tbinternet.ohchr.org · web viewthe average number of sentenced children dropped from 148 to 126...

Annexure 2 to South Africa’s Reply the List of Issues (CAT/C/ZAF/Q/2/Add.1)

Table 1: Annual averages of Remand Detainees from 2006 – 2017

Calendar Years Remand Detainees

Sentenced Total RD % Sentenced %

Average for 2000 2229 1681 3910 57.01 42.99Average for 2001 2042 1711 3753 54.41 45.59Average for 2002 2255 1796 4051 55.67 44.33Average for 2003 2324 1802 4126 56.33 43.67Average for 2004 1912 1698 3610 52.96 47.04Average for 2005 1332 1233 2564 51.95 48.09Average for 2006 1144 1095 2239 51.09 48.91Average for 2007 1196 892 2087 57.31 42.74Average for 2008 928 870 1799 51.58 48.36Average for 2009 696 854 1550 44.90 55.10

Child Justice Act (14 to below 18 years)Average for 2010 346 658 1004 34.46 65.54Average for 2011 366 552 918 39.87 60.13Average for 2012 367 417 784 46.81 53.19Average for 2013 241 296 537 44.88 55.12Average for 2014 167 235 402 41.54 58.46Average for 2015 108 191 299 36.12 63.88Average for 2016 79 160 239 33.05 66.95Average for 2017 74 129 203 36.45 63.55

Table 2: Long term trend: 2001-2017: Annual average based on calendar years:Source MIS 2001-2014 and Daily unlock calculation: 2015-2017

Explanation with regards to children:

From 2000 to 2017 the average number of children in pretrial detention was reduced by more than 90%.

While the Remand Detainees reduced by almost 97%, sentenced children dropped by 92.33% over a

period of 17 years. The largest reduction of 1 046 in the average number of children was observed

between 2004 and 2005 calendar years followed by a reduction of 546 between 2009 and 2010 calendar

years. The highest number of children recorded in terms of the long-term trends was in 2003 (4 126). Of

the children detained, Remand Detainees constituted more than 55% while sentenced children constituted

43.67%.

Since 2009 the annual averages reflected a reduction in the number of Remand Detainee children as

compared to the sentenced children. While in 2007 the average number of Remand Detainee children was

57.31% of the children detained in the Department of Correctional Services, ten years later i.e., in 2017

the reported average for Remand Detainee children dropped to 36.45%.

1

The average number of sentenced children dropped from 148 to 126 between the financial year 2016/2017 1

and 2017/2018. This constitutes a decrease of 14.86%. Based on the table reflecting the annual averages of

the inmate population for 2017/18 financial year, the ratios of children to juveniles and other categories of

inmates was 1:34 and 1:751 respectively.

The ratio of male children to other male detainees was 1: 781. The ratios of female children to female

juveniles and other female detainees were 1:40 and 1:997 respectively. The ratios of Remand Detainee

children to juvenile Remand Detainees and other categories of Remand Detainees were 1:47 and 1:497

respectively. The ratios of sentenced children to juvenile and other categories of sentenced offenders were

1:26 and 1:908.

Table 2: Summary of average prison population: 2017/2018

Inmates Children(14 to <18 years)

Juveniles(18 to 20 years)

Youth, Adults and elderly(21 and older)

Total % against all inmatesFemale Males Tota Fem Mal Total Female

sMales Total

Remand Detainees

3 75 78 92 3 3 675 1 086 37 744 38 830 42 583 26.52

Other un-sentenced

0 0 0 0 4 4 0 118 118 122 0.08

Sentenced 1 125 126 67 3 3 306 2 901 111 545 114 117 73.41

Total 4 200 204 159 6 6 985 3 987 149 407 153 160 100.00

% 0.002 0.12 0.13 0.10 4.25 4.35 2.48 93.04 95.52 100Others: State Patients and Involuntary Mental Health Care Users: Deportation Group phased out2

Table 1 Annual average for 2017/18 based on the daily unlock

According to the 2016/2017 Annual Report on the Implementation of the Child Justice Act an average of

73 remand detainee children were in detention as compared to an average of 78 children who were detained

during 2017/2018 financial year. The noted increase constituted 6.87% over the two reporting periods.

