{"id":1729,"date":"2020-09-07T08:27:11","date_gmt":"2020-09-07T06:27:11","guid":{"rendered":"https:\/\/businesstech.co.za\/news\/?p=431706"},"modified":"2020-09-07T08:27:11","modified_gmt":"2020-09-07T06:27:11","slug":"3-new-laws-planned-for-south-africa-ramaphosa","status":"publish","type":"post","link":"https:\/\/interwebdev.co.za\/index.php\/2020\/09\/07\/3-new-laws-planned-for-south-africa-ramaphosa\/","title":{"rendered":"3 new laws planned for South Africa: Ramaphosa"},"content":{"rendered":"
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President Cyril Ramaphosa has detailed three \u2018key bills\u2019 which aim to tackle the country\u2019s problem of gender-based violence and other violent crimes.<\/p>\n

Writing in his weekly open letter<\/a><\/strong> to the public, Ramaphosa said that the three amendment bills are designed to fill the gaps that allow some perpetrators of these crimes to evade justice and to give full effect to the rights of our country\u2019s women and children.<\/p>\n

\u201cThe sad reality is that many survivors of gender-based violence have lost faith in the criminal justice system,\u201d he said.<\/p>\n

\u201cDifficulties in obtaining protection orders, lax bail condition for suspects, police not taking domestic violence complaints seriously and inappropriate sentences have contributed to an environment of cynicism and mistrust.<\/p>\n

\u201cThese bills, once finalised, will help to restore the confidence of our country\u2019s women that the law is indeed there to protect them.\u201d<\/p>\n

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New offence and changes to the National Register for Sex Offenders<\/b><\/p>\n

Ramaphosa said that this bill creates a new offence of \u2018sexual intimidation\u2019, extends the ambit of the offence of incest, and extends the reporting duty of persons who suspect a sexual offence has been committed against a child.<\/p>\n

It also expands the scope of the National Register for Sex Offenders to include the particulars of all sex offenders. Until now, it has only applied to sex offenders convicted of sex crimes perpetrated against children or persons with mental disabilities.<\/p>\n

\u201cThe time an offender\u2019s particulars must remain on the register has been increased, and those listed on the register will have to disclose this when they submit applications to work with persons who are vulnerable.\u201d<\/p>\n

\u201cThe bill also makes provision for the names of persons on the National Register for Sex Offenders to be publicly available,\u201d he said.<\/p>\n

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Bail and minimum sentences<\/strong><\/p>\n

The Criminal and Related Matters Amendment Bill tightens the granting of bail to perpetrators of gender-based violence and femicide, and expands the offences for which minimum sentences must be imposed, Ramaphosa said.<\/p>\n

\u201cPeople are angry that many perpetrators of such serious crimes are exploiting legal loopholes to avoid imprisonment and are frustrated that sentencing is often not proportionate to the crimes.\u201d<\/p>\n

The president said the amendments also impose new obligations on law-enforcement officials and on the country\u2019s courts.<\/p>\n

\u201cWhen a prosecutor does not oppose bail in cases of gender-based violence, they have to place their reasons on record,\u201d he said.<\/p>\n

\u201cUnless a person accused of gender-based violence can provide exceptional circumstances why they should be released on bail, the court must order their detention until the criminal proceedings are concluded.\u201d<\/p>\n

In reaching a decision on a bail application, the courts are compelled to take a number of considerations into account. They include pre-trial reports on the desirability of releasing an accused on bail, threats of violence made against a survivor, and the view of the survivor regarding his or her safety.<\/p>\n

When it comes to parole, a complainant or a relative of a deceased victim must be able to make representation to the parole board, he said.<\/p>\n

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Domestic Violence Act<\/strong><\/p>\n

Given the unacceptably high levels of intimate partner violence in our country, Ramaphosa said that government has also tightened the provisions of the Domestic Violence Act.<\/p>\n

\u201cDomestic violence is now defined to cover those in engagements, dating, in customary relationships, and actual or perceived romantic, intimate or sexual relationships of any duration,\u201d he said.<\/p>\n

\u201cThe bill also extends the definition of \u2018domestic violence\u2019 to include the protection of older persons against abuse by family members.\u201d<\/p>\n

Other proposed changes include:<\/p>\n