[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....


This article first appeared on 702 : [LISTEN] Is an inquisitorial system more effective when handling rape cases?


Recommended

by NEWSROOM AI
Read More
Vlakfontein murder accused bail hearing delayed by power cuts - again

Vlakfontein murder accused bail hearing delayed by power cuts - again

Ernest Mabaso and his co-accused, Fita Khupe are accused of murdering seven people - 4 children and 3 women from the same family.

Gordhan denies daughter benefited financially from government tenders

Gordhan denies daughter benefited financially from government tenders

The Public Enterprises Minister testified for a third day at the state capture commission on Wednesday.

[LISTEN] What are the factors driving emigration?

[LISTEN] What are the factors driving emigration?

Emigration specialist Craig Smith says countries like New Zealend and Australia have become an option for more South Africans.

[LISTEN] 'Racial isolation still continues in SA, though in informal ways'

[LISTEN] 'Racial isolation still continues in SA, though in informal ways'

Joanne Joseph sat down with Professor of theological and social ethics at Fordham University, Father Bryan Massingale.

[LISTEN] 'If you suffer from any chronic disease, please disclose it'

[LISTEN] 'If you suffer from any chronic disease, please disclose it'

The convener of ASISA, Dr Maritha van der Walt, explains what would make insurers not payout on policies.

Wife of Nathan Ganas speaks out over Momentum's refusal to pay up

Wife of Nathan Ganas speaks out over Momentum's refusal to pay up

Momentum has refused to pay a R2.4 million policy payout citing a non-disclosure breach

Popular articles
[LISTEN] 'Zuma's  affidavit in aid of Tom Moyane is a fascinating move'

[LISTEN] 'Zuma's affidavit in aid of Tom Moyane is a fascinating move'

Journalist at Daily Maverick’s Investigative Team Scorpio Pauli Van Wyk shares her take on this development.

Momentum to pay all violent crime claims, regardless of previous medical history

Momentum to pay all violent crime claims, regardless of previous medical history

The Money Show’s Bruce Whitfield interviews Johann le Roux, CEO at Momentum Life.

MyCiTi bus service fires eighty drivers

MyCiTi bus service fires eighty drivers

The decision follows a month-long unprotected strike which has disrupted the running of the service in the City of Cape Town.

Johannesburg school turns popular game Minecraft into a learning tool

Johannesburg school turns popular game Minecraft into a learning tool

The popular game Minecraft is now used as an educational tool to stimulate the minds of learners at Brescia House School.

Traffic officers involved in N2 car spinning frenzy suspended

Traffic officers involved in N2 car spinning frenzy suspended

Western Cape traffic chief Kenny Africa confirmed that the two traffic officers were suspended on Monday with immediate effect.

'Momentum did nothing wrong, legally. But the man died protecting his family!'

'Momentum did nothing wrong, legally. But the man died protecting his family!'

The Money Show’s Bruce Whitfield interviews consumer journalist Wendy Knowler.

6 mistakes people in their 20s make with money

6 mistakes people in their 20s make with money

Sam Beckbessinger, the author of “Manage Your Money like a F*cking Grownup,” has some tips, so you don’t have to live with regret.

Group distances itself from N2 car spinners caught on film

Group distances itself from N2 car spinners caught on film

It turns out that the petrol heads who span cars on the N2 were part of the SA Torque Cape Town Breakfast Run.