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10 December 2020 | Story Sibongile Madlala | Photo Supplied
Sibongile Mdlala End of Gender-based Violence
Sibongile Madlala believes it is time to get every single South African involved in the fight to eradicate gender-based violence and not to look away or to stand on the side-line watching.

Sibongile Madlala, Crime Investigations Officer in Protection Services, believes it is time to get every single South African – especially boys and men – involved in the fight to eradicate gender-based violence and not to look away or to stand on the side-line watching.


“It is a time to observe that to date, gender-based violence awareness messages still promote the idea that it only affects women and children (girls) and to a certain extent ignores the plight of the LGBTIQ community, men and boys,” she says.

Report, do not keep quiet

It is time for the government and other relevant stakeholders to do everything possible to establish the root causes of GBV. She feels it is necessary to pay attention to and address matters such as mental health (of the offender and the victim/survivor), victim-offender overlap, patriarchal lines, and cultural practices that perpetuate gender inequalities.

“Government also need to observe the value of training officers of the law and the justice department, as it takes a special kind of person to deal and assist victims accordingly,” she says. 
 

Madlala is convinced that the criminal justice system needs to revisit the laws, policies, and systems that are dealing with gender-based violence-related matters, as it is failing the victims. “It is unfair to expect a victim to recount every single intimate detail in chronological order; it is also unfair to expect a minor or a mentally challenged person to stand in a box facing the perpetrator as they lead evidence over a lengthened period. The failure to implement child-friendly facilities is not acceptable,” she adds. 

“It is said that knowledge is power, and
I believe the sooner this pandemic is understood
by the victims, perpetrators, and handlers
— the sooner we will see some changes in this regard.”
—Sibongile Madlala

Dealing with perpetrators

There is a National Sexual Offenders register in which the names of all prosecuted offenders are listed when they are found guilty. In dealing with perpetrators, she suggests a similar national offender register for gender-based violence offenders. “It is important that offenders are known, as those who need to protect are sometimes abusers themselves,” says Madlala.

The 16 days of activism is a time to let everybody know that gender-based violence is not a private matter. “It is said that knowledge is power, and I believe that the sooner this pandemic is understood by the victims, perpetrators, and handlers – the sooner we will see some changes in this regard.” 

She deems it important that victims are taught the importance of reporting and not protecting the abuser, and she emphasises the significance of ensuring that the voices of survivors, activists, and those mandated to address these matters at grassroots level are amplified and listened to.

Madlala sees this period as a celebration of survivors, the victors, heroes and heroines, young and old – especially those who have chosen to speak out about their traumatic experiences, knowing that the response may be negative.
 
“It is a time to commemorate all victims of gender-based violence and to raise awareness, stimulate advocacy efforts, and share knowledge on this topic,” she says.

It is time …

News Archive

UFS law students sit in on exceptional case in the Supreme Court of Appeal
2011-09-21

 

At the Supreme Court of Appeal were, from left to right: Dr Beatri Kruger, lecturer in our Department of Criminal and Medical Law at the Faculty of Law; Adv. Ann Skelton, Amicus Curiae instructed by the Restorative Justice Centre; Ms Matsepo Soko, post-graduate student in Criminal Law; and Prof. Annette van der Merwe from the University of Pretoria.
Photo: Leonie Bolleurs

Fourth-year and master’s-degree students, from our Faculty of Law, had the privilege of attending the hearing of one of their prescribed cases in the module, Criminal Law, namely the State versus Tabethe, in the Supreme Court of Appeal. Apart from the fact that they could attend the hearing, the students were also addressed by experienced legal experts, Adv. Ann Skelton (amicus curiae, instructed by the Restorative Justice Centre) and Prof. Annette van der Merwe from the University of Pretoria, on the broad outlines of the case.

In this case, the accused was found guilty of raping his fifteen-year-old stepdaughter. The court imposed a sentence of ten years’ imprisonment, suspended in full, but with certain conditions. The conditions include 800 hours’ community service and stipulate that the accused has to follow a rehabilitation programme and that he has to give 80% of his income to the family in order to support the victim and her family.
 
This was the first rape case where, in following a restorative justice approach, exceptional conditions were imposed to address the interests of the victim who wants to proceed with her studies. The State appealed against the sentence.
 
Dr Beatri Kruger, lecturer in our Department of Criminal and Medical Law, who prescribed this case for the students, said, ‘The law students were indeed privileged to attend this auspicious and enriching occasion, which provided them with an insightful experience of how the law works in practice.’

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