LIMPOPO LEGAL ADVICE CENTRE
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27/05/2012

ATT: VHONANI  RAMAANO
          COMMITTEE SECRETARY
          PARLIAMENTARY COMMITTEE
          CAPE TOWN

LLAC SUBMITING  AMENDMENDS OF THE SEXUAL VIOLANCE ACT 32 OF 2007.

LLAC would like to take this opportunity once again to join many other civil society organizations countrywide to disagree with the original judgement two weeks ago by the WESTERN CAPE HIGH COURT. the bench made up of judge andre blignault,judge Chantal fortuin and acting judge pearl mantame-cited two sub-sections of the constitution ,one of  which states that an accused cannot be convicted of an act that is not an offence ,and the other which highlights ‘’prescribed punishment.’’
We also concure with our colleage  sanja bortman of the women’s legal centre that there are plenty of case laws and academic authority that went against it .and that just because penalty clause is lacking does not mean that an offence does not exist.

LLAC is also of the view that the court erred in finding that, the reference to prescribed punishment in the constitution showed that it was a requirement  of an offence that a penalty be prescribed by the law .and also of the view  that it  is at the discretion of the courts in line with the options created in the criminal procedure act to impose an appropriate punishment.
Therefore LLAC would like to urge the committee to pass an amendment to address the penalty clause as a matter of urgency and put in place a plan to deal with many other issues that remain to be problematic in the act.

Hope this will be part of the amendments suitable for a change in the act.

REGARDS

NAKEDI  MOGALE
DIRECTOR
LIMPOPO  LEGAL  ADVICE  CENTRE

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NAKEDI  MOGALE
DITECTOR
LIMPOPO  LEGAL  ADVICE CENTRE

MANAGEMENT COMMIITTEE: NAKEDI MOGALE DIRECTOR,MONICCA T LEGODI CHAIRPERSON,MARIA MANGENA CO-ORDONATOR,POLEDI MOGALE RESEACHER.