PP report on investigations into administrative deficiencies relating to the processing of GBV-related matters in the criminal justice system

Video Public Protector South Africa on Report No. 1 of 2024: Systemic Investigation into Administrative Deficiencies relating to Gender Based Violence within the South African Justice System The Committee was briefed by Public Protector South Africa (PPSA) on its systematic investigation into administrative deficiencies relating to gender-based violence (GBV) within the South African justice system. Members of the Committee were pleased with the detailed report presented by PPSA. They believed it provided a clear understanding of the multiple administrative challenges faced by the Department of Justice and Constitutional Development (DoJ & CD), Department of Social Development (DSD), and South African Police Services (SAPS) in tackling the scourge of GBV in the country. Members were not surprised to hear that the infrastructure of all but one of the 38 courts PPSA inspected was in a poor state, as the Committee continuously flagged this in the Sixth Administration. Members felt that the DoJ & CD and Department of Public Works and Infrastructure (DPWI) did not make much progress in adequately maintaining and upgrading court infrastructure. Instead, both departments were passing on the blame to the other. Infrastructure-related challenges include cracked walls, roof leaks, insufficient consultation rooms, and a lack of waiting areas for visitors. Members were, however, surprised to hear that the majority of courts did not have proper filing systems and spaces, with files scattered on the floor, and that there was no separation between maintenance, domestic violence and harassment files. They wondered how such issues could continue if the department were serious about clearing the case backlog. There was broad agreement among Members about the need for improved collaboration between the DoJ & CD, DSD and SAPS in responding to incidents of GBV, protecting victims of GBV, and supporting them. Doing so would require SAPS to improve its training programmes on how its members should treat GBV respondents, for the DoJ & CD to ensure that courts swiftly process protection orders sought by victims of GBV, that more shelters are built to accommodate those who seek refuge from their partners at home and that they are provided the necessary psycho-social support. A member said it was an indictment on Parliament that the report's findings were only released three years after the investigations were initiated. She asserted that it was not PPSA’s role to ensure that remedial actions were implemented; it was Parliament’s. She proposed that in the future, departmental annual reports should outline the findings of PP, as is done with those of the Auditor-General. Members shared PPSA’s recommendation that the Committee organise a joint sitting with the committees on police and social development to discuss how each would monitor the progress of their line department in implementing the Public Protector (PP)’s remedial actions on some of the identified issues and ensure improved coordination between them in tackling GBV. PPSA agreed to submit periodic update reports on the progress made by the DoJ & CD, DSD and SAPS in implementing its remedial actions.