14 August 2024: In the last five years, courts around the country have thrown out cases of gender-based violence and femicide (GBV) due to missing dockets in the hands of the South African Police Service (SAPS). Authorities are yet to identify where the cracks are from reporting stage to dockets being made available to the courts for prosecution. The National Shelter Movement of South Africa (NSMSA) is calling for the tightening of the records system, with digital efficiency, to combat the seemingly deliberate sabotage of the justice system.
NSMSA Board member Teboho Mashota says, “We must support the current call on the investigation of the missing dockets. It is a very big concern that dockets, which are supposedly stored electronically can go missing. Digital systems have security features and therefore we should not be dealing with cases of missing dockets. This is a clear indication that GBVF is still not being prioritised in a country with high levels of violence against women and children because no one is speaking out on behalf of the victims who opened the cases. What support will they get, seeing that their cases have been withdrawn? Is their safety even considered? This is what is concerning for me, and the fact that it will also deter other women from opening cases”.
Another member of the NSMSA board Greer Schoeman says, “Our statistics of GBVF are still some of the highest in the world. Nearly six times the global average. We know that the vast majority of cases go unreported and there should be a GBV desk at every police station and proper resources for women’s shelters. One-stop shops have been proven to work more efficiently, if you compare cases reported at Thuthuzela Care Centre, to cases reported at SAPS. The rate of prosecution is much better if a woman goes through the centre and that is the survivor-centred response we need to work on. This will also start to limit secondary victimisation which is quite rampant. We need better accountability and cooperation between SAPS and first responder organisations, who are working on the ground to assist women. There should also be increased resourcing for the women’s ministry – this is not a one-department issue, we need accountability across all departments.”
NSMSA’s National Coordinator Anisa Moosa says, “August marks Women’s Month, yet despite the struggle against GBVF, SAPS statistics show an increase in cases of assault, attempted murder and murder of women and children. It is therefore especially unacceptable that a large number of sexual assault cases remain unresolved. This is a basic human rights issue that has serious and devastating implications for South Africa, where the statistics for GBVF are already amongst the highest in the world. There is a lack of confidence in our justice system that stems from its failure to protect and ensure the safety of those in need. Perpetuation of violence against women and children daily and an increase in trauma and mental health challenges, are evidence and a result of the violation and threats to vulnerable and marginalised groups. As a nation, we cannot turn a blind eye to the fact that GBVF is tolerated and dismissed in our own country – we must speak out and take action.”
NSMSA’s Mpumalanga representative Sindisiwe Msimango says, “The closing of unresolved dockets is a very serious issue which has been raised at one of our community awareness campaigns. Why were the cases closed due to a lack of evidence? Why then should victims open cases when they will be told that there is a lack of evidence? Who is not doing their jobs when it comes to GBVF? Sixty-one thousand (61 000) rape cases being closed due to lack of evidence is mind boggling. This is heartbreaking for survivors, especially women.”
NSMSA’s Gauteng representative Lisha Stevens says, “We need to ask ourselves some questions about the implications of missing dockets and what it means to the victims. Does the closing of these cases mean that the victim loses their sense of self once again, as she did when the crime was first committed against her and then again when she opened that case which was never investigated and resolved? Are we saying that all that trauma and torment was for nothing? That once again the victim’s lips are shut?”
NSMSA’s Executive and Northern Cape representative says, “The sad part about sixty-one thousand (61 000) rape cases, not being prosecuted because the cases have been closed, is that authorities still don’t realise the damaging, rippling effect sexual abuse has on the victims. We hope that the government of national unity has the guts and will power to let heads roll this time and render justice to the victims.”
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The NSMSA’s National GBV Shelter Helpline helps victims and survivors access all GBV-related services. Call toll-free from a landline or Telkom mobile on 0800 001 005 or dial 112 from a Vodacom or Cell C phone or send a WhatsApp or PleaseCallMe to 082 057 8600.
