The Western Cape MEC of Social Development Sharna Fernandez is calling on all residents and organisations to comment on the Victim Support Services Bill. 

In a statement released on Monday, Fernandez said the bill forms part of a critical legislative framework by the government in its attempt to combat gender-based violence (GBV) and femicide in South Africa. 

The bill seeks to place the rights of victims at the centre of the criminal justice system and, while the perpetrators are afforded their rights, ensure the rights of the victim are protected and upheld. 

Fernandez said the development of a legislative framework that protects victims of violence and abuse has been long awaited. 

“For far too long the criminal justice system has overlooked the rights of victims of violence and abuse whilst the perpetrators of these heinous crimes are protected by the law,” Fernandez said. 

She said the criminal justice system presently focuses more on the rights of the accused in line with section 35 of the Constitution while placing limited emphasis on the victim’s rights. 

“The bill also brings to the attention of the courts the meaning of section 9 of the Constitution, which states that ‘everyone is equal before the law and has the right to equal protection and benefit of the law.’ 

“Victims of gender-based violence therefore require this protection and benefit of the law in the same manner that it is extended to the perpetrators,” Fernandez said. 

The bill was gazetted and published on July 17. It also makes secondary victimisation illegal.

Fernandez said GBV sees no race, class, ethnicity or political affiliation and communities and civil organisations need to work with the government to assist in alleviating the high levels of trauma and violence taking place within communities. 

Closing dates for comments on the bill is September 16. All comments must be submitted in the format: the clause commented on, proposal and motivation. 

Comments need to be submitted via post or email to the director-general of social development at: private bag X901, Pretoria 0001, or via email to Siza Magangoe on Sizam@dsd.gov.za; Luyanda Mtshotshisa on LuyandaMt@socdev.gov.za; or Anna Sithole on Annas@dsd.gov.za.