Speeches

Remarks at the 18th Conference and Annual General Meeting of the South African Chapter: International Association of Women Judges in collaboration with the Department of Justice and Constitutional Development and the Department of Women, Youth and Persons with Disabilities, by Thembi Simelane, MP, Minister of Justice and Constitutional Development, 09 August 2024

Programme Director and Judge President of the Mpumalanga Division of the High Court Madam Justice Mphahlele,
Madam Justice Maya, our Incoming First Female Chief Justice,
Judge President of the KwaZulu- Natal Division of the High Court and President of the South African Chapter of the International Association of Women Judges,
Madam Justice Poyo Dlwati,
Esteemed Judges of our various Superior Courts, Esteemed Magistrates present here,
Director General of the Department of Justice and Constitutional Development, Adv Mashabane,
Distinguished guests, ladies and gentlemen, Good evening:

I am exceptionally pleased to be here and to be part of this important conference, and the Annual General Meeting of the South African Chapter of the International Association of Women Judges.

Thank you very much for your generous invitation.

As you all know, the month of August holds historic significance for the women of our country.

From the onset, I wish to commend the organisers of this important assembly, particularly I wish to appreciate the collaboration between the South African Chapter of the International Association of Women Judges, the Department of Justice and Constitutional Development, and the Department of Women, Youth and Persons Living with Disabilities.

Yesterday, the 8th of August marked exactly 20 years since former President of our country, Thabo Mbeki, formally inaugurated the South African Chapter of the International Association of Women Judges (SAC- IAWJ).

I am happy that this 20- year- old chapter remain strong, active and alive.

I congratulate you for holding the fort for the past 20 years.

I specifically wish to thank you for your work in the fight aimed at ending Gender- Based Violence (GBV). We all know that GBV is a demon that deprives families of the stable and peaceful lives.

Many innocent lives and beautiful souls have been lost to this ugly phenomenon called GBV.

As women judges and women judicial officers in general, you carry a unique responsibility to help end this scourge. The power is in your sword of justice.

Programme Director,
Perhaps this is also a befitting moment for us to pause for a moment and congratulate our Chief Justice designate, Justice Mandisa Maya, on her deserved appointment.

This is not just a moment for Justice Maya. This is a moment of reassurance and hope for a girl child.

This is a moment of fruition for the promise of equity, equality and justice.

This promise is not just a promise for a girl child in our country – this is a promise for all young girls from across our beautiful but often brutalised continent.

Your deserved appointment Madam Incoming Chief Justice give hope for a girl child in a war- torn country elsewhere on our continent that in her lifetime, the guns would be silenced, and her own dream will manifest.

In your Madam Justice Maya, our young girls see themselves.

Indeed, Chief Justice designate, your well- deserved rise to the top echelons of the Judiciary has been remarkable. Significantly, you are a Judge of many firsts, the first woman Judge to be appointed as Deputy President of the Supreme Court of Appeal, the first woman Judge to serve as President of the Supreme Court of Appeal, the first woman Deputy Chief Justice of the Republic of South Africa, and now you are the first woman Judge to serve as Chief Justice of our country.

All these appointments are testament of the excellent and bold leadership you possess, Madam Chief Justice designate. You are indeed an inspiration to all the young women of this country who harbours dreams of ascending to the top echelons of their chosen profession.

You epitomised what Tata Mandela referred to when he said: “South Africa has produced a rich crop of eminent women who have played an independent role in our history. And Yes, your name will forever be etched in the annals of our history. We are all really proud of you, Chief Justice.

Colleagues - we are gathered here today on this very significant day in the history of South Africa, a day in which we commemorate the gallant efforts by the heroines of our struggle for our liberation who bravely stood up against the unjust pass laws introduced by the then most hated apartheid regime.

Their courageous and steadfast stand against these unjust laws reverberated not only here in South Africa but the world over. We salute them for the path they traversed which contributed immensely to the attainment of our liberation centred on human dignity, the achievement of equality and the advancement of human rights and freedom. It is through their unwavering efforts that today we are, as women of this beautiful country, able to stand tall as we celebrate the 30 years of our democracy.

Programme Director,
I am indeed privileged to be among so many Judges, particularly women Judges who have borne the brunt of exclusion in the practise of law. Our law reports are replete with cases of the backward practices adopted by the racist regime which included the exclusion of women in the practice of the law.

Yet, through your unwavering commitment to this noble profession, you defied the odds and broke the glass ceilings to take your rightful position in the legal profession. You have demonstrated to all and sundry that with hard work and commitment to the course, nothing is insurmountable.

Programme Director,
The theme of your conference “Extra Ordinary Circumstances, Extraordinary Means # End GBV and Femicide” could not have been more apposite. It forces us to pause and reflect not only on our successes but also on the everyday challenges we face as women.

In as much as there have been remarkable achievements on gender justice in the past 30 years, we still face serious challenges as women. Chief amongst these challenges is the GBVF pandemic.

Our country has one of the most inclusive and progressive constitutions in the world with regards to the legal protection of gender rights and the explicit provision for a democratic state based on, amongst others, the value of “non- sexism.”