The average number of inmates in 2017/18 was 160 583 and children constituted 0.13% (204) of the total

inmate population. Remand Detainee (RD) children constituted 0.18% (78) of the RD population (42 705)

and sentenced children constituted 0.11% (126) of the sentenced population (117 878). Four (4) female

children constituted 1.96% and males 98.04% of the total average of 204 children in detention during

2017/18 financial year. Female children (4) constituted 0.10% of the total average female population (4

150) while the male children (200) constituted 0.13% of the total average male population (156 433).

1 DCS Annual report on implementation of Child Justice Act: 2016/17 2 Deportation group falls under the mandate of the Department of Home Affairs. They are no longer detained in DCS because of the court judgement (Minister of Home Affairs v Rahim and Others [2016] ZACC 3 which found that it was unlawful to detain the deportation categories with the convicted inmates.

2

Table 3: Annual average of children in remand detention, 2010-2018

Average for 2011 366Average for 2012 367Average for 2013 241Average for 2014 167Average for 2015 108Average for 2016 79Average for 2017 74Average for 2018 98

Since the implementation of the Child Justice Act the number of children referred to prison has reduced.

The annual average number of children in remand detention including pretrial reduced by more than 75%

from 2010 to 2018.

Table 4: Matters referred to the NPA, 2017/2018

Awaiting response 1029

Declined to prosecute 297

NPA Query 39

Inquest 4

Prosecute 51

Withdrawn 8

During 2017/18 Financial Year, after completion of investigation 1428 matters were referred to the NPA

for it to make the decision as to whether to institute criminal proceedings against the suspects or not

3

Table 5: Criminal convictions reported, 2017/2018

Deaths in police custody 1

Deaths as a result of police action 32

Discharge of an official firearm 14

Rape by a police officer 5

Rape in police custody -

Torture -

Assault 33

Corruption 8

Systematic corruption -

Non-compliance with IPID Act 1

Other criminal offence and misconduct 5

During the 2017/18 Financial Year, 99 Criminal Convictions were reported.

Table 6: Acquittals reported, 2017/2018





Rape in police custody 1

Torture -

Assault 37

4

Corruption 3


Non-compliance with IPID Act -


During the 2017/18 Financial Year, 55 acquittals were reported.

Table 7: Disciplinary convictions pursuant to recommendations made by IPID, 2017/2018





Rape in police custody 7

Torture -

Assault 132

Corruption 8




During the 2017/18 Financial Year, a total of 1823 disciplinary recommendations were referred to SAPS.

The total number of disciplinary convictions is 234.

5

Table 8: Disciplinary acquittals pursuant to IPID referrals, 2017/2018





Rape in police custody -

Torture -

Assault 110

Corruption 3




The total number of disciplinary acquittals is 159.

Table 9: Applications for Asylum received and approved, 2014-2018

Year Applications Approvals2014 71914 92302015 62159 24992016 35377 31572017 24174 22672018 18354 1594

NOTE:

The approvals are based on individual claims based on the provisions of the Refugees Act, 1998, section

3.

Based on the confidentiality claim for asylum, individual claims are not recorded for statistical purposes

and therefore the statistics on the number of claims indicating torture or possible torture are not available.

6

Table 10: Total number of segregations (2015/16 to 2017/18)

* Including Section 30(1)(b) cases) and appeals to the Inspecting Judge

2015/16 2016/17 2017/18

Segregations 12 678 10 760 9 943

Appeals 27 53 41

Table 11: Number of Bail Applications submitted and the number of successful applications

(2015/16-2018/2019)

Bail Review (Bail Protocol and 63(1)Period Submitted

Applications

Successful application

2018/19: (April to November 2018)

19030 5817 (30.57%)

2017/18 24492 6459 (26.37%)2016/17 25506 7677 (30.10%)2015/16 25242 15062 (59.67%)

Table 12: Inmates on Anti-Retro Viral Therapy (ART), DCS, 2014/15-2018

YEAR NUMERATOR (Those on ART)

DENOMINATOR (Those who are eligible)

