Last saved by: vramaano

From: 	"Tumelo Kgosimmele" <tkgosimmele@uwc.ac.za>
To:	<vramaano@parliament.gov.za>
Date: 	5/23/2012 12:49 PM
Subject: 	Call for submissions on the Sexual Offences Amendment Bill
Attachments:	Part.002

Dear Mr Ramaano

Please find Press Release by Civil society organisations on the judgment
of May 11 2012 in the Western Cape High Court, which has the implication
that a number of crimes in the Sexual Offences Act do not disclose
offences.

Press Release
17 May 2012
Lawyers against Abuse/ Women’s Legal Centre
We strongly condemn the judgment of 11 May 2012 in the Western Cape High
Court, which has the implication that a number of crimes in the Sexual
Offences Act do not disclose offences. 
 It is of paramount importance that the operation of this judgment be
suspended. The Sexual Offences Act is a key element of protection for
victims of sexual violence, and a leading example of such legislation on
a global scale. To prevent the operation of these offences, including
the very serious crimes of; sexual assault, compelled sexual assault,
compelling children to witness sexual acts, exposing children to
pornography, sexual grooming of children, and certain sexual offences
against mentally disabled people; is unlawful, potentially catastrophic,
and in violation of a number of constitutional rights. 
 1)      We believe that the court erred in its interpretation of the
principle of legal certainty. The fact that the Act does not contain
specific penalty clauses is not fatal to the individual offences. This
is supported by the principles of statutory interpretation, a contextual
reading of the authorities and the general provisions in the Act dealing
with factors to be considered by a court when passing sentence. These
all clearly point to an intention of the legislature that a court would
always be able to hand down sentence. In fact, the High Court in Kwa
Zulu Natal came to the opposite conclusion to the Western Cape High
Court. 
 2)      Gender-based violence and the abuse of women and children is
rife in South Africa. To prevent the operation of the Sexual Offences
Act on the range of crimes specified is to leave victims without the
protection of the law at the time when they most need it. Furthermore,
the judgment could operate to allow convicted and dangerous perpetrators
to be released from jail, putting others at risk. 
 3)      This judgment has an impact on a range of constitutional
rights, including the rights of children (which the Constitution states
are paramount), the right to be free from violence, the right to dignity
and freedom and security of the person, and the right to access to
justice.   
We have called on the legislature to remedy the perceived loopholes in
the Act as a matter of urgency. We furthermore support the Shukumisa
campaign’s call for increased participation for civil society in this
process. 
For further information please contact
Jennifer MacLeod (LvA) 011 717 8456/ 071 280 3521
jennifer.anne.macleod@gmail.com
Sanja Bornman (WLC) 021 424 5660 / 083 522 2933 sanja@wlce.co.za 
Endorsed by:
The Centre for Applied Legal Studies; Justice and Women;
GRIP-Intervention Programme; Rape Crisis; Childline; The Teddy Bear
Clinic; Masimanyane; POWA (People Opposing Women Abuse); Mosaic; Nisaa;
WCNOVAW; Thohoyandou Victim Empowerment Programme; Lifeline
Pietermaritzburg
Sanja Bornman
Attorney
Women's Legal Centre 
7th Floor 
124 Adderley Street
Cape Town 
Tel: (021) 424 5660
Fax: (021) 424 5206
E-mail: sanja@wlce.co.za 
Visit: www.wlce.co.za