Media Statement
7 June 2024
For immediate release

Public Protector’s GBV administrative deficiencies report could be the
difference for GBV survivors

-Monitoring state actors over the next 180 days is critical for the change needed to improve
the justice system’s capacity to deliver what the law promises–

Cape Town, 7 June 2024 —MOSAIC Training, Service & Healing Centre, welcomes the release
of the Public Protector’s ‘Systemic Investigation into Administrative Deficiencies Relating to
Gender-Based Violence Within the South African Justice System’ report released on 4 June
2024.

“As an organisation that contributed to providing comment to the office of the Public
Protector, we recognise and applaud them for undertaking the process and providing a
report that is clear, direct and practical solutions. However, the success of this report is
decisive action by each named department, within the set timeframes” says Advocate
Tarisai Mchuchu-Macmillan, Executive Director of anti-GBV non-governmental organisation
(NGO) MOSAIC.

“We are concerned that the findings might fall on deaf ears as they are not new. Several
reports have highlighted the systemic, administrative challenges before, yet there has not
been significant changes to the administration of justice, care and support that is focused on
changing experiences of GBV survivors within the system,” says Mchuchu-MacMillan.

In 2019, The Committee on the Elimination of Discrimination against Women conducted a
nationwide consultative review, highlighting in its 2021 report, Inquiry Report into domestic
violence in South Africa), the systematic inconsistencies and obstacles faced by victims of
domestic and intimate partner violence in accessing justice. In 2021, MOSAIC conducted a
systematic review Protection Orders Must Protect report in collaboration with The Gender Health
Justice Research Unit (UCT), exploring how duty bearers implement the Domestic Violence Act
(DVA) across three magisterial districts in the Western Cape. The findings in the report confirmed
inconsistencies in the implementation of DV law and regulations across the justice system. The
study highlighted perceived internal and external challenges to implementing the law and
varying levels of knowledge of the law and dynamics of DV, resulting in multiple systemic failures
in the provision of access to justice for victims. It spotlighted the reliance on training devoid of
capacity building on the dynamics of DV and how to negotiate the complexities of DV as
ineffective across the justice system. Finally the study uncovered unofficial collaborations at a
district level formed between government and CSOs to strengthen DV prevention and response.
These challenges are repeatedly outlined in the PP’s Report.

MOSAIC supports the Public Protector’s emphasis on the lack of inter-departmental
collaborations as one of the major contributors to inefficiency as the needs of GBV survivors
need a multi-sectoral response that connects the referral pathway and access to when
seeking access to justice. However, state departments are citing budget cuts and struggle to
deliver on their individual annual performance plans. Thus a call for them to collaborate, act
and implement on their mandates that they have not been doing needs to be backed up
by a resourcing plan or a request for them to show how they will ensure implementation.
A call to the National Departments of Justice and Constitutional Development, Social
Development, South African Police Services needs the National Treasury to ensure that a
resourcing plan is central.

Advocate Mchuchu-MacMillan emphasises the need for departments to eliminate any room
for excuses to meet the deadlines set by the Public Protector. She states that, “we need the
demand of project and work plans to be accompanied by a resourcing plan, otherwise this
comprehensive report will gather dust as the many other reports that have been published
showcasing the same findings. If the rights in law for GBV survivors are to be a reality in which
they can benefit from its promises, the state must act differently in implementing the Public
Protector’s findings. Failure to act will mean that this report may very well be another well
intentioned document if the treasury is not there to ensure that the state includes a
resourcing plan and add it to the project and work plans.”

“As an organisation, we are happy that the report illuminates the work we have been doing
for decades. It is, however, tragic that this was sparked by another loss of life, that of Altecia
Kortje, whose life could have been spared if the system had not frustrated her attempts to
access justice”, says Mchuchu-MacMillan.

“Protection orders must protect! In order to do so, state departments must remove
administrative barriers to ensure that survivors’ experiences of the system will not result in
more deaths. We implore departments to play their role in ensuring the safety and wellbeing
of survivors in the process of delivering justice, care and support. This can no longer be
negotiable,” says Mchuchu-MacMillan

Editors Notes
For more information, inquiries, or requests for interviews, please contact:
Sinelizwi Ncaluka: Communications and Stakeholder Relations Coordinator
E: sinelizwi@mosaic.org.za
T: +27 066 269 0629 (Calls and Messaging)

About MOSAIC
MOSAIC Training, Service & Healing Centre (MOSAIC) is an African-feminist,
community-based NGO that prevents and reduces abuse and domestic violence. We
achieve this through holistic and integrated first responder services when incidents occur,
supporting people through healing and rebuilding their lives following a traumatic event, and
collectively advocating for system change to ensure universal access to care, support and
justice since 1993. MOSAIC creates an enabling environment through our holistic and
integrated five-pillar service model
● Access to justice
● Support and Healing
● Economic Empowerment
● Gender Equality & Safety
● Systems change & Strengthening
The organisation was established in 1993 in response to high levels of violence against
women in South Africa, particularly in the form of domestic violence, and in recognition of
the silence that many women suffer in unnecessarily, due to either a lack of knowledge of
their rights, a lack of confidence to access justice for themselves, or both. MOSAIC's
registered head office is in Cape Town, South Africa. For further information about MOSAIC,
please visit www.mosaic.org.za