PERCENTAGE

2014/2015 17526 18063 97.02%

2015/2016 21722 22142 98.10%

2016/2017 24506 25042 98%

2017/2018 26442 27389 97%

7

Table 13: Rate of natural deaths for the financial years (2014/2015 to 2017/ 2018)

PERIOD NUMBER OF NATURAL DEATHS

INMATE POPULATION

NATURAL DEATHS AS A PERCENTAGE OF THE INIMATE POPULATION

2014/2015 610 157141 0.388%=0.39%2015/2016 569 159632 0.356%=0.36%2016/2017 519 158853 0.327%=0.33%2017/2018 315 159519 0.197%=0.2%

Table 14: Unnatural deaths as reported by the regions, 2014/15

Unnatural Death as reported by the Regions TOTAL

Assault (Member on Offender)1

Assault (Offender on Offender)6

Drowning1

Medication Overdose 2Shooting Incident Member (Escape)

2

Suicide Hanging 10

Suicide Other1

Unnatural Causes Other 1

Unnatural Causes Unknown 16Stab wound 1

Smoke inhalation2

Burn wounds1

NATIONAL44

8

Table 15: Cause of unnatural deaths reported by regions, 2015/2016

CAUSE OF UNNATURAL DEATHS REPORTED BY REGIONS TOTAL

Medication overdose 3

Unknown cause 29

Assault: Offender on Offender 8

Suicide: Hanging 16

Suicide other: Self harm 1

Smoke inhalation 2

Complication after operation 0

Shot by SAPS 1

Burn injury 2

TOTAL 62

Table 16: Cause of unnatural deaths reported by regions, 2015/2016

CAUSE OF UNNATURAL DEATHS REPORTED BY REGIONS TOTAL


Unknown cause 29


Suicide: Hanging 16

Suicide other: Self harm 1

Smoke inhalation 2

Complication after operation 0

Shot by SAPS 1

Burn injury 2

TOTAL 62

9

Table 17: Causes of death reported by the regions, 2016/2017Cause of Death Reported by the Regions TOTAL


Unknown cause 22

Assault: Inmate on Inmate 3

Suicide: Hanging 13

Suicide: Drinking Poison 1

Assault by official 3

Burn wounds 4

Shooting by private person 1

TOTAL 52

10

Table 18: Area/reason of unnatural death, 2017/2018

AREA/ REASON OF UNNATURAL DEATH TOTAL

Official on Offender 0


Suicide Hanging 21


Suicide other: Self harm 1Burn wounds 1

Unknown cause 26

GRAND TOTAL 61

Table 19: Number of unnatural deaths (1 April 2018 to 31 December 2018)

PERIOD NUMBER OF UNNATURAL DEATHS

2014/2015 44

2015/2016 62

2016/2017 52

2017/2018 61

2018/2019 (1 April 2018 to 31 Dec 2018) 57

11

Table 20: IPID statistics of deaths in detention, 2014/2015

DEATHS IN DETENTION TOTAL

Injuries sustained during arrest 1

Suicide(Accidental suicide or other) 1A suspect died during the course of an escape 1 Suicide (Shooting) 1A suspect died during the course of arrest 3 Suicide(Accidental suicide or other) 1 Suicide (Shooting) 2Domestic violence related deaths 1 Suicide (Shooting) 1Injuries sustained in custody (Inmates/Suicide) 21

Assaulted 16Poisoning 4Suicide (Shooting) 1

Injuries sustained in custody (SAPS member) 2 Shot with service firearm 2Injuries sustained prior to custody (Civilian) 12

Assaulted 8Shot with private firearm 4

Injuries sustained prior to custody(crime related) 5Assault 3Shot with service firearm 2

Injuries sustained prior to custody(Motor vehicle accident) 3

Suspect in vehicle collision, while being pursuit by police 3

Injuries sustained prior to custody(Suicide) 2 Poisoning 2Injuries sustained prior to custody(Vigilantism) 69 Assaulted 69Natural Causes 60 Natural causes (illness) 60Suicide 65 Suicide (hanging) 65Total 245


12


Injuries sustained in custody (Escape) 1 Shot with service firearm 1Injuries sustained in custody (Inmates/Suicide) 13

