Booysens Sexual Offences Court caters fully for victims

To combat sexual violence, especially against women and children, the Department of Justice and Constitutional Development (DOJ&CD) reintroduced Sexual Offences Courts in the country. The new model of Sexual Offences Court aims to:

• Reduce secondary victimisation often suffered by the victims when they engage with the criminal justice system, particularly the court system.
• Reduce  turnaround time in the finalisation of these cases and improve the conviction rate in sexual offence cases.

A good example of these Court is the Booysens Sexual Offences Court situated in Johannesburg which provides victim centric support services, mainly to rid the court system of secondary traumatisation and to improve the role of victims during trial.

Booysens Features of a Sexual Offences Court

	Court preparation services: These services are offered by the Victim Preparation Officers hired by the National Prosecuting Authority (NPA). The court preparation programme mainly empowers the victim of his/ her role as the witness in court and sensitizes the victim of the relevant court processes and roles of court personnel. The Department has developed the Court Preparation Services DVD which will be viewed at the witness waiting rooms. Intermediary Services are offered by the intermediaries hired by the Department. Their role is to convey questions and statements received from court to the victim in a sensitive and age-appropriate manner.
In camera Testifying Services are provided to children, persons with mental disability and all traumatised victims, irrespective of age. These witnesses testify at the private testifying room and outside the physical presence of the accused and other people- via the dual-view CCTV system.	Children Private Waiting Area Services allow victims to use a separate and secured entrance into court building and are kept separately from the rest of court users. The waiting rooms are furnished comfortably and age-appropriately. It is usually situated close to the private toilet facilities for these victims;	Information Services: It is also in the private waiting rooms that victims are empowered with information accessible in different formats (i.e. braille, large print and audio-visual). The Department has developed a Court Preparation DVD for the adult waiting rooms.

By Sinenhlanhla Mkhwanazi

---

Intermediaries in the criminal justice system

Department of Justice and Constitutional Development (DOJ&CD) is committed to ensuring that vulnerable persons are protected when they testify in court. This is achieved through the Intermediary Services in courts across the country. The intermediary services intended for creating a favourable court environment for the vulnerable. Serving as an Intermediary is Ms Buyisile Khorombi (50).

Ms Buyisile Khorombi, is an intermediary at Booysens Sexual Offences Court.  Her role as an Intermediary includes conveying evidence-related questions from prosecution, defence or magistrate to a child witness or witness with a mental disability in a manner which is sensitive and understandable. The Court Intermediary protects vulnerable persons from hostile cross-examination and assists them to understand the court process.

Her career journey started as a Social Worker at the South African Police Service (SAPS) in June 1998. In November 2018 she was introduced to intermediary work which saw her being an ad-hock Court Mediator for three years. She joined the Booysens Magistrates' Court permanently in June 2021 as a Court Intermediary.

Khorombi obtained her Honours Degree in Social Work from University of South Africa, she further equipped herself with a Certificate in Trauma Counselling and two competency Certificates Level 1a & 1b in South African Sign Language.

Despite the challenges Khorombi in this area of work, Khorombi remains committed to  her job and is planning to enhance her skills further. “I would like to pursue the South African Sign Language studies to provide service to the hearing-impaired witnesses. To also save state resources on using private services,” she explains.

The mother of three is grateful for the support from her family especially when busy with cases away from court. “We take family times to refresh and energize frequently,” she adds.

Highlighting the importance of women in society, “Seeing women in leadership is very encouraging and motivational especially the appointments of our current Minister Simelane and Chief Justice Maya,” says Khorombi.

By Suzan Mphuthi

---

Strong Family Values Will Deter Sexual Offences

Twenty-nine-year-old Katlego Moeketsi from the Booysens Magistrate’s court in Johannesburg developed a passion for assisting victims of sexual offences during her upbringing in Vosloorus. Growing up in a township and seeing young women and children from disadvantaged backgrounds being abused and overpowered by some men and having no shoulder to cry on prompted her to assist where possible.

The five years’ experience she has with the Department of Justice and Constitutional Development (DOJ&CD) as an Administration Clerk working on cases of murder, robbery and sexual offences has shown her that knowledge and information is significant in reducing crime in general and sexual offences in particular. The fact that some victims of sexual crimes tend not to be aware that they are being victimized and the crime becomes continuous without any reporting underscores the importance of awareness raising.

