98 upgraded courts to become sexual offences courts – Lamola

Justice and Correctional Services Minister Ronald Lamola said his department has always viewed sexual offences courts as a priority so that survivors of sexual offences were spared as much secondary victimisation and trauma as possible in the justice system.

Justice and Correctional Services Minister Ronald Lamola said his department has always viewed sexual offences courts as a priority so that survivors of sexual offences were spared as much secondary victimisation and trauma as possible in the justice system.

Published Mar 4, 2024

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Justice and Correctional Services Minister Ronald Lamola said 98 courts that were upgraded between May 2019 and December 2023 will become sexual offences courts once the Judicial Matters Amendment Bill was assented to.

Lamola revealed this when he was responding to parliamentary questions from DA MP Werner Horn, who enquired about the sexual offences courts that were targeted to be established annually since May 2019 and the number of specified sexual offences courts that had been established to date.

In his response, Lamola said his department has always viewed sexual offences courts as a priority so that survivors of sexual offences were spared as much secondary victimisation and trauma as possible in the justice system.

“These courts therefore have additional infrastructural facilities, such as separate waiting rooms at courts, measures for complainants to be able to testify away from the accused, intermediary and court preparation services and so forth.”

Lamola said these courts were previously established in line with the specifications outlined in the report of the ministerial task team on the adjudication of sexual offences matters (MATTSO) of 2013.

“Since then the designation of sexual offences courts was put into the Sexual Offences Act in terms of section 55A as well as a provision that the minister must put the services and facilities available at these courts into regulation.

“The regulations were duly promulgated on date and the designated sexual offences courts must now comply with these regulations.”

Lamola also said the departmental annual performance plans had targeted the establishment of 143 sexual offences courts during the period between May 2019 and December 2023.

“As at 29 May 2019, the department had established 102 sexual offences courts compliant with the MATTSO specifications. As from February 2020, section 55A came into operation and the requirements in the regulations came into effect,” he said.

“The minister was, however, not legally able to designate places of sitting as sexual offences courts in terms of the act due to problems with the definition of a regional court.

“Given that section 55A required further amendment, no sexual offences courts could be designated in terms of this section as yet, but, it must be highlighted that the former MATTSO specification courts continue to hear matters of sexual offences in terms of section 55A (5) of the act.”

He said the definition of a regional court was being amended by the Judicial Matters Amendment Bill which was currently with President Cyril Ramaphosa for assent.

He said the department has upgraded 98 courts in line with the sexual offences courts regulations to ensure that survivors experience a victim-centric justice system that is prompt, caring, and effective.

“This figure includes 15 courts upgraded during this financial year. As soon as the Judicial Matters Amendment Bill is assented to, these upgraded 98 courts will be ready to become sexual offences courts in terms of section 55A.”