Assaulted 8Poisoning 1Suicide (Shooting) 3Burning 1

Injuries sustained in custody (SAPS member) 14 Shot with service firearm 7 Assaulted 7Injuries sustained prior to custody (Civilian) 5

Assaulted 2Shot with private firearm 3

Injuries sustained prior to custody(crime related) 4Assaulted 1Shot with private firearm 1Shot with service firearm 2

Injuries sustained prior to custody(Suicide) 8 Poisoning 1 Shot with private firearm 2 Suicide (Accidental suicide or other) 4 Suicide (Shooting) 1Injuries sustained prior to custody(Vigilantism) 49 Assaulted 49Natural Causes 56 Natural causes (illness) 56Suicide 66 Suicide (hanging) 66Total 216

13



Injuries sustained in custody (Inmates) 13Assaulted 12Suffocation 1

Injuries sustained prior to custody (Civilian) 6Assaulted 4Shot with service firearm 1Shot with private firearm 1

Injuries sustained prior to custody (crime related) 17Assaulted 3Burning 1Shot with service firearm 7Shot with private firearm 3Suspects in vehicle collision, while being pursued by police 3

Injuries sustained prior to custody (SAPS) 8Assaulted 2Suffocation 1Shot with service firearm 5

Injuries sustained prior to custody (Vigilantism) 56Assaulted 56

Natural Causes 101Natural Causes 101

Suicide 89Suicide (hanging) 89

Injuries sustained prior to custody (Suicide) 8Suicide (Accidental suicide or other) 6Suicide (Shooting) 2

Injuries sustained in custody (Escape) 1Shot with service firearm 1

Injuries sustained in custody (suicide) 3Suicide (Accidental suicide or other) 1Burning 1Poisoning 1

Total 302

14



Injuries sustained in custody (Inmates) 10Assaulted 9Shot with private firearm 1

Injuries sustained in custody (Suicide) 5Poisoning 1Shot with private firearm 1Suicide (Accidental suicide or other) 3

Injuries sustained prior to custody (crime related) 7Assaulted 3Shot with private firearm 3Suspects in vehicle collision, while being pursued by police 1

Injuries sustained prior to custody (SAPS) 1Assaulted 1

Injuries sustained prior to custody (Suicide) 8Poisoning 3Suicide (Accidental suicide or other) 2Suicide (Shooting) 3

Injury sustained in custody (escape) 2Suicide (Accidental suicide or other) 2

Injury sustained prior to custody (SAPS) 4Assaulted 1Shot with service firearm 3

Injury sustained prior to custody (vigilantism) 43Assaulted 41Shot with private firearm 1Shot with service firearm 1

Natural Causes 63Natural causes (Illness) 63

Suicide (Hanging) 58Suicide (Hanging) 58

Total 201

15

Table 24: Prosecution and sentencing of law enforcement officials for death as a result of police action and death in custody

Sentences Number of casesDirect imprisonment from 7 -25 years 18Sentenced to Life imprisonment 4Suspended sentences 10Grand Total 32

Table 25: List of finalized torture cases

Region Court

Name

Case

Number

Accused Name Age Charges Outcome Date

Outcome3

Gauteng Pretoria North

2/58/2017

MORE BLESSING

MARUMBWRE

19 Committing torture/attempting to commit torture/inciting, instigating, commanding or procuring any person to commit torture

24-10-17 Sentenced

Gauteng Johannesburg

41/1328/2017

LAVENDER NYONI


09-10-18 Sentenced


41/1328/2017

NKULULEKO NHMA


09-10-18 Sentenced


41/1328/2017

KUNDAI CHIKWERE


09-10-18 Sentenced

KZN Impendle 134/2017 NTANDO DLAMINI


10-08-17 Sentenced

Western Cape

Wynberg SHE29/18

MOEGAMAT BADEROEN


11-12-18 Sentenced

KZN Emlazi RC143/17

SIYABONGA RADEBE


14-11-17 Sentenced

KZN Mapumul RC17/20 XOLANI 47 Committing torture/attempting to 26-09-18 Not Guilty

3 Sentencing details to be provided16

o 18 REGINALD CEBEKHULU

commit torture/inciting, instigating, commanding or procuring any person to commit torture

