[LISTEN] Is an inquisitorial system more effective when handling rape cases?

Thursday marked day one of the presidential summit on gender-based violence and femicide.

Government convened the the two-day seminar following a call by the total shutdown movement in August.

A number of activists have long been calling for an inquisitorial system, rather than the adversarial system which often causes rape survivors secondary trauma on the stand.

Activists have made the argument that an inquisitorial system would allow the court to investigate the case by building up a picture of the facts to determine a finding.

Joanne Joseph spoke to Justice Minister Michael Masutha to get his insights on the matter.

I would imagine that an inquisitorial system would give a presiding officer - would free his or her hands to intervene in a manner that strikes some kind of a balance - but remember that it is internationally accepted that the standard of proof in a criminal matter, unlike in a civil matter, is for the state to prove beyond a reasonable doubt and the onus is entirely on the state to meet that threshold.

Michael Masutha, Justice Minister

One of the possibilities is to enable witnesses who are not confident to face the accused for example, to testify on camera in a separate room where they are not face to face with the accused.

Michael Masutha, Justice Minister

In addition, when it comes to children as well as people with mental disabilities, intermediaries are available who act as facilitators.

Michael Masutha, Justice Minister

Indeed it is something we should be resuscitating, certainly something we can look at.

Michael Masutha, Justice Minister

Click on the link below to hear more from Masutha....


Recommended

by NEWSROOM AI
Read More
Contralesa welcomes recommendation to pardon AbaThembu king

Contralesa welcomes recommendation to pardon AbaThembu king

Buyelekhaya Dalindyebo is serving an effective 12-year prison term for multiple crimes including arson.

Threats of road closures over Easter as truck drivers prepare to strike

Threats of road closures over Easter as truck drivers prepare to strike

Transport minister Blade Nzimande has condemned the planned action and says it has nothing to do with his department.

Trucks and bakkie burnt in apparent Mpumalanga mineworkers protest

Trucks and bakkie burnt in apparent Mpumalanga mineworkers protest

Optimum employees say they have not been paid salaries for months.

[LISTEN] Housing at the centre of issues raised by Katlehong residents

[LISTEN] Housing at the centre of issues raised by Katlehong residents

The Afternoon Drive team hosted a townhall in the community with panellists from the ANC, DA, EFF and AIC and local government.

Judge rules in favour of land claimants in contempt of court application

Judge rules in favour of land claimants in contempt of court application

The case heard on Wednesday seeks to have Maite Nkoana-Mashabane appear before Western Cape High Court over a 2018 ruling.

Alex shutdown conveners,  intergovernmental forum to tackle township challenges

Alex shutdown conveners, intergovernmental forum to tackle township challenges

Meeting will be headed by Co-operative Governance Minister Zweli Mkhize on Wednesday.

Popular articles
You’re almost certainly – no matter what you believe - crap at investing

You’re almost certainly – no matter what you believe - crap at investing

Data shows that almost everyone sucks at investing, says Warren Ingram. Here's how to avoid shooting yourself in the foot.

How long to keep tax records available for inspection in South Africa

How long to keep tax records available for inspection in South Africa

Should you keep them "forever"? Tax expert Chris Sloane on the requirement to keep tax records available for inspection by Sars.

[WATCH] There will be no place for violence in EFF government - Julius Malema

[WATCH] There will be no place for violence in EFF government - Julius Malema

Leader explains some of the party's election manifesto promises on the Eusebius McKaiser show.

[WATCH] Eusebius probes Julius Malema about EFF's readiness to rule

[WATCH] Eusebius probes Julius Malema about EFF's readiness to rule

Eusebius McKaiser interrogates the leader of the Economic Freedom Fighters about its policy manifesto.

Giant ANC billboard with spelling error has social media in stitches

Giant ANC billboard with spelling error has social media in stitches

Khabazela shares tweets and Facebook posts that have gone viral.

[WATCH] JMPD's Wayne Minnaar sets the record straight on the hot cross bun

[WATCH] JMPD's Wayne Minnaar sets the record straight on the hot cross bun

Azania Mosaka joins the social media craze and takes a breathalyser after eating a hot cross burn.

 What you should know before replacing a tyre

What you should know before replacing a tyre

Brent Lindeque took to social media earlier this month with a lengthy account of his experience at a Tyger Wheel & Tyre branch.

New Ipsos poll shows ANC winning 2019 election, rates Ramaphosa a vote puller

New Ipsos poll shows ANC winning 2019 election, rates Ramaphosa a vote puller

Senior client officer at Ipsos, Mari Harris says President Cyril Ramaphosa's trust index is higher than other leaders.