By Simon Nare
President Cyril Ramaphosa has bragged about the country’s transformed judicial system, saying that nearly half of the judges in South Africa are women.
Addressing the International Association of Women Judges at the Cape Town International Convention Centre on Wednesday, Ramaphosa said that not only was the Constitutional Court led by a woman, the Supreme Court of Appeal was also headed by a woman.
So too were the legislative houses, the National Assembly and the National Council of Provinces.
Ramaphosa said the country had come a long from when there were only three black male judges.
“Today approximately 48% in our superior courts are female and six out of our 15 superior courts are led by women, including the Constitutional Court and Supreme Court of Appeal. At the level of the magistracy, more than half of our magistrates are female,” boasted Ramaphosa.
The president said women on the bench was important in the fight against gender-based violence, which had become another pandemic across the globe.
He added that female jurists had a particularly strong influence and could shift the broader judicial culture regarding GBVF.
The president said he was aware that GBVF was central to the work of the association. Its advocacy had resulted in commendable progress in areas such as improving courtroom procedures to make them more survivor-centric and streamlining the procedures for obtaining protection orders.
“A central issue is overcoming the blind spots in the law and the legal system that are working against the rights and interests of survivors.
“For the fight against gender-based violence to be strengthened and have a measurable and sustainable impact, it is critical that these deficiencies are addressed to bring about change,” he said.
Ramaphosa told the delegates that much like the outbreak of a disease, the impacts of GBV were long-lasting and severe, and much like a pandemic, it was contagious in that it had become normalised and was being repeated across generations.
“In giving effect to the laws in place to combat gender-based violence, our courts have also had to also address the factors that allow GBVF to become entrenched.
“Much like there are vectors for disease, there are GBVF vectors, such as a culture of silence, impunity, and insufficient or poorly applied laws. With respect to applying the law fairly in cases of gender-based violence, the composition of the bench matters, particularly with respect to outlook,” he said.
After widespread consultations and workshops, Ramaphosa said the country amended three existing laws as part of the wider effort to combat GBVF in 2022.
He added that at a summit to address the pandemic, there was an overwhelming consensus that the laws of the land were not effectively protecting women and children.
Suspects accused of serious and violent crimes against women were granted bail, absconded and attacked women again. Also, courts were not applying prescribed minimum sentences.
“Survivors of domestic violence were experiencing secondary victimisation by the police and the courts. It became clear there was a contradiction at play, with strong laws to advance women’s rights on one hand, and stubbornly high levels of gender-based violence on the other.
“It then became necessary to examine whether the issue was with survivors not achieving justice through our courts, with lack of implementation of the law, or with deficiencies in the laws themselves,” he said.
He said even though all factors played a role, gaps in the law were identified as a serious challenge and, therefore, they were amended.
In addition to utilising the law, the country needed to embark on many other efforts to combat GBVF and have a multifaceted approach that must include education and raising awareness, Ramaphosa said.
“We must make men and boys part of the conversation to prevent gender-based violence. We should also as society insist that women should have more control over their lives and economic independence which will reduce their vulnerability to violence.”
He told delegates that he was confident that the outcomes of the conference would have a significant impact in advancing the fight against GBVF.
INSIDE POLITICS