Moeketsi’s passion to serve victims of sexual offences was realised when she joined the Department in 2018 and started operating the SOS (sexual offences system) which is a system used in court when a witness who is a victim of sexual offence gives evidence in court in the presence of an intermediary.

The CCTV system is installed in the court room and in the private closed room where the witness will be seated without seeing the accused person or hearing any sound from the court room. It eases the communication between the witness and participants in court. “I ensure that daily the system becomes ready to be utilized for the day by performing test readiness to ensure the witness is visible on the screen and audible during proceedings. I also operate the CRT (court recording technology) which is responsible for recording court proceedings.

 Moeketsi considers it a highlight of her career when sexual offences perpetrators get convicted and are given suitable sentences in the interest of society and victim. “Interacting with sexual offences victims and giving them moral support while affording them an opportunity to fully express themselves and to be listened to without being judged or feeling fearful really warms my heart,” she added.

Given the high rates of sexual offences and gender-based violence in the country, she believes that harsher sentences will lead to a reduction of these crimes. “Parents and families need to step up and teach children good morals so they can respect one another and not harm or take advantage of each other.”

Dealing with violent crimes including sexual offences cases daily can be traumatic and overwhelming. Ms. Moeketsi says speaking to a professional therapist helps when it affects her emotionally or mentally.

“As women we need to rise up and support and love one another because we are strong and courageous, and we should let our feminine energy radiate. Believe in yourself, nothing is impossible, stay the course and focus on the main goal and you will go far in life,” she concludes.

By Junior Kotu

---

Interpreting Justice: Elsabe’s career of service and dedication

Court interpreters play a crucial role in ensuring that the justice system serves the needs of individuals and bridge the gap between the court and individuals who do not speak or understand a specific language. Excelling as a Senior Court Interpreter is Motaung Elsabe stationed at Booysens Magistrate’s Court in Johannesburg.

Elsabe's day begins, at 07:45 to prepare for the day's schedule. “My daily duties include conducting court rounds to ensure all parties, witnesses and accused persons, are present, and I also move between courts in order to check the needs for interpreting,” she explains.

She joined the Department of Justice and Constitutional Development (DOJ&CD) in 1996 as a temporary worker until December 1997 when she was appointed permanently at Randburg Magistrate court. “I worked in Randburg from 1997 and I requested a transfer to Booysens Magistrate’s court in 2019,” she says.

Today, as a Court Interpreter, Elsabe plays a vital role in ensuring justice is served, facilitating communication between parties and the court. With a career spanning over two decades, Elsabe has become an integral part of the DOJ, serving with integrity and compassion. Her motivation stems from ensuring accurate interpretation to serve justice. “I strive to interpret exactly what witnesses, accused persons and defence witnesses say, without adding or removing information.” she speaks.

Her multilingual upbringing and exposure to various courts inspired her to become a court interpreter “By observing court proceedings I realized I could serve the people of South Africa in a unique way” explains Elsabe.

Born and raised in Kimberly, Galeshewe, Motaung Elsabe grew up in a loving home with her paternal grandmother, who instilled strong values and a sense of community. She completed primary school at Sol Plaatje and high school at Thabane.

Elsabe may not have completed her LLB degree due to unforeseen circumstances, however she still managed to acquire valuable skills and knowledge in the field of interpreting. She has attended various courses provided by the Department, to enhance her skills in court interpreting.

Despite her experience and skills, Elsabe faces numerous challenges in her role such as dealing with traumatic cases, such as, rape, and murder however she’s motivated by her commitment to serving justice and making a positive impact.

To Elsabe, Women's Month represents the strength and resilience of women. “My advice to women who have given up on their dreams is to keep dreaming, as women can overcome obstacles and achieving greatness and I know that there will be more female judges in the future.” emphasizes Elsabe.

By Masia Masekatlala

---

Muller Melanie is following in her father’s footsteps

Muller Melanie, Child Maintenance Clerk at Booysens Magistrates’ court, followed in the footsteps of her father who also served in the court administration at Johannesburg Magistrates’ court. Muller’s career began at civil court section on a two-year fixed contract in 2006 responsible for court recordings and service administration. In 2008 she was appointed on a permanent position.