Western Cape

Cape Town

25/1021/18

TENDAI MVURUME

34 Participating in torture/conspiring with a public official to aid/procure the commission of or to commit torture

28-12-18 Sentenced

MP Tonga RCT140/17

MADALA SCOTCH MAKAMU


07-02-19 Discharged

Gauteng Wynberg RC715/17

COLBERT MFUYENI

HLONGWANE


17-04-18 Sentenced

Gauteng Midrand J83/2017 GIVEN NGWENYA


28-02-17 Sentenced

Gauteng Newlands

62/195/17

FRANCIS JOHN 28 Participating in torture/conspiring with a public official to aid/procure the commission of or to commit torture

17-05-17 Sentenced

Gauteng Tembisa TRC162/18

SIYABULELA BENJAMIN MXHAMLI


15-05-18 Sentenced

Eastern Cape

Elliotdale E902/2018

NTSIKELELO DYANI


20-11-18 Sentenced

Eastern Cape

Kirkwood

RC09/18 ATHENKOSI MBUNGE


02-08-18 Not Guilty

Eastern Cape

Bedford 91/17 ISMAEL KOESTER


08-05-18 Not Guilty

LP Mookgophong

710/2016 MUJE SIGUKE 37 Committing torture/attempting to commit torture/inciting, instigating, commanding or procuring any person to commit torture

12-12-16 Sentenced

MP Piet Retief

PSH87/2017

CHRISTOPHER MTHEMBU

30 Committing torture/attempting to commit torture/inciting, instigating, commanding or procuring any person to commit

25-08-17 Sentenced

17

torture

MP Graskop G89/2018

BIGJIM MALAPANE


07-12-18 00:00

Sentenced

LP Malamulele

28/17 HLENGANI PATRICK CHAUKE


06-03-17 00:00

Sentenced

Table 26: Section 4 TiP Prosecutions (up to 2017)

EASTERN CAPE

None

FREE STATE

ACCUSED NAME CHARGES PERIOD

M S Mzizi

ParkRoad CAS215/7/16

DPP Ref E1005/16

Conspiracy to commit S.4 TiP 2016

C S Ezinna

Kagisanong CAS 274/9/16

DPP Ref E203/17

S. 4 TiP & Drugs 2016

S Butt & 2 Others

Ventersburg CAS 19/2/16, 58/2/16

& 46/11/16

DPP Ref E88/17

S.4 TiP and Migrant Smuggling 2016

SOUTH GAUTENG


Phumzile Sithole

Kempton Park RC

PP = Adv Marasela

S. 4(1) Act 7/2013 (x 2) 2015

Amako Frank &

Another

JHB HC

PP = Adv Ngodwana

S. 4(1) Act 7/2013, Rape, Assault (x 2) 2016

Bodia Madeka

Kempton Park

PP = Adv Wassermann

S. 4(1) Act 7/2013 (x 4), fraud, Immigration

Act

2016

Madika Kadongolo S. 4(1) Act 7/2013 (x 4), theft, fraud 2016

18

Alexandra CAS

PP = Adv Marasela

Uche Nwasu & 2

Others

JHB CAS

S. 4(1) Act 7/2013 (x 4), assault 2016

Kechurwu Odachi & 2Jeppe CAS

Human Trafficking 2016

Ezinwa Nnamdi NelsonKempton Park CAS

S. 4(1) Act 7/2013 2016

Nyaradzo MunetsiKempton Park CAS

Human Trafficking, Fraud, immigration 2016

SibandaThomas FabiaoGermiston CASAdv Brits


Fatima OnorioGermiston CASAdv Moloko


NORTH GAUTENG


Americo Chaoque

Brits RC

S. 4(1) Act 7/2013 (Child labour x

6 – kids from Mozambique)

