Although the publication of the much-anticipated draft legislation to designate special sexual offences courts this week has been welcomed, experts have questioned the substance of the proposals.
The draft sexual offences and related matters amendment bill provides for the justice minister, in consultation with prosecution and judiciary representatives, to dedicate a court to the trial or other proceedings of any person in relation to an alleged sexual offence.
The bill, if passed, will allow the minister to make regulations, in consultation with the chief justice, on these courts, including on requirements for their "efficient and effective functioning".
However, experts are concerned that the bill does not make enacting such regulations mandatory.
"The use of the word 'may' [in the bill] is intensely problematic because it creates the space for no further guidance to be provided," said Kelley Moult of the Gender Health and Justice Research Unit at the University of Cape Town.
This was echoed by independent researcher Lisa Vetten, who said: "Regulation must be imperative rather than discretionary."
Also, experts have warned that a "sexual offences" label on the door of the court won't necessarily guarantee quality justice in this area and that victims may not have access to equal levels of justice.
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