A Letter to the President 2.0

Dear President Cyril Ramaphosa,

You have failed South African women.

Let me refresh your memory for the reasons why appointing Bathabile Dlamini to represent women is a slap in the face.

As president of the ANC Womens Legaue, Dlamini is no stranger to the struggles facing South African women. Let’s take the scourge of gender based violence, well of course she is familiar with those incidents. It happens often with people in her party and she justifies it.

All we need is a flash back to last year when, former Deputy Minister of higher education, Mduduzi Manana was caught on camera assaulting a women. The honourable Dlamini’s response, “Don’t start from him. If we want to say everyone who occupies a senior position in government we must know his track record because there are people who are worse than him….”

Dlamini does not believe in empowering or supporting women. Why do I say this you ask? During the run up to the ANC presidential election, a number of female candidates emerged as nominees, including Nkhosizana- Dlamini Zuma, Lindiwe Sisulu and Baleka Mbete. Yet, Dlamini and her Womens League only endorsed Dlamini- Zuma for the Presidency, leaving the other candidates out in the cold. This despite expressing in public that she is in support of women’s emancipation? Guess the minister lied, again.

She also believes that she is first and foremost a cadre of the ANC before she is a woman, representing the Womens League. She has made this point crystal clear numerous times in media interviews and recently during the ANC NEC.

“We have to express our disappointment as members of the ANC because we are members of the ANC before we are members of the ANCWL. The Womens League is at the centre of bringing hope to the women of South Africa and we think that we are able to drive the struggle for women’s emancipation. We also want to take this opportunity and say we fought a good fight and the struggle for the emancipation for women must continue,” Dlamini said.

In other words, Dlamini believes, at all times the ANC comes first, while the needs or concerns of women, take a back seat.

One other thing, burnt into our memory is when Dlamini shunned protesters at the #RememberKhwezi silent demonstration in 2016. This sought to remind our then President Jacob Zuma that we remember Fezekile Kuzwayo, the women he was accused of raping and other survivors.

Dlamini blamed the EFF for the demonstration. She said: “We are not going to allow reactionaries and tyranists who are supported by clandestine forces, who pay them for any action to embarrass our growing democracy and the ruling party.”

“It was clearly choreographed and the way they handled the whole thing is not professional. They were supposed to ask the president to deal with the issue and apologise and then ask him to continue. We are trivialising the issues of gender-based violence. It [the protest] was about the president of the country. The president went to court,” she said.

Mr President, South African woman have barely recovered from being governed by President Jacob Zuma. A man who was accused of raping the daughter of a childhood friend, while his party vilified the woman who was brave enough to speak out. Through all of this he continued to climb his way to the top while her life was destroyed.

We cannot tolerate a woman who has a proven track record of leaving women in the lurch.

Let’s take a moment to yet again mourn the disregard for women’s rights and welcome the new minister of Women in the presidency, Bathabile Dlamini.

Yours sincerely,

The Justice Lady


Screen Shot 2017-06-19 at 1.30.56 PMThe Justice Lady is a writer who wants to give a voice to the voiceless. She is an advocate for the rights of rape survivors. She keeps a close eye on the courts, the media and the role they play in shaping the manner in which society sees rape.


16 Days of Noise

By Jeanne Bodenstein

“The problem of rape and sexual abuse is an ongoing crisis in our country. South Africa has one of the highest rates of rape in the world, as well as considerable socio-economic disparities, which means that rape survivors get very different kinds of support when reporting a crime.” During 16 Days of Activism for No Violence Against Women and Children this message is screamed from the virtual rooftops of social media, pronounced in almost every news bulletin, is the topic of a high percentage of media interviews and the centre of a spree of events and campaigns. Government departments have never before hosted this many workshops and suddenly all Parliamentarians have an opinion on this issue.

Handing over memorandum to John Jeffereys

RSJC handing over the memorandum to Deputy Minister of Justice, John Jeffery, outside Khayelitsha Magistrates’ Court. Photo: Lina Lechlech.

So what happens on day 17?

The Rape Survivors’ Justice Campaign asked this very question. Because we know that advocacy must be focused, continuous and strategic in order to achieve real change. The change we work towards is a criminal justice system that includes specialised courts with specialised personnel, infrastructure and services for prosecuting rape cases. We want to ensure that perpetrators are brought to justice while victims are supported. We know that a strong criminal justice system is needed to address the high rates of rape and sexual violence in South Africa by restoring the faith that communities should have that perpetrators will be brought to justice. Therefore, during 16 Days of Activism, we do exactly the same as we do on the other 349 days of the year: we hold the government accountable for rolling out sexual offences courts.

