.g. Sibasa Court. The court is also not well resourced in terms of offices and computers. The issue of shortage of social workers was highlighted but the Committee was informed that the Department of Justice and Constitutional Development was dealing with the issue.

 

6. TSHILIDZINI THUTHUZELA TRAUMA CENTRE

 

The Tshilidzini Thuthuzela Trauma Centre deals with victims of domestic violence. It is accommodated at Tshilidzini hospital. The Committee visited the centre and were later addressed by Dr Mukwevho.  The doctor informed the Committee that the hospital offers the following services to victims of domestic violence:

 

·         Debriefing to victims of abuse;

·         Examine victims when in hospital and offer them medical supplies;

·         Refer victims to social workers, police officials and to the Department of Justice and Constitutional Development for assistance; and

·         Provide short term accommodation to victims of domestic violence.

 

The Committee was informed that the hospital collaborates with the Department of Police which assist victims in terms of transport to courts and making statements to police officials. The hospital works with the police officials in terms of transporting victims from their home to the hospital. Furthermore, the Committee was also informed that the hospital and the trauma centre handles about 40 rape cases per day. The number of rape cases is also determined by the time of the month i.e. these incidents happens towards the end of the month. The Committee was informed that mostly girls are sexually assaulted and mostly boys from prisons are sexually assaulted. Between May – July 2010, the following rape cases were reported:

 

May: 36 cases were reported, 1 male and the rest were females range from 6-82 years old.

June: 32 cases reported, aged between 5 – 13 years and the oldest was 80 years old.

July: 2 males, 5 year old child and a person with a disability.

 

The Committee was informed that the following were challenges faced by the hospital:

 

(i)     Withdrawal of cases by the victims;

(ii)    Office space limited resulting in services not being rendered to the victims;

(iii)   Shelter for victims - building currently used to accommodate victims is problematic because of materials used to build the shelter.

(iv)  Forensic nurse not available in hospital. The hospital trained 3 nurses to be forensic nurses but the staff have resigned and moved to other institutions.

(v)   The hospital has 6 social workers and one auxiliary worker dealing with victims of domestic violence and one psychologist and sometimes requests district psychologists for assistance. The hospital has one gynaecologist and 2 paediatricians to assist children who are abused.

 

7. DONALD FRASER HOSPITAL

 

The Committee visited the Thuthuzela Trauma Centre which is based at Donald Fraser Hospital. The Committee was addressed by Dr Kwinda at the hospital. The Committee was informed that the hospital offers the following services:

 

(i)         Trauma debriefing to victims of domestic violence and abuse.

(ii)        Refers victims to relevant professional institutions for further assistance and interventions such as social workers, police, doctors and the magistrate.

(iii)       Ensures that victims are examined where there are physical injuries.

(iv)       Offers court support.

(v)        Monitor the status of the victim’s cases to ensure that justice prevails.

 

Positives

 

(i)            The South African Police assist in transportation of victims to the magistrate courts for protection orders.

(ii)            The hospital also plays a crucial role to assist victims by providing supplementary services.

(iii)           Accompany victims to collect their belongings for protection purposes.

(iv)          Victims do not have to go the police stations to open cases, police officials come to the trauma centre to assist victims to lay charges against perpetrators.

(v)           Victims are also of the status of their cases and victims report their cases of abuse.

 

Challenges

 

The challenges were highlighted as follows:

 

(i)             Withdrawal of cases by victims which might be the cause for circle of abuse.

(ii)            Shortage of office space including the play room for children.

(iii)           No shelter around the district for victims of abuse except for the safe house which does not provide long term accommodation.

 

8. VISIT TO THE NATIONAL YOUTH DEVELOPMENT AGENCY ON THE 5 AUGUST 2010

 

The Committee visited the Gym4U, Mvelelo Graphic Design and Sarmash Trading - all projects funded by the National Youth Development Agency. The Committee was accompanied by Mr B Ntshobane and Mr Percy Madziwo from the National Youth Development Agency.

 

Gym4U

 

The project is lead by Mr Junior Makhado, who manages two gyms in Thohoyandou and Polokwane. Mr Junior Makhado received assistance from the NYDA through the business consultancy voucher programme where he received a business plan voucher. He also received R1.2 million business loan from the NYDA Small and Medium Enterprise programme. The gym employed 46 people.

 

 

Mvelelo Graphic Design

 

The project is operated by Livhunai Ravele who is an NYDA beneficiary and a service provider. The owner operates a graphic design and computer training studio. He received assistance through the business consultancy service voucher programme and received a tendering voucher valued at R4.500. He supports other young people with graphic design through the same voucher programme and employs two people.

 

SARMASH TRADING

 

Ms Mashudu Mudau operates a sewing/clothing manufacturing shop and received R25.604 microfinance loan from the Agency. She employs four people.

 

      9. OBSERVATIONS

 

Having visited the hospitals and police station, the Committee made the following observations:

 

(i)            Shortage of staff which includes forensic nurses, psychologists and social workers to deal with victims of domestic violence.

(ii)            Shortage of shelters to accommodate victims of domestic violence for long term purposes.

(iii)          Lack of understanding by police officials on dealing with victims of domestic violence and the Domestic Violence Act, 1998.

 

10. RECOMMENDATIONS

 

Having deliberated on observations, the Committee made the following recommendations:

 

(i)            The Department of Health and Social Development should employ more forensic nurses, psychologists and social workers to assist victims of domestic violence in hospitals.

(ii)           The Department of Human Settlements and Social Development should ensure that accommodation for victims of abuse is adequate and available for long term purposes.

(iii)          The Department of Police should provide training to police officials on the Domestic Violence Act, 1998.

 

11. CONCLUSION

 

Having undertaken the oversight visit, the Committee concludes that it will raise issues of concern of police stations and hospitals to the National Assembly House in Parliament.