Global transformation and addressing gaps and loopholes in the judiciary came under the spotlight this week at the 17th Biennial Conference of the International Association of Women Judges (IAWJ).
Convened under the theme ‘Resilience: Women in Leadership to End Gender-Based Violence & Femicide’, issues of sextortion in the workplace, gender equality, and the inclusion of men in engagements were a call to action by the hundreds of delegates at the Cape Town International Convention Centre (CTICC) on Wednesday.
The first woman to be appointed as Chief Justice in South Africa, Mandisa Maya, said the theme of this year’s conference is a powerful and relevant focus of the IAWJ as it accords with the organisation's resolve to underpin its work to end the scourge of GBV and femicide (GBVF).
Maya said the social ill of GBVF remains widespread despite the efforts made internationally and nationally to curb GBVF, which has had devastating consequences.
“What we, therefore, hope to achieve is to highlight the critical role that women in leadership positions play in fighting the root cause of this scourge and develop effective strategies for prevention and response.
“Approximately 51 100 women worldwide were killed by intimate partners or family members in 2023, which pays testimony to the fact that the most dangerous place for women and children remains the home.
“And most shamefully despite all the laudable laws, policy, and legislative interventions in place, South Africa has for many years now held the ignominious title of being at the very top of countries that cannibalise their women and children,” said Maya.
During his keynote address, President Cyril Ramaphosa said GBV continues unabated in the country as the judicial system “has its own shortcomings”.
“When judicial discretion is exercised in a prescribed minimum sentencing regime, the reasons for departure must indeed be substantial and compelling. It means fairness, and this doesn’t only apply to an accused’s right to a fair trial. It also applies to fair treatment of survivors of GBV by our courts, and that they should not be subjected to bias and victim-blaming.
“South Africa abolished the cautionary rule in 1998 in the State versus Jackson – with the court ruling that it was based on false assumptions about the reliability of women’s testimony and was no longer appropriate to modern law.
“However, several countries still have versions of this rule, including in Africa. The advocacy of female jurists and the IAWJ must be brought to bear in this regard because the cautionary rule as applied to female complainants in sexual offences cases runs contrary to a commitment to fighting GBV,” said Ramaphosa.
He said female jurists have a particularly strong influence and can shift the broader judicial culture to GBVF.
“Your advocacy has resulted in commendable progress in areas such as improving courtroom procedures to make them more survivor-centric – and streamlining the procedures for obtaining protection orders. A central issue is overcoming the blind spots in the law and the legal system that are working against the rights and interests of survivors.
“For the fight against gender-based violence to be strengthened and have a measurable and sustainable impact, it is critical that these deficiencies are addressed to bring about change.”
Speaking on the effects of sextortion in the workplace, Ramaphosa said “It must stop”.
“This is an issue that I feel very strongly about when I see my male counterparts using extortion against women, and particularly young women, in the workplace and expecting them to give them favours so they can rise up the ladder, is something that must be talked about. There is nothing as demeaning as a man in a senior position requiring and demanding sex from a younger subordinate so that they may rise.”
Department of Justice and Constitutional Development Minister Mmamoloko Kubayi and KwaZulu-Natal Judge President Thoba Poyo-Dlwati, were part of the delegation that welcomed about 900 delegates to this year’s conference.