CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT ... - saflii

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ACKERMANN AND GOLDSTONE JJThe detailed duties of the South African Police Service at the time relevant to thismatter were to be found in the Police Act. 64Section 5 read as follows:“The functions of the South African Police shall be, inter alia—(a) the preservation of the internal security of the Republic;(b) the maintenance of law and order;(c) the investigation of any offence or alleged offence; and(d) the prevention of crime.”64Act 7 of 1958 which was replaced by the South African Police Service Act 68 of 1995 whichcommenced on 15 October 1995.38
ACKERMANN AND GOLDSTONE JJ[62] Thus one finds positive obligations on members of the police force both in theIC and the Police Act. In addressing these obligations in relation to dignity and thefreedom and security of the person, few things can be more important to women thanfreedom from the threat of sexual violence. As it was put by counsel on behalf of theamicus curiae: 65“Sexual violence and the threat of sexual violence goes to the core of women’ssubordination in society. It is the single greatest threat to the self-determination ofSouth African women.”She referred in that context to the following statement by the SCA in the Chapmancase: 66 “The courts are under a duty to send a clear message to the accused, to other potentialrapists and to the community. We are determined to protect the equality, dignity andfreedom of all women, and we shall show no mercy to those who seek to invade thoserights.”South Africa also has a duty under international law to prohibit all gender-baseddiscrimination that has the effect or purpose of impairing the enjoyment by women offundamental rights and freedoms and to take reasonable and appropriate measures to65The Centre for Applied Legal Studies (CALS), an organisation based at the University of theWitwatersrand, which conducts research and engages in advocacy, litigation and training for the promotion andprotection of human rights in South Africa. CALS has a Gender Research Project which focuses specifically onquestions of women’s human rights and sex and gender equality, with particular reference to the promotion ofequality for disadvantaged groups of women.66Above n 10 at 345C-D.39
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