Born and raised in the South of Johannesburg, Melanie, matriculated at President High school in 2003 and completed her ITEC Diplomas in Somatology in 2005. The Mother of two says that she later realized that skin care and therapy is not her thing.

Speaking about her career journey, the 38-year-old was transferred to the Booysens Magistrates’ Court in 2019 and she is now working at the family, criminal and Child Maintenance court. Muller’s main responsibilities include data capturing of Child Maintenance Administration, Maintenance Applications and Family Court services.

Muller also expressed how she overcame the challenges that comes with dealing with child maintenance applications. “At times we are faced with parents that feel that the maintenance money is not enough or the application process is taking longer than expected. I have learned to always remain calm. As a single parent, I always strive to do everything right the first time because I understand the challenges they may face as a single parent,” she said.

Muller says working in the court environment can be depressing at times, but there are moments where both parties cooperate and share a common goal of ensuring that their children are the biggest winner at the end of the day. She said, “At times we handle cases where both parents fully corporate with the court processes and show willingness to maintain their children.”

She further advised that applicants could settle out of court but cautioned them to always ensure that settlement agreement must be signed off by the court to be a court order. She cautioned that should any parties default, the court will be able to intervene, where possible recover all the monies in arrears.  “Out of court settlements must be formalized by the court to ensure that they are enforceable and eliminate possibility of default” she said.

By Makinta Kgomotso

---

Award winning prosecutor Khoda fights for justice

In the journey of her life, Evah Khoda yenned to help the vulnerable in society. She had a dream to one day be an educator for young women in the early years of her school days. Little did she know that she would be their passionate and relentless champion for justice in the Court of law.  

Khoda was honoured with the best sexual offences’ prosecutor award in 2016 in the regional court of the Johannesburg Magistrate Court. The award related to matter between anonymous verses Bors where the accused was sentenced to 40 years for two counts of murder which involved two women. The other matter involved anonymous verses Friswell where the accused was sentenced to life imprisonment for the rape of three minor children.

“It was heartwarming to see my work recognised for the quality of prosecutorial excellence. I am grateful for the presiding officers for imposing appropriate sentences in those matters, not for me to win an award but to secure justice and safety for our communities.” Khoda said.   

Khoda qualified as an LLB graduate from University of South Africa in 2005. She also holds BA in Education and Psychology as well as Higher Diploma in Education from Vista University obtained in 1996 and 1997 respectively.

She entered the job market in 1998 as a Progressive College Educator. She joined the Department of Justice and Constitutional Development (DOJ&CD) as Court Interpreter in 1999. She became a public prosecutor in 2006 at the National Prosecuting Authority (NPA) to the amazement of Makoeng village in Limpopo province where she was born.

She laments one of the disheartening challenges faced by the prosecution. “I’ve seen cases where victims who are financially dependent on the accused were heavily criticised by family members to a point where the victim compromised their own evidence in court to save the accused so they can continue as the bread winner. However our support structures are working around the clock to assist such victims to secure the integrity of the evidence. Remember we as the prosecution are only as strong as our witness”. Khoda said.

By Solly Kganyago

---

Historic Partnership Between Brigitte Mabandla Justice College, and SABRIC

The Department of Justice and Constitutional Development (DOJ&CD) and the South African Banking Risk Information Centre (SABRIC) have taken a historic step in the fight against financial crimes and corruption in South Africa.

Recently the Director-General of the DOJ&CD, Advocate Doc Mashabane, and the Chief Executive Officer of SABRIC, Mr Nischal Mewalall, formally signed a Memorandum of Understanding (MOU) between the Brigitte Mabandla Justice College (BJMC) and SABRIC, marking a significant milestone in the nation’s efforts to combat these pervasive issues.

This MOU represents a pivotal collaboration aimed at enhancing the security and integrity of the South African financial system. The partnership is a testament to the Department's commitment to fortifying relationships with critical stakeholders in the financial and banking sectors. “I would be glad if introductory courses on cybercrime for lawyers, prosecutors and police would be introduced soon,’’ said Advocate Mashabane.

