1.1 Composition of the Task Group on Sexual Abuse of Children
The Task Group includes representatives from different political parties present in Parliament and comprises the following members:
Mr S Dithebe (ANC), Mr C Morkel (NNP) - Joint Monitoring Committee on Improvement of Quality of Life and Status of Children, Youth and Disabled Persons;
Ms P Cupido (DP), Prof S Mayatula (ANC) - Portfolio Committee on Education;
Dr O Baloy (IFP), Ms SK Mnumzana (ANC) - Portfolio Committee on Health;
Ms L Mabe (ANC), Mr M Masutha (ANC) - Portfolio Committee on Justice and Constitutional Development;
Mr M George (ANC), Ms A Van Wyk (UDM) - Portfolio Committee on Safety and Security;
Ms S Kalyan (DP), Mr E Saloojee (ANC) - Portfolio Committee on Social Development;
Ms P Govender (ANC), Ms R Southgate (ACDP) - Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women.
The hearings were also attended by a number of other Members of Parliament who were not officially members of the Task Group, but whose contributions over the four days enriched the process significantly.
1.2 Public Hearings
1.2.1 Aims
The aims of the hearings as defined by the resolution of the National Assembly of 14 November 2001 were to analyse the causes of child rape and abuse, and inform the parliamentary counter-strategies appropriately. The Task Group saw the aims of the hearings more specifically as-
- Understanding the nature of sexual violence;
- Developing a comprehensive picture of the causes of this crime and the conditions that exacerbate it; the political, social and economic values that underpin this violence;
- Highlighting shortcomings in existing legislation that should protect children, such as the Child Care Act, the Sexual Offences Act, the Criminal Procedure Act;
- Understanding the shortcomings in Government's response to violence against children, such as services to families, especially rape survivors; effective police casework; the criminal justice system, the rehabilitation of offenders;
- Identifying short, medium as well as long term solutions, and what action is needed from Parliament and Government;
- Establishing what is needed to change behaviour in respect of the sexual abuse of children.
1.2.2 Process
At the first meeting of the Task Group on 6 February 2002, Mr E Saloojee was unanimously elected as chairperson and it was agreed that he would take the responsibility of setting up the hearings. It was decided at this meeting that the hearings should be publicised as widely as possible and that the relevant government departments should be invited to brief the Task Group on their programmes aimed at combating the sexual abuse of children as well as the legislative framework within which these programmes operate.
Advertisements were placed in the Sunday Times and City Press on 10 and 17 February 2002 indicating a cut-off date for submissions of 3 March 2002. In addition, in the week of 11-15 February 2002 approximately 150 letters were faxed and emailed to a range of organisations and individuals throughout the country who would be interested in the issue of rape and abuse of children. The five relevant Ministers and Departments were invited to make very brief submissions on the first day of the hearings. In addition, the South African Law Commission was invited to talk about their work on the Review of the Child Care Act and the Sexual Offences Act.
Each Member of Parliament was given a batch of ten copies of the print advert with a covering letter asking them to publicise the hearings in their constituencies. The Task Group made every effort to ensure that it would benefit form as wide a range of inputs as possible. The Chairperson engaged the services of the Public Education Department at Parliament, which organised public information radio spots about the issue on 14 radio stations in all the official languages during the week of 23 February 2002 to 3 March 2002. The Public Education Department also facilitated the placement of extensive coverage of the hearings in the Independent Newspaper Group, which includes the Star and the Cape Argus. This was done using the resources of the Public Education Department.
Notwithstanding the time constraints within which the process had to be completed in order for the Task Group to report to the National Assembly by 15 March 2002, 51 responses in terms of applications to make oral submissions were received. Through a process of careful selection, the Chairperson's office and the Committee section decided on which organisations and individuals would be accorded a time slot. This decision was taken with a view to ensure the participation of the broadest spectrum of society possible, and included members of the academic sphere, non-governmental organisations, representatives of the Executive, and concerned or directly affected people from rural and urban environments. Those persons and organisations who could not be accommodated in the programme were invited to submit written submissions.
The Task Group agreed to fund eight individuals who were not able to afford to travel to Cape Town so that people are not excluded due to economic reasons. In all about 76 submissions had been received. The Task Group agreed to accept written submissions in any of the official languages, and in cases where people are unable to write, to accept recorded submissions so that as many voices were heard as possible.
The Task Group was supported in the extensive preparations of the hearings by the Parliamentary Research Unit.
The hearings were held from Monday, 11 March 2002 until Wednesday, 13 March 2002 from 09:00 to 17:00 each day, and from 14:00 until 18:00 on Thursday, 14 March 2002. Although there were serious time constraints, the Task Group is satisfied that it was able to extract from the hearings the relevant information to achieve the aims of the hearings. The meeting on 14 March 2002, at which the Task Group heard submissions from a group of children, was not open to the public. This was done in order to protect the identities of the children, some of who were survivors of abuse including sexual abuse. The Afrika Cultural Trust facilitated the children's participation.
The Task Group heard oral submissions from the following persons and organisations:
Monday, 11 March 2002
- Department of Social Development
- Department of Education
- Department Safety and Security
- Department Justice and Constitutional Development
- Department Home Affairs
- Department of Health
- South African Law Commission
- Chairperson of the NCOP (Ms N Pandor)
- Ms T Duze - Bultfontein
- Community Law Centre (UWC)
- Ms L Khoza - Newcastle
Tuesday, 12 March 2002
- Cape Town Child Welfare Society
- It's Your Move Youth Action
- South African National Council for Child Welfare
- WACA Advice Centre - Ms G A Rankua
- South African Human Rights Commission
- Childline
- UN Child Justice Project
- Ms F Dyanti (Rape Survivor)
- South African Catholics Bishops' Conference
- Domestic Violence Helpline (Durban)
- Shadow Pictures
- Rapcan
- Nadel
Wednesday, 13 March 2002
- Molo Songololo
- Ms R Kadalie
- UCT Children's Institute
- Far North Regional Network on Violence - Pietersburg
- Professional Board for Psychology
- CIET Africa
- Palliative Medicine Institute
- Johannesburg Child Welfare Society
- Medical Research Council
- Child Protection Programme (UWC)
- National House of Traditional Leaders
- ACCESS/ Children's Rights Centre / Soul City
Thursday, 14 March 2002
- Afrika Cultural Trust
A summary of all submissions received by the Task Group listed in alphabetical order follows in section 2 of this Report.