CHIEF JUSTICE WELCOMES USG INVOLVEMENT WITH NEWLY

UNCLAS PRETORIA 000131


DEPT FOR AF/S AND INL

E.O. 12958: N/A
TAGS: KCRM SF PHUM KWMN SOCI EAID PGOV
SUBJECT: CHIEF JUSTICE WELCOMES USG INVOLVEMENT WITH NEWLY
DEVELOPED JUDICIAL EDUCATION INSTITUTE


1. SUMMARY: Intermittent Legal Advisor (ILA) recently met
with Chief Justice Pius Langa of the Constitutional Court,
the highest court in South Africa, analogous to the U.S.
Supreme Court. This meeting in Chief Justice Langa's
chambers, was also attended by representatives of the United
States Agency for International Development (USAID). The
purpose of the meeting was to discuss with Chief Justice
Langa the U.S. Government's assistance with the development
and implementation of the Judicial Education Institute (JEI),
which provides training to members of the South African
judiciary. Prior to this meeting, the ILA discussed her role
in the Women's Justice and Empowerment Initiative (WJEI)
program with members of USAID and South Africa's Department
of Justice and Constitutional Development. Everyone agreed
that the WJEI program could add value to the development of
curricula for courses within the JEI initiative that relate
to the adjudication of cases that involve gender-based
violence.

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HOW USG CAN ASSIST WITH THE DEVELOPMENT OF THE JEI
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2. USAID's D&G team discussed how they can assist with the
development and implementation of the JEI. The ILA presented
detailed information regarding the WJEI program to Chief
Justice Langa. Chief Justice Langa was briefed on the ILA's
experience as a federal prosecutor in the United States, the
origin and mission of the WJEI program, and how the USG,
through WJEI, can assist with the development of curricula on
the adjudication of cases involving gender-based violence,
especially regarding the adjudication of sexual assault
cases. Chief Justice Langa asked about the types of topics
that such a curriculum could cover, the ILA cited various
specific issues that frequently arise in sexual assault
cases, which includes, but is not limited to the following:
1) the importance of understanding how trauma affects the
behavior of a rape victim, and how such information can be
used to assess a victim's credibility; 2) the importance of
understanding why victims may engage in delayed and
intermittent reporting after having been raped; 3) the
importance of understanding why a rape victim may not have
any physical injuries as a result of the attack, and how that
evidence should be considered by a judicial officer; and 4)
how to address evidentiary issues that may arise during the
trial in a manner that protects the accused's constitutional
rights, while ensuring that the victim's rights are protected
under the law. The ILA also explained the importance of
having these, and other principles, included in a judicial
curriculum, due to the importance of all judges awareness of
these issues and adhere to the same standard when they are
evaluating evidence in sexual assault cases. Chief Justice
Langa agreed that these issues should be considered by
judicial officers who are presiding over these types of
cases. The ILA also cited a curriculum that has been widely
used by judicial officers in the United States, developed by
the National Judicial Education Program in New York City.
Chief Justice Langa was very receptive, and he commented on
the value of having a technical advisor here in South Africa
who can highlight the sensitive and complex issues that arise
in sexual assault cases for members of the judiciary to
consider. It was clear from his comments that issues
involving gender-based violence are important to him, and
that the development of curricula in the JEI on this topic
Qthat the development of curricula in the JEI on this topic
would be a valuable contribution by the U.S.G.

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TRAINING OF THE MAGISTRATES AND JUDGES
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3. The Chief Justice said the JEI would provide training to
magistrates and judges in the Regional and High Courts, while
the existing Justice College would continue to provide
services to prosecutors and other members of the justice
sector. In order to begin the development phase of the JEI
Chief Justice Langa stated that he would be establishing a
Judicial Council before the end of 2008, and expects this
Council will be "hitting the ground running" in order to
begin working on the establishment of the JEI. Once the
Council has been established, the Chief Justice will invite
members of the USG. to do a presentation to the Council
regarding how it can assist with the formation of the JEI.

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CHIEF JUSTICE WELCOMES USG INVOLVEMENT
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4. Chief Justice Langa found the meeting with the USG
representative to be "very useful" because we provided him
with practical suggestions regarding the development and
implementation of the JEI. The Chief Justice asked for a
written summary of the meeting and said he would share our
information with the Council and invite us to conduct a
presentation.


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