On 25 November 2017, we launched the Rape Survivors’ Justice Campaign webpage. This provides a platform to showcase our work. Last week, we hosted a workshop in Khayelitsha to raise awareness regarding the survivor’s pathway through the criminal justice system. This highlighted the need for a sexual offences court in Khayelitsha to address the very real gaps in the system as well as the high rape rate in this community. We invited participants of the workshop to join us at a public demonstration on 5 December 2017 outside the court.

At this public demonstration in front of Khayelitsha Magistrates’ Court we demand that a sexual offences court be established in Khayelitsha and we handed over a memorandum to this effect to the Deputy Minister of Justice, John Jeffery. In his acceptance speech, the Minister confirmed that Khayelitsha Magistrates’ Court will be upgraded through a collaborative process early next year. This is long-lasting change. Real, systemic change aimed at addressing the problem of rape.

We believe that sexual offences courts will make a real difference in how rape cases are dealt with by ensuring that survivors receive support, that there is a speedy turnaround time for rape cases and ensuring higher conviction rates. So when the government workshops, Parliamentary speeches and abundance of media interviews come to an end on 10 December 2017, we will continue to hold government accountable for the rollout of specialised courts with specialised personnel, infrastructure and services.

Please see our webpage at: https://rapecrisis.org.za/justice-campaign/



Jeanne Bodenstein is the coordinator of the Rape Survivors’ Justice Campaign for the Rape Crisis Cape Town Trust.


by Lisa Vetten, Vivienne Mentor-Lalu and Sanja Bornman

Tomorrow, 25 November, marks the start of the annual 16 Days of Activism to End Violence Against Women. Activities led by government emphasise the importance of taking action to end gender-based violence but do political parties walk the talk?


Mduduzi Manana has resigned from his position as the Deputy Minister of Higher Education and Training and been convicted and sentenced for committing assault with intent to cause grievous bodily harm. But he is neither the first nor the only political representative to behave violently towards women. During this year’s 16 Days of Activism, the Women and Democracy Initiative (WDI) of the Dullah Omar Institute at the University of the Western Cape, Lawyers for Human Rights, and gender violence specialist Lisa Vetten turn the spotlight on political representatives and the protectors and keepers who enable their sexual misconduct and abuse. Each day the group will release the name and facts of a different case of a leader embroiled in sexual abuse charges. The aim is to reflect both on the incidents themselves, as well as the responses of the political parties to which these men belong, their actions proving a litmus test of their true commitment to addressing sexual violence.

South Africa’s political representatives are the guardians of the Constitution and rights it contains, including the right to gender equality and the right to be free from all forms of violence, whether from public or private sources. It is their responsibility to develop laws that advance these rights, hold government departments to account for their (in)action in this regard, and approve budgets that make these rights realities. But political representatives’ ability to improve women and men’s lives is compromised when they appoint abusive men to positions of power.

“Political parties that appoint these men, then fail to act against them, or protect them, are hypocritical. Over the next 16 days, we will hear a lot of public condemnation of violence against women and children from various leaders, but this campaign turns the focus on what politicians and parties actually do, not what they say,” said Sanja Bornman of the Lawyers for Human Rights’ Gender Equality programme. Parties undermine efforts to address gendered forms of violence when they fail to develop systems and procedures addressing sexual violence, or fail to put their policies and procedures into effect. They also hamper South Africa’s efforts to meet Goal 5 of the United Nations Sustainable Development Goals. Target 5.5 of this goal is to “ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life.” Yet women’s political participation and representation is undermined in environments where sexual violence and abuse go unchecked.

Says Lisa Vetten: “These problems are not new and if they are allowed to persist there is a risk they will become permanent features of our political landscape. As the country currently debates the quality of its political representatives this dimension of their conduct should not be overlooked.”

The individuals we will be focusing on are #NotOurLeaders and we demand that political structures act decisively and urgently to tackle the problems we will be highlighting during the 16 Days.


Lisa Vetten is a gender violence specialist based in Johannesburg, Vivienne Mentor-Lalu works at the Women and Democracy Initiative of the Dullah Omar Institute at the University of the Western Cape and Sanja Bornman works for Lawyers for Human Rights.

