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DEPARTMENT: JUSTICE AND CONSTITUTIONAL DEVELOPMENT
REPUBLIC OF SOUTH AFRICA
NATIONAL ASSEMBLY
PARLIAMENTARY QUESTION FOR WRITTEN REPLY
QUESTION NO.: 744
DATE OF PUBLICATION: 13 August 2009
Ms N N Sibhidla (ANC) to ask the Minister of Justice and
Constitutional Development:
(1) How many (a) rape and (b) gender-based violence cases have been
reported and (c) persons were (i) arrested and (ii) convicted in
this regard;
(2) which areas are mostly affected, with particular reference to
(a) province, (b) race and (c) age;
(3) whether there are any programmes in place to assist the (a)
survivors and (b) perpetrators of these brutal acts; if not,
what is the position in this regard; if so, what programmes;
(4) whether any progress have been made in implementing the
diversion programme; if not, what are the challenges; if so, (a)
what progress, (b) how many young people have benefitted from
this programme and (c) where are they now?
NW854E
REPLY:-
(1)(a)and (b) Informed obtained from the Departmentâs Integrated
Case Management System (ICMS) indicates that from 1 July 2008
until 30 June 2009 there were approximately 39 946 cases of rape
that were enrolled for the first time in the Magistrates Courts
in all nine Provinces.
In respect of convictions, there are approximately 4 244
finalised cases or people who have been found guilty and
convicted for rape.
In respect of arrested persons, the DoJ&CD does not keep such
records and is unable to provide information in this regard.
The South African Police Services should be approached for the
requested information.
(ii) Cases relating to Domestic Violence are attached as Annexure A.
This covers the period from January to June 2009.
(2) Areas which are most affected with particular reference to (a)
province (b) race and (c) age are detailed in the tables below.
(a) Provinces
Over the last year the highest numbers of rape matters appearing
in courts were in KwaZulu-Natal which enrolled 7278 cases,
followed by Western Cape that enrolled 6411. Northern Cape
enrolled the least number of cases at 1462. Statistics for the
period 1 July 2008 until 30 June 2009 are indicated in the table
below:-
|RAPE PREVALANCE BY PROVINCE |
|PROVINCE |NUMBER OF CASES ENROLLED |PERCENTAGE |
|EASTERN CAPE |5858 |14.66 |
|FREE STATE |2834 |7.09 |
|GAUTENG |4566 |11.43 |
|KWAZULU NATAL |7278 |18.22 |
|LIMPOPO |4335 |10.85 |
|MMPUMALANGA |2870 |7.18 |
|NORTHERN CAPPE |1462 |3.66 |
|NORTH WEST |4332 |10.84 |
|WESTERN CAPE |6411 |16.05 |
|TOTAL |39 946 | |
(b) Race
Statistics are not kept on the basis of race.
(c) Age
The attached template indicates that the majority of the rape
cases that are referred to herein are perpetrated by young
adults aged 21 to 30 years.
|RAPE PREVALANCE BY AGE |
|AGE CATEGORY |NUMBER OF CASES ENROLLED|PERCENTAGE |
|Younger than 18 |3367 |8.43 |
|18 to 20 |5769 |14.44 |
|21 to 25 |9406 |23.55 |
|26 to 30 |7768 |19.45 |
|31 to 35 |4810 |12.04 |
|36 to 40 |3360 |8.14 |
|41 to 45 |2229 |5.58 |
|51 to 55 |763 |1.91 |
|56 to 60 |514 |1.29 |
|61 to 65 |235 |0.59 |
|Older than 65 |27 |0.69 |
|TOTAL |39 946 | |
(3)(a) Yes, there are programs available to assist the survivors
of these crimes, which are mainly the responsibility of the
Victim Empowerment Program led by the Department of Social
Development. It is recommended that the information required be
requested from the Department of Social Development.
(3)(b) Yes, there are programs available to assist the
perpetrators of Domestic Violence and Sexual Offences, even
though they may have been convicted of such crimes. These mainly
relate to diversion programs for offenders who have acknowledged
responsibility, which are mainly run by Non-Governmental
Organisations such as NICRO, the Restorative Justice Centre and
Khulisa, overseen and monitored by the Department of Social
Developmentâs Probation Officers.
Certain Non-custodial Sanctionsâ Programs are also available,
when vulnerable offenders are sentenced to suspended or
postponed sentences on condition that they attend similar
programs as those relating to diversion.
The Department of Correctional Services further has programs to
rehabilitate and re-integrate offenders sentenced to
imprisonment and correctional supervision.
It is recommended that details of these programs be requested
from the Departments of Social Development and Correctional
Services.
(4) As from 1 April 2009 to the end of June 2009, a total of 9 520
cases were diverted of which 4 070 comprised young offenders.
According to the NPA, during 2007/08, 18 817 children were
diverted from the mainstream criminal justice system, whilst in
2008/09, 17 628 children were diverted. A matter of concern is
the decline of 8.8% of young offender diversions compared to the
corresponding period during the previous financial year. The
main reason appears to be the non-availability of accredited
programmes throughout the country and the increasing
availability of non-custodial sanctionsâ programmes.Â
I am advised that the Department of Social Development is in the
process of developing the Diversion Accreditation Framework in
terms of the provisions of the Child Justice Act, 2008 (Act No
75 of 2008), in order to provide for the accreditation of
diversion programs and diversion service providers.