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Public Protector releases report
On 4 June 2024, the Office of the Public Protector released a report on the investigations into administrative deficiencies relating to the processing of gender-based violence (GBV) related matters within the South African criminal justice system.
In terms of section 182(1)(b) of the Constitution of the Republic of South Africa, the Public Protector is empowered to report on any conduct in state affairs that is suspected to be improper or to result in any impropriety or prejudice, and section 8(1) of the Public Protector Act, which provides that the Public Protector may make known the findings, point of view or recommendation of any matter investigated by her.
The investigation emanates from the administrative challenges faced by the public, particularly women and children, in the South African criminal justice system identified by the Public Protector.
On 18 June 2020, the Deputy Minister for Justice and Constitutional Development, Mr John Jeffery requested the Public Protector to investigate allegations reported in the media that Ms Altecia Kortje approached the Bellville Magistrate’s Court to apply for a protection order, but was turned away by the court officials. According to the media reports, Ms Kortje was allegedly murdered by her former partner on 12 June 2020, after the Bellville Magistrates’ Court officials failed to assist her with the application for a protection order. It was alleged that the conduct of the court officials was improper, constituted maladministration and prejudiced her and her family.
The evidence obtained by the Public Protector during the investigation indicates that the late Ms Kortje visited the Bellville Magistrate’s Court around midday, on 08 June 2020 to apply for a protection order. Her name was placed on the list of complainants in the Protection Order Section of the Bellville Magistrate’s Court. She was attended to by a clerk at the section who gave her an application form and explained to her the Protection Order application process.
It is established through the Public Protector’s investigation that Ms Kortje left the Bellville Magistrates’ Court about an hour after her arrival without completing and submitting the application form for further assistance. Her explanation to Ms Dolf, who had been accompanying her to court on the day, was that she did not expect that it would be a long process to obtain the Protection Order and there was too much to write.
Following the closure of this investigation, Public Protector began an own initiative systemic investigation into the root cause of the administrative challenges to address public complaints regarding the inadequate level of service delivery by the key role players, more specifically the following:
- The Department of Justice and Constitutional Development (DoJ&CD), which is the national department that is responsible for the administration of justice and overseeing the courts when dealing with GBV cases;
- The South African Police Service (SAPS), which has the constitutional mandate of preventing, combating and investigating crime and is one of the primary agencies of the state responsible for the protection of the public and especially GBV victims, as first responders; and
- The Department of Social Development (DSD), which has the constitutional mandate to provide appropriate social assistance for those unable to support themselves and to support and collaborate with other state institutions and other stakeholders in supporting victims of GBV.
Please click here to read the entire article. The investigation report can be accessed here.
Source: The Office of the Public Protector, South Africa
