Even for the very small percentage of survivors whose cases proceeded to trial, various barriers continued to impact their ability to seek justice. Western Cape authorities reported that in six months, between April and September 2023, 89 gender-based violence cases were struck off the court roll due to police inefficiencies.
Many survivors reported issues with information sharing, such as court dates or the bail status of their perpetrators – a critical failure in safety and protection support during proceedings. Additional barriers to justice at this juncture include court processes not being survivor-centered, language barriers, long delays and waiting times, persistent postponements, and a lack of legal representation for survivors.
Survivor from Montagu
Varity Bester from Montagu, who wished to be identified, reported spending years fighting for justice both in her own assault case against her brother and in her daughter’s rape case against a family friend. She said she has consistently had to deal with delays and other issues presented by court proceedings. Two years into her daughter’s case, she said, the court told her that her case had been withdrawn and that it had mysteriously disappeared from the court roll, only for it to re-emerge later with a new court date, once again without an explanation.
“My daughter was highly traumatized by what happened, all because of how the justice system failed us. This year it’s the seventh year that this case is carrying on.”
Survivor from Khayelitsha
A rape survivor from Khayelitsha, who wished to remain anonymous, has been waiting since 2017 for the conviction of her perpetrator.
“We went to court; the perpetrator did not show up. Then the case was postponed, and then they gave us another date, and the other date came, then I went to… the court. Again, he did not show up. After that the detective told me that he is not going to proceed with my case. They are going to appoint someone, some detective for me. Ever since then I have not heard or received anything from them.”
As far as she knows, no arrest warrant was ever issued by the court, and the perpetrator remains free.
This is the fourth time that I have experienced gender-based violence, and I am very unhappy. I want the judge to help me to get out of the situation because I feel unsafe.