No measures to protect GBV victims, says Public Protector Kholeka Gcaleka

The death of their daughter who was killed in a gender-based violence (GBV) incident four years ago was not in vain.

This is according to the parents of slain Altecia Kortje in reaction to the Public Protector’s findings into administrative deficiencies relating to the processing of GBV-related matters in the South African criminal justice system.

Public Protector, Advocate Kholeka Gcaleka released her report on Tuesday after slain Kortje was allegedly turned away by court officials when she had tried to file a protection order against her abusive ex-boyfriend Ryan Smith.

Smith is currently serving a life sentence for having hit Kortje on the head with a fire extinguisher, choked and stabbed her several times and, before her arrival in a drug-induced rage, already drowned his seven-year-old daughter in a wheelie bin filled with water.

The report found that “the allegation that the Department of Justice and Constitutional Development (DoJ&CD) did not put adequate measures in place that effectively protect victims of GBV, is substantiated”.

Recommendations were made against the minister of police, the SAPS national commissioner, the minister of Department of Social Development (DSD) and the director general of the DSD.

On the findings made, Gcaleka said: “There are no consistent timelines in the application and issuing of interim protection orders which are required to assist victims of domestic violence.

Some courts were dealing with protection order matters on a daily basis and other courts set aside one day in a week to deal with applications for protection orders...

“The information provided to the Public Protector indicates that some SAPS, being aware that a criminal offence has occurred, are reluctant to register cases and do not inform the victims of their rights to institute criminal action but rather refer victims directly to court to apply for a protection order.

“The obligation by SAPS to advise complainants on the process for applying for a protection order and other remedies available, is an inherent requirement in terms of section 2(b) and (c) of the DVA,” said Gcaleka.

Gcaleka said the report had also catalysed the launching of an “investigation into systemic administrative deficiencies against the functionaries of Magistrate Courts relating to the handling and processing of applications for child maintenance”.

The final report is expected to be completed late next year. The investigation, which started in 2020, into a sample of 38 Magistrates’ Courts across all nine provinces had uncovered some areas of concern that needed the intervention of the departments within the justice system.

Dorina and Martin Kortje said while the hurt of their daughter's death was still raw, they were pleased with Gcaleka’s findings.

“Sitting through the findings made by the PPSA, I couldn’t help but think back on the day that my daughter was murdered. She died a brutal death and just knowing that if everything was done for her that could have been done and within reasonable time, she could have still been here today.

“It still hurts a lot and as was said, these findings and even the sentence her ex-boyfriend is serving cannot bring our daughter back. We just hope that this report can help other GBV victims so that they do not go through the same,” said Dorina.

Deputy Minister of DoJ&CD John Jeffrey, said Kortje visited the Bellville Magistrate’s Court “looking for a protection order but walked out here without one”.

“I’m pleased that the PPSA looked at the implementation of GBV laws and orders and policies because we talk a lot about GBV but we need to be more specific about how it is implemented,” said Jeffrey.

Recommendations made by the PSA include that SAPS are to conduct a needs analysis for all police stations that do not have Victim-friendly Rooms (VFRs) and submit an implementation plan for the efficient response to GBV cases, conduct regular training for SAPS members focussing on gender sensitivity, the seriousness of GBV and its impact on victims.

The Department of Social Development was to submit to the Public Protector a detailed project plan to determine the human resource needs of the gender-based violence command centre (GBVCC) and develop a plan with clear timelines/ dates indicating how the capacity constraints in the centre will be addressed.

Cape Times