ATC090219: Report on Progress Report on the National Policy Framework for the Management of Sexual Offences

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Constitutional Development on a Progress Report on the National Policy Framework for the Management of Sexual Offences, dated 19 February 2009.

 

The Portfolio Committee on Justice and Constitutional Development reports as follows:

 

1.         Introduction

 

1.1               The Criminal Law (Sexual Offences and Related matters) Amendment Act came into effect in December 2007. In terms of s62(1) of the Act the Minister of Justice and Constitutional Development must, within one year after implementation, adopt and table the National Policy Framework for the Management of Sexual Offences in Parliament.

 

1.2               Given competing demands on the legislative schedule, an extension for the submission of this framework was made through the Judicial Matters Amendment Act, 2008. An extension was granted to March 2009.

 

1.3               The Department provided the Committee with a progress report on the consultation process and development of the draft national policy framework document.

 

2.         Consultation process

 

2.1               Consultation with various stakeholders took place in early 2008 and by late 2008 the national policy framework took shape and a task team was established comprising the Department, South African Police Services, National Prosecuting Authority, and Departments of Health and Social Development. After analysing the situation it became clear that the framework would not be completed by December 2008.

 

2.2               The Department pointed to the ongoing challenges of the clustered approach and the difficulties of compiling one comprehensive document. After analysing different departmental policies and programmes, combined with the need to re-allocate budgets, it became clear that the timelines were underestimated. The Final Policy Framework must still be approved by the relevant Ministers and further consultation is required with civil society stakeholders, who will provide the necessary technical expertise to the process.

 

2.3               The Department submitted an outline of the National Policy Framework to the Director-General’s Inter-Sectoral Committee for the Management of Sexual Offences Matters on 17 February 2009. A further round of consultation with civil society is required.

 

3.         Committee’s response

 

3.1               The Committee welcomes the Department’s progress report and acknowledges the inter-sectoral task of developing the national framework is an extensive one.

 

3.2               The Committee is, however, concerned about the need to meet deadlines and finds it regrettable that deadlines have not been met.

 

3.3               The Committee will arrange a meeting with the Minister of Justice and Constitutional Development to further discuss the matter.

 

4.                   Acknowledgements

 

The Committee acknowledges with appreciation the valuable work of the Researcher, Ms Gulian Nesbitt, in the shaping of this report.

 

Report to be considered.