2016

R T Balele

Brits RC

S. 4(1) Act 7/2013 (x 2) 2016

Anderson Ngwasu

Sunnyside CAS

S. 4(1) Act 7/2013 2016

Abba

Case no: A16/617/16

Sunnyside CAS 34/9/16

Adv A Roos

S. 4(1) Act 7/2013 92016

Oboro Drugs & Extortion 2017

KWAZULU NATAL


Madlala (Gumtree case) S. 4(1) Act 7/2013 2015

Makhosini Fakudze

Durban R/C K

S. 4(1) Act 7/2013 2016

Tazley Msweli & 1

Pinetown R/C 1

S. 4(1) Act 7/2013 2016

Qinglin Ye & Others

New Castle CAS 19/2/17

S. 4(1) Act 7/2013 2017

LIMPOPO


19

Groblersdal CAS 79/5/17 W/O

Moela

S. 4(1) Act 7/2013, Rape, Assault 2017

MPUMALANGA


E. Khoza & Another

Kabokweni RC

Case no RC146/16

Kabokweni CAS 197/9/15

S. 4(1)(a) Act 7/2013 & Child

Neglect

2015

N. Khoza & 2 Others

Nelspruit RC2

Case no 298/16

Nelspruit CAS 313/12/15

S. 4(2) Act 7/2013 2015

N. Khoza & 1 Other

Nelspruit RC2

Case no 48/17

Nelspruit CAS 313/12/15

S. 4(2) Act 7/2013 2015

Maphosa & Another

Kanyamazane RC

Case no K158/16

Pienaar CAS 226/2/16

S. 4(1)(a) Act 7/2013 &

Rape

2016

Luxiano Paulo Hansassela

Tonga RC

Case no P151/16

Schoemansdal CAS 21/4/16

S. 4 (1) Act 7/2013 &

Rape

2016

Mathebula & Another

Kabokweni RC

Case no B86/15

Masoyi CAS 33/2/15

S. 4 (1) Act 7/2013 2015

Raymond K Dumati & Another

Komatipoort

CAS 81/5/16

Abduction / Trafficking 2016

L. Makhubela & J. C. Thikizi

Vosman CAS 65/03/16

Case no: S/H ________

S. 4 Trafficking – sexual

exploitation

2016

J. C. Thikizi

Vosman CAS 65/03/16

Case no: S/H 236/16

S. 4 Trafficking – sexual

exploitation

2016

NORTHERN CAPE


Wrenchville CAS 21/1/16 S. 4 Act 7/2013 2016

20

NORTH WEST


Geoffrey Bishop Mwake S. 4 (1) Act 7/2013 2016

Hani Abugu

Rustenburg CAS 340/7/16

s. 4(1)(c) & S. 5 Act 7/2013 2016

Harrison Odo & 2 Others

Rustenburg CAS 184/7/16

s. 4(1)(c) Act 7/2013 2016

Jabu Sailesi & 2 Others

Boitekong CAS 344/7/16

s. 4(1)(c) & S. 49(7) Act 7/2013 2016

(truck with 57 Malawians)

WESTERN CAPE


Simon Eze Light & Nancy Eze

Light

PP = P Chauke

Goodwood CAS 221/10/2015

Trafficking in persons for labour

exploitation

2015

Milnerton CAS 505/05/16

TiP for sexual exploitation 2016

Portia Sibanda

Kwanonkuthula CAS 24/11/15

George RC

S 4(1) Labour exploitation 2015

Table 27: Number of individuals convicted for Trafficking in Persons crimes (2018/19)

PROV ACCUSED NAME

ACCUSED VICTIM(S) OFFENCE(S)

EC Matini & Another

2 SA females 2 mentally disabled adult SA women

2 SA female children

S 71 Act 32/2007 & POCA

Sexual exploitation

Acc 1 Life imprisonment

Acc2 5 years ito S 276(h)

SG Frank & Another

2 Nigerian males 1 SA women S 4(1) Act 7/2013

Sexual exploitation

Rape, Assault

Both Life imprisonment

SG Ugochukwe 1 Nigerian male 1 SA female child S 4(1) Act 7/2013

Sexual exploitation

21

PROV ACCUSED NAME

ACCUSED VICTIM(S) OFFENCE(S)

