How 21 courts
reduced their
backlog of sexual
offence cases.
Every quarter we tend to hold our breath upon the release of the quarterly crime statistics. We ask ourselves, have we made any progress towards addressing gender-based violence and femicide (GBVF) in our country? Can we say that victims of GBV are receiving the support; legal, physical and emotional, that they need?
In an effort to better serve survivors of GBV, 21 courts in South Africa took on ambitious 100-Day Challenges to address the backlog in sexual offences and improve the case finalisation rate.
The result: A reduction in the backlog of sexual offence cases by 43.4% with a total of 336 cases finalised in 100 days.
How did the teams achieve this? Let’s take a look at some of the innovations that were implemented:
Taking action to deal with a congested court roll.
The 100-Day teams confronted the challenge of a congested court roll of sexual offence cases with a strategic and determined approach. They adhered to a disciplined schedule, allocating a maximum of 5 hours of court time per day to ensure focused and efficient proceedings.
The teams demonstrated a commitment to minimising postponements and, when unavoidable, opted for overnight postponements. If a postponement was absolutely necessary, a proactive measure was taken with the immediate issuance of a new subpoena.
Furthermore, a new GBVF comprehensive model was devised, fostering an interdepartmental working relationship to enhance the seamless flow of cases. This innovative and collaborative effort aimed at not only addressing the immediate legal challenges but also at creating a more effective and supportive system for survivors of sexual offences.
Addressing the underreporting of sexual offence cases.
A lack of awareness of the court and justice system results in many victims and witnesses not reporting cases. The justice system is there to serve victims of GBV and get them the protection that they need, however cases need to be brought to the court in the first place. To address this, teams aimed to empower communities through a number of outreach initiatives. Through our 100-Day Challenge support partner, Legal Aid, a total of 51 radio interviews were conducted in local community radio stations, reaching a significantly wide demographic. Radio interviews were focused on educating citizens on how the court system worked to process GBV cases and what support resources are available to GBV victims. Furthermore, community walkabouts were conducted in villages to spread the same messages.
Educating youth with a
moot court
To educate youth on the court system, Lephalale Regional Court hosted a moot court for local school children. The event, which took place on September 13, 2023, aimed to educate learners about sexual offences and the minimum sentences associated with each offence. A total of 60 learners from the school attended the event and actively participated in the day’s activities.
One of the main impacts of the event was that scholars had the opportunity to witness how sexual offence cases are conducted and handled within the court. This firsthand experience provided them with a better understanding of the legal process and the consequences offenders face when found guilty of rape.
Addressing the slow finalisation of victim impact, probation and pre-sentence reports
In response to the slow finalisation of victim impact, probation, and pre-sentence reports, the teams took proactive measures to expedite these processes.
In the spirit of intense collaboration, the Department of Social Development (DSD) and Probation Officers were strategically invited to join the 100-Day project teams. This facilitated seamless communication and coordination between key stakeholders. The police played a pivotal role by adopting a hands-on approach, actively subpoenaing witnesses and ensuring their timely appearance in court.
To streamline the pre-sentence report compilation, the Probation Officer successfully reduced the timeframe from six to four weeks, ensuring a more efficient and timely delivery of crucial information for sentencing considerations.
Furthermore, to enhance post-conviction support, the DSD promptly intervened upon case completion, offering assistance to victims before the perpetrator’s incarceration, emphasising a holistic and swift approach to justice and rehabilitation.
Dealing with the non-attendance of witnesses
Faced with the challenge of non-attendance of witnesses, including medical personnel, the 100-Day Challenge teams embraced technology, using MS Teams to facilitate virtual testimonies. This enabled witnesses, especially medical personnel, to provide crucial evidence remotely.
To enhance witness participation, individuals were encouraged to bring their witnesses and legal support on the hearing day.
In instances where technical glitches arose, such as CCTV malfunctions, the team demonstrated flexibility by swiftly relocating all parties to another court, ensuring uninterrupted proceedings.
Establishing a newfound sense of teamwork
The sheer volume of new sexual offence cases and the complexity of some cases is enough to intimidate any court official. However, teams understood the importance of resolving cases in a swift and fair manner so that GBV victims can get the protection that they deserve.
The various actions that the team took and the results, revealed deeper connections with all stakeholders involved and a high level of motivation when they all saw what was possible.
Many of the court clerks, magistrates, social workers, probation officers, interns, police and DSD officials are now on the same page when it comes to implementing these new innovations as standard practice.