Durban: The conviction rate for sexual offences in KwaZulu-Natal courts stands at around 70%.
This is according to the National Prosecuting Authority (NPA) which appeared before the Commission for Gender Equality’s investigating hearings in Durban this week.
The hearings focused on the KZN Criminal Justice departments’ response to gender-based violence cases.
NPA State Advocate Nonhlanhla Dlamini said they had made significant progress in prosecuting sexual offences cases in KZN.
“In KZN, we have 73 regional courts with eight courts dedicated to sexual offences cases. We also have hybrid courts that deal with sexual offences and other courts. As the province, we have identified that sexual offences are reported to police but not all of these cases make it to court.”
Dlamini said to tackle this, a local structure has been set up to establish with the police why not all cases make it to court and what happened to the matters that did not get enrolled.
There is also a provincial structure, which is chaired by the KZN Department of Community Safety and Liaison.
“This structure will check if the local structure is doing its job and also look at any problems arising from the local structure and address them. In the 2021/2022 cycle, the regional courts in the province and the high courts finalised 709 cases in KZN and the conviction rate was 70.7%.
“In 2022/2023, we finalised 631 sexual offence cases and our conviction rate was 71.6% in KZN. In 2023/2024 we finalised 791 sexual offence matters and our conviction rate is 70.9%,” Dlamini said.
The NPA’s Advocate Omashani Naidoo said that the Sexual Offences and Community Affairs (SOCA) had been instrumental in supporting victims of sexual offence crimes to report the crime and during the court proceedings.
Naidoo, acting Deputy Director of Public Prosecutions for SOCA Unit KZN, said that in 1999 the government established SOCA due to the high rate of GBV, femicide and sexual offences.
“Thuthuzela Care Centre is part of the SOCA Unit’s fight against sexual offence crimes. The centres are there to assist with victims; their job is not to judge but to provide the support needed for victims of sexual offence crimes.”
Naidoo added that centre workers are there to assist victims after an offence has occurred.
“They help by explaining the process even though victims are anxious and angry by what has happened to them. We understand how scared the victim might be.”
She said the victim is seen by a doctor.
“The victim’s clothes are taken away but they are provided for. They are given something to eat as victims normally don’t eat before their examination. They are also given time to give their statement in the Thuthuzela Care Centre where a police officer will take it. The victim assistant officer will see to it that the victim receives support even after they go home. There are nine Thuthuzela Care Centres in KZN that offer these services.”
Asiya Khan, from the Department of Justice KZN Regional Office, said they had two provincial meetings with stakeholders to discuss domestic violence.
“In September, the Domestic Violence and Femicide Committee members conducted site visits to SAPS victim-friendly rooms, Thuthuzela Care Centres at Prince Mshiyeni Hospital and uMlazi Magistrate’s Court. We also have had three provincial meetings discussing addressing sexual offences in 2024 in May, August and November.”