1. The National Prosecuting Authority (NPA) does not keep statistics/data on forced or coerced sterilisations on its integrated case management system. It should be noted that litigation arising from such forced or coerced sterilisations would normally be civil litigation matters, between the parties, as is the case with similar claims for medical negligence or medical malpractice, with corresponding claims for damages.
Claims for damages would be based on the fact that for a person to undergo the process of sterilisation, informed consent ought to be obtained. Using force or any other form of coercion is prohibited and amounts to a violation of a person’s human rights.
2. The NPA does not monitor or keep statistics on civil litigation matters and therefore it is not the appropriate institution to provide the requested information.
3. As mentioned, the NPA does not monitor or keep civil litigation statistics. However, in order to assist, it should be noted that the Commission for Gender Equality (CGE) recently released its Report on the Forced Sterilisation of Women Living with HIV/AIDS in South Africa (Complaint Ref No: 414/03/2015/KZN). In the report, the CGE makes a number of recommendations, including further engagements with the Health Professions Council of South Africa (HPCSA) and the Department of Health. The CGE has also stated that it will present its report to the South African Law Reform Commission (SALRC) for possible amendments to legislation. The SALRC has indicated that it has not as yet received the CGE Report in this regard. The Department of Justice and Constitution Development will follow-up with the SALRC once the report reaches the SALRC.