Section 55 What??

By Kathleen Dey

I am having such a bad attack of FOMO right now. Today a National Forum on the Implementation of the Sexual Offences Act concludes its deliberations in Johannesburg and while activists from all over the sector are there I am not. And they are all being very quiet about the content of their discussions, out of respect for our colleagues in government and the spirit of the dialogue.

This National Forum is convened by the Department of Justice with the backing of the Deputy Minister John Jeffery and organised by a steering committee that included members of the Shukumisa Coalition representing civil society. What makes this gathering unique is that the 250 delegates include not only members of civil society organisations, government departments and state services providers such as the South African Police Service (SAPS) and the National Prosecuting Authority (NPA) but also members of the judiciary. Since magistrates play a critical role in the adjudication of sexual offences cases and are often not represented in these kinds of discussion this is a huge bonus. My Fear of Missing Out grows as I write.

Yesterday’s programme included the presentation of critical research by research institutes such as the South African Medical Research Council’s recently released report entitled Rape Justice in South Africa. The combined presentations pointed to current problem areas within the areas of reporting, investigation, medicolegal services, support to survivors, prosecution and adjudication of sexual offences cases. There was, unusually, no question time or commentary in this plenary. This was followed by breakaway sessions where government officials and state service providers were given opportunities to provide further information on these problem areas in a more in depth fashion. The overall approach of the ensuing discussion was designed to be solution focused, with civil society organisation offering constructive criticism and recommending solutions designed to benefit all stakeholders.

The current political and economic situation in South Africa is so severe that we believe that we are unlikely to see the kind of resource mobilisation we would like to see in support of improved implementation of the Sexual Offences Act. In fact over the past decade we have seen a significant reversal in the gains that were made prior to that in putting infrastructure, personnel, training and services in place. There has been a marked decline rather than the consistent improvement reported by government. Sexism, racism and attitudes that lead to secondary victimisation of complainants continues to be a problem.

Statistics and reporting are unclear and inconsistent, which makes it very difficult to monitor progress towards set goals. In fact our current crime statistics give a false impression of excellence, showing a decrease in incidents when this is not the case. Strategies based on these misleading findings are in danger of failing as they are not based on an accurate analysis of the situation.

Performance indicators for officials within the criminal justice system are not successfully promoting good performance neither are they entirely useful as mechanisms for holding individuals or departments accountable. Some provide a perverse incentive in that they encourage poor performance when for example members of the SAPS are measured by the decrease in reported rape statistics when in fact they should be encouraging reporting. Management structures are weak and leadership is lacking. These factors combine to make oversight very difficult.

These flaws can be seen in the roll out of the promised sexual offences courts, an issue right at the top of the agenda of the Rape Survivors’ Justice Campaign. There are sexual offences courts where there is specialised infrastructure in place but not enough skilled and experienced personnel and no services, sometimes meaning that there is a lack of psychosocial care for survivors. Section 55A of the Judicial Matters Amendment Bill, which would allow for the Minister of Justice to establish these courts and set certain criteria for these courts has not yet been operationalised even though the president has signed this new law. There are no minimum standards for sexual offences courts and no sexual offences court regulations in place as yet.

A focus on the sexual offences court roll out may help government to tackle problems with courts as well as police and forensic investigations since the idea that specialist personnel would work together could best be promoted with these courts as “centres of excellence” linked to surrounding Thuthuzela Care Centres, forensic units and Family violence, Child abuse and Sexual offences (FCS) Units. We should therefore focus on the following suggestions for government role players at the upcoming national forum:

1. Section 55A of the Judicial Matters Amendment Bill must be operationalised as soon as possible.

2. Civil society organisations need to be given a chance to give input into the minimum standards on sexual offences courts as well as the regulations.

In addition to this we need to recommend that:

1. The functioning of the relevant departments and service providers within the criminal justice system be evaluated by the Department of Planning, Monitoring and Evaluation (DPME) in order to develop an improvement plan that will give rise to revised performance indicators.

2. Clear, consistent, disaggregated, integrated statistics are collected, collated and shared.

In the meantime, in the absence of improved performance indicators, we need to see competent officials concentrated within centres of excellence so that infrastructure, personnel and services can come together as they should. Let us hope that this incredible National Forum meeting will deliver at least some hope that these suggestions will be taken up and driven forward with the commitment they deserve.




Kathleen Dey is director of the Rape Crisis Cape Town Trust.