Life imprisonment

NG Wiedermeyer & Others

1 SA male

2 Nigerian males

SA female S 71 Act 32/2007

All 3 Life imprisonment

NG Balele 1 Mozambican male

2 Mozambican children (7 & 15 yrs)

S 4(1) Act 7/2013

Sexual exploitation

Life imprisonment

NG Abba & Obasi 2 Nigerian males 1 SA woman

1 Zim woman

S 4(1) Act 7/2013

Sexual exploitation

12 & 18 years respectively

NG Onyeka 1 Nigerian male 2 SA women S 71 Act 32/2003 Sentence pp 14/03/2019

WC Sv Simon Ezylight & 1 other

2 Nigerian males 1 SA woman S 4(1) Act 7/2013

Labour exploitation

R45 000 compensation to victim and correctional supervision

NOTE:

The victim in this matter did not want to testify. She wanted the accused to compensate her. She was unwilling to testify against the accused. The accused agreed to compensate her. The matter was disposed of via a Plea and sentence agreement

22

Table 28: Domestic violence (civil process) (2016/17 and 2017/18):

Table 29: Domestic violence: types of abuses (2017/18)

Table 30: Domestic violence (criminal process) (2016/17 and 2017/18)

23

Table 31: Progress on femicide cases (2018/19)

Femicide

Verdict

s

Convictio

ns Conviction Rate

Q3 8 8 100,0%

Q2 17 16 94,1%

Q1 22 21 95,5%

Total Apr - Dec 2018 47 45 95,7%

*In 2017/18, a total of 79 cases was finalised with a verdict, of which only one acquittal was obtained. Hence a conviction rate of 98.7% was maintained. Lengthy sentences are imposed as reflected in the cases below:

S v Manaka: The accused and the deceased were living together as husband and wife. The accused strangled the deceased after an altercation. The accused pleaded guilty and was sentenced to 10 years’ imprisonment.

S v Nashwa: The accused and deceased were in a relationship. The deceased tried to end the relationship and was in another relationship since December 2013. On 7 February 2014, the accused met with the deceased under false pretences. The accused was charged with rape, robbery with aggravating circumstances and murder. The accused subsequently burnt the body of the deceased as well as the deceased’s vehicle. The accused was convicted of murder and defeating the ends of justice. He was sentenced to life imprisonment for murder and a further 3 years’ imprisonment to run concurrently on the charge of defeating the ends of justice.

S v Chaleka: The accused was charged with 2 counts of attempted murder, murder and possession of unlicensed firearm and ammunition. The accused was the ex-boyfriend of the deceased. The accused was sentenced to life imprisonment in respect of her murder and to 15 years in respect of each count of attempted murder as well as the unlicensed possession of a firearm. He was further sentenced to 5 years’ imprisonment in respect of unlicensed ammunition.

S v Mamkhuba: The deceased was the accused’s girlfriend. The accused was sentenced to 12 years’ imprisonment upon his conviction.

S v Leeuw: The accused was the deceased’s boyfriend. The accused was sentenced to 18 years’ imprisonment in the High Court.

S v Zwane: The accused and deceased were in a relationship. The deceased was six months pregnant. The deceased died due to blunt force trauma to the head. The accused was sentenced to 45 years’ imprisonment in the High Court.

S v Rambauli: The accused and the deceased were married and had a 6-year old child. The accused shot both the deceased several times. The accused was sentenced to 30 years’ imprisonment in the High Court.

S v Mathye: The accused killed her husband and upon conviction was sentenced to 10 years’ imprisonment in the High Court.

24

S v Sithole: The accused and deceased were in a relationship. The accused was sentenced to 13 years’ imprisonment in the High Court.

Table 32: Sexual offences conviction rates

All public prosecutors indicated their commitment to curb the ongoing violence against women, children

and the vulnerable by finalising 6 879 sexual offences cases with a verdict and obtaining 5 004

convictions. Not only did this performance exceed the set target of 69% by 5%, but it was also the highest

conviction rate recorded in the past five years. The high conviction rate of 72.7% was a clear indication of

the commitment of the public prosecutors to act decisively against the offenders and to strive to prevent

sexual violence. The multi-disciplinary approach followed by the re-established provincial structures with

stakeholders from the DoJ&CD, Legal Aid SA, the South African Police Service (SAPS), Department of

Health and the NPA are clearly bearing fruit in the fight against violence. The upward trend in the

conviction rate is indicated in the table and figure below:

