Flaw in Sexual Offences Act must be urgently corrected 

The Democratic Alliance (DA) notes with extreme concern the Cape Town High Court full bench judgment highlighting what appears to be a fatal flaw in the Criminal Procedure (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (see Weekend Argus report).

This is a devastating blow to the fight against sexual offences, which are at alarming levels in our country. Thousands of women and children are raped and sexually assaulted in South Africa every day.

I will be writing to the chairperson of the Justice Portfolio Committee, requesting him to urgently intervene in this matter, in discussion with the Minister of Justice.  It is vital that a Bill be tabled as a matter of the utmost urgency to rectify this apparent anomaly.

On Friday, the Cape High Court held that certain sections of the Act, affecting 29 sexual offences, did not contain any penalty clauses, and therefore nobody can be charged with any of these acts, as they do not constitute an offence.  It also has huge implications for people already convicted of such offences. 

In addition, this completely undermines the intention of the Act, which was to criminalise behaviours which were previously not crimes, such as sexual grooming and compelled rape. 

For some time now, the DA has been pushing for the re-establishment of the Specialised Sexual Offences Courts, which have been decreasing in number seemingly because of the unwillingness of magistrates to specialise in these crimes.

However, in the light of this judgment, the most urgent task at hand is correction of this Act in order to avoid any further people escaping being charged with any of these sexual offences.

Statement issued by Debbie Schafer MP, DA Shadow Deputy Minister of Justice and Constitutional Development, May 13 2012

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