Justice: Entire system blamed for spiralling gender-based violence

It has been estimated that only 10% of those who commit murder are caught and convicted – hence the need to improve the entire criminal justice system ‘value chain’, from investigation and arrest to ‘effective prosecution’, incarceration, rehabilitation and social reintegration. This is according to Wednesday’s Department of Justice & Constitutional Development media statement clarifying Minister Ronald Lamola’s recent remarks allegedly alluding to a referendum on reinstating the death penalty (News24). As has been widely reported, there is a perception that only the harshest possible sentence will reduce spiralling femicide and other forms of violence against women and children, reports Pam Saxby for Legalbrief Policy Watch. 

Dated 4 September but only posted yesterday on the department’s website, the statement also spelled out the ‘constitutional issues’ implicit in subjecting SA’s Bill of Rights to a referendum. ‘The basis of the constitutional order we are building is premised on the need to protect all those who may not necessarily be protected adequately through a democratic process where sheer numbers will determine the extent of that protection,’ it noted. ‘Section 74(1) of the Constitution provides that the founding provisions in section 1 … may only be amended by a Bill passed by the National Assembly with a supporting vote of at least 75% of its members and a supporting vote of at least six provinces in the NCOP’. A referendum would be unconstitutional and therefore a ‘wasted effort’. In the department’s view, the ‘prevailing’ ideological mindset of ‘male supremacy and entitlement’ gives rise to and sustains violence against women. This needs to be addressed.