ZONDI AJ
[22]
Rule 31 of this Court‘s Rules permits any party to any proceedings before the
Court including a properly admitted amicus curiae ―to canvass factual material which
is relevant to the determination of the issues before the Court and which does not
specifically appear on the record‖ provided that ―such facts are common cause or
otherwise incontrovertible; or are of an official, scientific, technical or statistical nature
capable of easy verification‖.
[23]
This Court in Prince held that, where the new evidence sought to be canvassed
is disputed, it undoubtedly demonstrates that the new evidence is not ―capable of easy
verification‖ and similarly is not incontrovertible.14
[24]
The evidence which the WLC seeks to introduce should be admitted. None of
the parties objected to its admission. The new evidence, which is entirely uncontested,
sets out the effect of rape trauma on adult survivors reporting sexual assault and getting
support thereafter. It is the only evidence we have that relates to adult trauma syndrome.
The findings of this Court on the nature and extent of rape trauma syndrome would be
a welcome addition to this Court‘s jurisprudence since its judgment in Bothma.15
Moreover in order to consider the full extent of the impact of section 18, and whether it
serves an important public interest, it is necessary to have information on the prevalence
of sexual offences against women in South Africa and the percentage of female
survivors of sexual offences who elect not to formally report the offences to the South
African Police Service (SAPS) and why they do not do so. This is what the new
evidence seeks to highlight. For instance the new evidence shows that in the ―Victims
of Crime Survey 2015/2016‖, a report by Statistics South Africa, only 35.5 percent of
survivors reported sexual offences to SAPS, which is quite alarming.16 Failure to report
14
Prince v President, Cape Law Society of the Cape of Good Hope [2002] ZACC 1; 2002 (2) SA 794 (CC); 2002
(3) BCLR 231 (CC) at para 10. See also Prophet v National Director of Public Prosecutions [2006] ZACC 17;
2006 (2) SACR 525 (CC); 2007 (2) BCLR 140 (CC) at para 33 and S v Lawrence; S v Negal; S v Solberg [1997]
ZACC 11; 1997 (4) SA 1176 (CC); 1997 (10) BCLR 1348 (CC) at para 23.
15
Bothma v Els [2009] ZACC 27; 2010 (2) SA 622 (CC); 2010 (1) BCLR 1 (CC).
16
―Victims of Crime Survey 2015/2016‖ above n 13 at 13.
12
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