The MoU outlines several areas of cooperation, including mitigating financial and cybercrime risks, developing and implementing digital capabilities, and enhancing capacity-building and skills development within the sector.

By Njabulo Radebe

---

Strengthening the Justice System through Strategic Partnerships

The Brigitte Mabandla Justice College (BMJC) has taken a significant step towards enhancing the capacity and effectiveness of the justice system.

BMJC signed Memoranda of Understanding (MoUs) with: University of Pretoria, Tshwane University of Technology, Northwest University, Soweto TVET College, Hanley Business School and Safety and Security Sector Education and Training Authority (SASSETA).  These partnerships are designed to achieve critical strategic outcomes that will solidify BMJC's position as a leading institution for legal education, cyberforensic training, and capacity building.

Unpacking the purpose of the day, Masombuka Neptune, Acting Head of BMJC explained that these partnerships aim to leverage expertise, resources, and innovation to tackle pressing challenges in the justice system, including financial crime, cybercrime and complex litigation. “We aim to work together at delivering specialized training programmes, research initiatives as well as the work integrated that will serve the needs of our people,” says Neptune.

The MoUs will facilitate the development of specialized curriculum and certification programs to enhance skills and capacity building.” Professionals will have access to cutting-edge training and development programs, equipping them with the skills needed to address contemporary legal, cyber, and technology,” explains Advocate Doc Mashabane Director General of the DOJ&CD.

Advocate Mashabane further emphasised that the expected outcomes of these partnerships include enhanced collaboration, increased public confidence, and a more efficient, responsive, and inclusive justice system.  

Representatives from different institutions were given an opportunity to share their perspectives ,one of the representative, Prof. MH Maserumule from Vaal University of Technology said that they should pay more attention to character formation  “We should pay more attention to character formation because it indicates the fundamental objective of education and professional competence. Unfortunately character formation has always been left out, that’s why on Zondo Commission good professional were found ethically wanting” Said Maserumule.

As the MoUs are signed, a new chapter in the pursuit of justice excellence begins.  DoJ&CD and its partners are poised to make a meaningful impact on the justice sector, ultimately contributing to a safer, more just society for young people.

By Masia Masekatlala

---

Ms Ephenia Monama Diale is committed to ensuring employees are well taken care of

“Employee Wellness Programs have a significant impact on the productivity of officials,”. These were the words uttered by Ms Ephenia Monama Diale who is an Employee Assistance Specialist at the National Department of Justice and Constitutional Development (DOJ&CD).

Monama is an Employee Assistance Specialist based at the Employee  Health and Wellness Unit in the Department. Her day-to-day responsibilities include providing  assistance and support to employees with regards to resolving both personal and workplace challenges which can have an impact of their performance.

She provides services that cater for reactive and proactive interventions, which can include referrals that are made to external social workers and psychologist as well as rehabilitation for further intervention. “Our programs promote healthy lifestyle habits and provide resources for mental and physical well-being of officials so that they can perform their duties properly,” explains Monama.

Monama hails  from Mpumalanga where she completed her primary and high school in Nokaneng Village. She holds a Bachelor of Social Science in Social Work from the University of North West and a Master’s Degree in EAP (Employee Assistance Program) from the University of Pretoria.

Her career as a Social Worker started at the South African Police Service (SAPS) where she was as an assistant practitioner from the year 2005 to 2007. Her exceptional work did not go unrecognized as she got an opportunity to work at the Department of Justice and Constitutional Development as Employment Assistance Specialist.

What motivates Monama to continue excelling in her role is seeing officials whom she has assisted excelling in their job and being in a good personal space. “When officials are in a good space, they excel in their job and the Department will be able to achieve its mandate,” says Monama. Her continued willingness to learn and network with other professionals is very crucial when it comes to keeping up with current trends in the employee wellness field.

Some of the challenges she shared include the lack of utilization of the Employee Wellness Programme by employees and managers failing to implement employee wellness programme recommendations in intervention reports.

Monama encourages officials to take care of their mental and physical health by seeking assistance from the employee wellness program. “We must consider work life balance in order to attain a healthy life and work style,” she says.

When she is not busy at the office, she enjoys spending time with family and engaging in outdoor activities.

By Njabulo Radebe