Table 33: Funding provided for basic education by the TRC, 2015-2018

Academic year Positively Verified Funded

2015 333 317

2016, 682 493

2017 969 837

2018 1353 999

25

Table 34: Funding provided for Higher Education and Training by the TRC, 2015-2018

Academic year Positively Verified Funded

2015 315 111

2016 540 138

2017 450 312

2018 457 438

Electronic links to latest Annual Reports:

Department of Justice and Constitutional Development:

http://www.justice.gov.za/reportfiles/anr2017-18.pdf

Department of Correctional Services:

http://www.dcs.gov.za/wp-content/uploads/2018/10/DCS-AR-2017-18-WEB.pdf

Department of Home Affairs:

http://www.dha.gov.za/files/Annual%20Reports/AnnualReport2017-18.pdf

SAPS:

https://www.saps.gov.za/about/stratframework/annual_report/2017_2018/

saps_annual_report_2017_2018.pdf

Department of Defence:

http://www.dod.mil.za/documents/annualreports/DoD%20Annual%20Report

%202017%20web.pdf

IPID:

Statistics from IPID for the years 2010 /11 to 2014/15 were presented previously as part

of a periodic report for the International Covenant on Civil and Political Rights (ICCPR)

and can be accessed at: https://imsva91-ctp.trendmicro.com:443/wis/clicktime/v1/query?

26

https://imsva91-ctp.trendmicro.com:443/wis/clicktime/v1/query?url=https%3A%2F%2Ftbinternet.ohchr.org%2FTreaties%2FCCPR%2FShared%2520Documents%2FZAF%2FINT_CCPR_ARL_ZAF_23128_E.docx&umid=BB82175D-83E7-3205-9F8E-96D1AF548974&auth=223f124b9888cf0f5ffdf3685bb9dec53a7cc7de-e2690d0a4ac138e970ad57349e9fdb65c7d61892

http://www.dod.mil.za/documents/annualreports/DoD%20Annual%20Report%202017%20web.pdf

http://www.dod.mil.za/documents/annualreports/DoD%20Annual%20Report%202017%20web.pdf

https://www.saps.gov.za/about/stratframework/annual_report/2017_2018/saps_annual_report_2017_2018.pdf

https://www.saps.gov.za/about/stratframework/annual_report/2017_2018/saps_annual_report_2017_2018.pdf

http://www.dha.gov.za/files/Annual%20Reports/AnnualReport2017-18.pdf

http://www.dcs.gov.za/wp-content/uploads/2018/10/DCS-AR-2017-18-WEB.pdf

http://www.justice.gov.za/reportfiles/anr2017-18.pdf

url=https%3a%2f%2ftbinternet.ohchr.org%2fTreaties%2fCCPR%2fShared

%2520Documents%2fZAF%2fINT%5fCCPR%5fARL%5fZAF

%5f23128%5fE.docx&umid=BB82175D-83E7-3205-9F8E-

96D1AF548974&auth=223f124b9888cf0f5ffdf3685bb9dec53a7cc7de-

e2690d0a4ac138e970ad57349e9fdb65c7d61892

Statistics from IPID for the year 2015/16 are included in the Annual Report linked

hereunder:

https://nationalgovernment.co.za/department_annual/136/2016-department:-independent-

police-investigative-directorate-(ipid)-annual-report.pdf


hereunder:

https://www.gov.za/sites/default/files/gcis_document/201710/

ipidannualreportsannualreports201617cdfilea.pdf


hereunder:

http://www.ipid.gov.za/sites/default/files/documents/IPID_AR_2017_WEB_0.pdf

27

http://www.ipid.gov.za/sites/default/files/documents/IPID_AR_2017_WEB_0.pdf

https://www.gov.za/sites/default/files/gcis_document/201710/ipidannualreportsannualreports201617cdfilea.pdf

https://www.gov.za/sites/default/files/gcis_document/201710/ipidannualreportsannualreports201617cdfilea.pdf

https://nationalgovernment.co.za/department_annual/136/2016-department:-independent-police-investigative-directorate-(ipid)-annual-report.pdf

https://nationalgovernment.co.za/department_annual/136/2016-department:-independent-police-investigative-directorate-(ipid)-annual-report.pdf

