CRIMINAL JUSTICE SYSTEM GAPS IN GENDER-BASED VIOLENCE EXPOSED: PUBLIC PROTECTOR’S REPORT CALLS FOR URGENT REFORMS

Precious Mupenzi

• A recent report by the Public Protector of South Africa has exposed critical administrative failures within the country’s criminal justice system, specifically affecting victims of gender-based violence (GBV). 
• This investigation, led by Senior Manager Veronica Pillay, assessed the Department of Justice and Constitutional Development (DoJ&CD), the South African Police Service (SAPS), and the Department of Social Development (DSD). It highlighted alarming shortcomings in service delivery, particularly in light of the tragic case of Ms. A. Kortje, whose death after seeking protection underscores the urgent need for reform.
• The report demands immediate remedial actions from these departments to rectify their failures and better safeguard vulnerable individuals.

A recent report by the Public Protector of South Africa has revealed shocking administrative failures within the country’s criminal justice system, highlighting how these administrative challenges continue to endanger victims of gender-based violence (GBV). The systemic investigation, led by Senior Manager Veronica Pillay from the Office of the Public Protector, focused on three critical institutions: the Department of Justice and Constitutional Development (DoJ&CD), the South African Police Service (SAPS), and the Department of Social Development (DSD).

The Public Protector has identified administrative challenges in the delivery of services to GBV victims. A report termed “a first of its kind” was presented during the Shelter Indaba currently underway in Sandton by Ms. A. Kortje, who was murdered by her former partner after seeking protection from the Bellville Magistrates’ Court. The investigation found that the justice system’s administrative lapses contributed significantly to her death, as the DoJ&CD, SAPS, and DSD failed to provide the protection she needed.

A Tragic Case Ignites Investigation

On 8 June 2020, Ms. Kortje visited the Bellville Magistrates’ Court to apply for a protection order. Due to long waiting times and complex procedures, she left the court without submitting her application. Just four days later, she was killed by her former partner. This devastating incident triggered an investigation, requested by former Deputy Minister of Justice John Jeffery, into the systemic issues surrounding GBV cases in South Africa.

Veronica Pillay presented the findings, stating that the tragic death of Ms. Kortje is a direct consequence of the administrative failures in our justice system. Her case is not isolated but a reflection of the wider issues that are putting many lives at risk.

Findings Against the Department of Justice

The investigation uncovered alarming flaws within the Department of Justice. Out of 38 courts inspected across all nine provinces, only one, the Point Branch Family Court in KwaZulu-Natal, was deemed to be operating effectively. Many courts were found to be in poor condition, lacking essential equipment and insufficiently staffed. These infrastructure and human resource challenges hindered timely access to protection orders for victims.

“There is a significant gap in how courts handle GBV cases. Long waiting times, insufficient privacy for consultations, and inadequate communication with victims are common issues that have made it difficult for victims like Ms. Kortje to receive the urgent help they need,” Pillay noted.

South African Police Service Failures

The report also revealed severe shortcomings in how SAPS responds to incidents of GBV. Many police stations, especially in rural areas, lack Victim Friendly Rooms (VFRs), forcing survivors to recount traumatic experiences in crowded, unsafe environments. Some police officers were found to have failed to inform victims of their rights or register cases, instead directing them to apply for protection orders themselves.

“Police officers are often the first point of contact for victims. Their failure to follow through with proper procedures not only endangers the victims but also undermines public trust in the justice system,” Pillay explained. The report further noted that in some instances, perpetrators were not arrested on the spot despite evidence of violence.

Department of Social Development’s Shortcomings

The DSD, responsible for providing social support services to GBV victims, also came under fire. The investigation found that there were not enough shelters to accommodate GBV victims, and the GBV Command Centre (GBVCC) was woefully understaffed, with only 38 social workers serving the entire country. This lack of resources severely limits the department’s ability to provide timely assistance, such as trauma counselling and safe housing.

Pillay stressed the need for an integrated approach, stating, “A multi-sectoral collaboration is essential. The DSD, SAPS, and DoJ&CD must work together more effectively to protect victims. Without this, the cycle of violence will continue.”

Binding Remedial Actions

The Public Protector’s report is legally binding and includes strict remedial actions. All three departments have been given 180 days to rectify their administrative challenges. The DoJ&CD must conduct an audit of all courts and develop a plan to address infrastructure, staffing, and equipment needs, while SAPS is required to improve victim support facilities and officer training. The DSD must expand shelter capacity and resolve staffing shortages at the GBV Command Centre.

“We have given these institutions clear timelines to implement the necessary reforms. Failure to do so will not only continue to put lives at risk but will also violate the rights of victims,” Pillay concluded.