Yet, the country finds itself struggling to balance this with its largely patriarchal and culture driven society. It therefore begs the question of why regardless of the increased attention to women’s rights in the country, there has been little progress in reducing GBVF.

This situation calls for an explanation of why women’s gains in the “public” sphere have coincided with a deterioration of their physical security.

According to a report jointly published by UN Women and UNODC in 2023, approximately 48,800 women and girls lost their lives at the hands of intimate partners or other family members in 2022.

On average, more than 133 women or girls are killed every day by someone in their own family. One death as a result of the scourge of GBVF is one death too many.

That, GBVF poses an existential threat was well summed up by the late Judge Boshielo of the Supreme Court of Appeal in the following words:

“for some time now this country has witnessed an ever- increasing wave in crimes of violence, notably murder and sexual offences. Undoubtedly, these crimes seriously threaten the very social and moral fabric of our society. As a result, our society is seriously fractured.

BOSHIELO WENT ON TO SAY THAT:

The majority of our people, particularly the vulnerable and the defenceless which include women, children, the elderly and infirm live under constant fear. It is no exaggeration to say that every living woman or girl in this country is a potential victim of either murder or rape. ”.

Surely, this cannot continue unhindered under our watch. And indeed, the Total shut down movement in 2018 was a clear demonstration that as women, we cannot fold our arms and watch while our sisters, mothers and daughters suffer at the hands of the perpetrators of GBVF.

Through our actions, the women of this country refused to accept that it was ok for this country to be classified as the “femicide nation” and the “rape capital of the world”.

In response to this clarion call, as Government we listened and commenced with the path towards fighting for the total eradication of GBVF.

Our collective efforts to fight the scourge of GBVF are led by none other than the Honourable President who exhibited bold and courageous leadership by convening two instalments of the Presidential Summit on Gender- Based Violence and Femicide.

In line with his vision, we continue to implement the National Strategic Plan on Gender Based Violence by affording protection through legislative and other means to women and children.

Testament to this commitment is the implementation of the three key pieces of legislation namely the Criminal Law (Sexual Offences and Related Matters Amendment Act, the Criminal and Related Matters Amendment Act and the Domestic Violence Amendment Act, enacted specifically to take the fight against gender- based violence to the perpetrators.

Additionally, the Department of Justice continues to strive to improve ease of access to justice for victims of domestic violence. To make the process related to application for protection orders more accessible, we have introduced an online application service of domestic violence protection orders.

Those who feel threatened with domestic violence may now apply for protection order wherever they are through their smartphone.

My Department is also finalising the development of a Femicide Watch to collect data and monitor GBVF incidents and trends. This national repository will provide data on GBV- related femicide cases, assisting the government and partners in creating informed interventions.

We are also pleased that in May this year, the President signed the National Council on Gender Based Violence and Femicide Bill into law. This landmark legislation is indeed a critical step forward in ensuring the safety and protection of women and children from abuse and violence.

This piece of legislation, amongst others, establishes a statutory body to coordinate and provide strategic leadership to the fight against GBV and femicide. And it is envisaged that the Council will be multi- sectoral, drawing on the expertise of all stakeholders, including civil society, labour and business.

Indeed, we are of the firm believe that ultimately, working together we shall combat this scourge of GBVF.

Programme Director, the Judiciary has a central role to play in our efforts to once and for all, eradicate the scourge of gender violence. The centrality of the Judiciary on our fight against GBVF was eloquently put by the Supreme Court of Appeal in the following words in the Makatu case:

“Our courts which are an important partner in the fight against crime cannot be seen to be supine and unmoved by such crimes. Our courts must accept their enormous responsibility of protecting society by imposing appropriate sentences for such crimes. It is through imposing appropriate sentences that the courts can, without pandering to the whims of the public send a clear and unequivocal message that there is no room for criminals in our society. This in turn will have the salutary effect of engendering and enhancing the confidence of the public in the judicial system. Inevitably, this will serve to bolster respect for the rule of law in the country”.

I applaud our Judiciary for the manner in which GBVF cases are being treated. We are seeing stiffer sentences being meted out to perpetrators of GBVF thereby sending out a strong message to the community perpetrators of GBVF would face the full might of the law.

The Judiciary is further alive of its commitment to developing and implementing sound and robust legal principles that advance the fight against gender- based violence in order to safeguard the constitutional values of equality, human dignity and safety and security

In order to achieve the total eradication of GBVF, one area that require attention is the patriarchal norms entrenched in the South African society. And the Judiciary has a very important role to play in that regard.

Afterall Judges are enjoined to interpret the law thereby giving effect to the fundamental values of human dignity, equality and freedom.

As Tata Mandela said: “We must be honest and open about the power relationships between men and women in our society, and we must help build a more enabling and supportive environment that puts the role of women centre stage in this struggle. Each one of us- sister and brother, mother and father, teacher and student, priest and parishioner, manager and worker, presidents and prime ministers- must add our voice to this call for action”. And I hasten to add that Judges must also add their voice too!

I wish you well in your deliberations in the next few days. I wish your conference and AGM great success.

We look forward to interacting with the resolutions from this conference.

Malibongwe Igama lamakhosikazi!

I thank you.