CGE ANNUAL REPORT

2022/23 ANNUAL REPORT

• The Northern Cape Legal Officer made inputs into several Bills open for comment, among others Divorce Amendment Bill, Decriminalisation of Sex Work Bill, Muslim Marriages Bill, and Relocation of Seat of Parliament Bill. • In respect of child maintenance matters, the legal department observed that different presiding officers are often utilised as relief magistrates on maintenance matters. As a result, magistrates are not giving maintenance matters the same attention as they would ordinarily give under the courts that they are permanently stationed. • Regarding labour matters, the legal department continues to receive labour matters. The legal department identified a gap whereby the employees are not fully informed internally regarding the labour rights. The legal department will provide education to various employees in conjunction with other stakeholders among others the department of labour, the CCMA, the Bargaining Councils, unions, and the labour relation officials to sensitise employees on labour processes and rights. • The NC Legal Officer also attended the World Consumer Rights Day in Rietfontein on behalf of the PM. Most of the consumers are not aware of their gender rights emanating from consumer transactions perpetrated by supplier and service providers. The CGE has, in accordance with its mandate sensitized the community on their gender rights and on the mechanisms in place to deal with gender discrimination in the supply of goods and services as provided for in the Consumer Protection Act. • The legal department observed that most of the court monitoring matters of GBV have been ongoing for a long time in the courts and under investigations. It appears that the investigation and prosecution of GBV matters gains momentum at the early stages from the date of reporting, however, same loses momentum as the case prolongs. • The SAPS cited that some of the GBV matters were referred to the Senior Public Prosecutor’s and others to the Director of Public Prosecutions for decision making, however some matters were referred for over 6-12 months without any outcome. It is essential to obtain and examine the actual reasons for this notion. This observation necessitates the critical investigation and analysis of the criminal justice system as mentioned above. • Despite gender-based violence being reported to the relevant authorities, the received complaints indicates that the perpetrators are not expeditiously investigated, prosecuted, and disciplined internally by the National Prosecuting Authority /South African Police Service and/or employers. Of concerning, certain services like the Pre-Exposure Prophylaxis and counselling are not provided at all, if not delayed. • In respect of the maintenance matters, the Department of Justice and Constitutional Development often delay or fail to distribute funds received to the applicants, such a practice denies applicants access to funds and the use thereof. In a specific matter, the applicant waited for over two months for the Department of Justice and Constitutional Development to transfer the funds that were already in its possession. The Department of Justice and Constitutional Development lacks a proactive system of maintenance that will automatically prompt or require action to release the funds that are overdue.

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