Early in 2016, a racist outburst by a white woman in KwaZulu-Natal, Penny Sparrow, ridiculing Black beachgoers as ‘monkeys’, and announcing that thenceforth she would ‘address the [B]lacks of South Africa as monkeys’, published in her online profile, was quickly disseminated countrywide. It convulsed South Africa in shame and acrid anger. The [Constitutional] Court was not unaffected. Previous members of the Constitutional Court took comfort in reflecting, with evident satisfaction, on the absence of racially loaded and racially defined splits. Dramatically, these now fractured the Court.
Our judicial processes should not allow further victimisation to occur in the courtroom. Victims of sexual and gender-based violence are often faced with multiple levels of stigma and prejudice at a family and community level. These are further entrenched in police processes and courtroom battles. Those victims who are brave enough to overcome all the doubt and fear to report their cases, face further victimisation by the police. Police officers are generally perceived as being indifferent to the plight of women who are victims of sexual and gender-based violence. These men (and women) are usually the first figures victims encounter in the judicial system, yet many victims relate how unsavoury these encounters were for them.
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