Dear Colleagues/partners,

It is with boundless pleasure that I release this statement to the Forum’s august Member Parliaments and partners in view of celebrating the International Day of Girl Child on this 11^th October 2021.  

The Forum fully associates itself with the United Nations General Assembly Resolution 66/170 to commemorate this day in view of recognising girls’ rights and addressing the unique challenges that they face in Africa and around the world.  One of the core objectives of the SADC-PF is give equal chances and opportunities to girl children in Southern Africa such that they progress in education as well as in the implementation of all other human rights, at par with boys, and without discrimination of any kind.

The SADC Model Law on Child Marriage and the Gender Responsive Oversight Model (GROM) are non-exhaustive illustrations of the several initiatives taken by the SADC-PF to empower girl children through parliamentary initiatives. With the advent of the Regional Parliamentary Model Laws Oversight Committee (RPMLOC), which is the Forum’s dedicated organ for monitoring the SADC Model Law on Child Marriage, the Forum is about to embark on close monitoring through parliamentary scorecards with the overarching objective of improving the situation and quality of life of girl children across SADC. In this respect, the Forum invites its longstanding partners to continue engaging the Forum in view of successfully interacting with the RPMLOC and aligning its processes for the ultimate benefit of girl children of the region.

The Forum also commends the theme of the “Digital Generation. Our Generation” chosen in 2021 to commemorate this august day as indeed girl children have endless potentials to tap from the digital possibilities that embrace the third decade of the new millennium. The digital world can act as a catalyst to serve the noble aspirations of girl children.  Indeed, girl children in SADC constitute the future of the region: they can be successful professionals, brilliant academics, loving mothers, ingenious innovators in industry, strategic investors, and so much more. Whichever path they will choose, the Forum commits to accompany them in their journey towards prosperity.

Happy International Day of the Girl Child 2021!

Yours sincerely,

Ms B. Sekgoma,Secretary General,

SADC Parliamentary Forum

11^th October 2021

Distinguished legal aid officials and participants,

It is with singular pleasure and satisfaction that I welcome you to this landmark Consultative Meeting on the SADC GBV Model Law. As you may be aware, this Consultative Meeting is being held after fruitful consultative meetings with all stakeholders in the legal fraternity – Indeed, the Forum has successfully garnered the views from judges and judicial officers, Magistrates, SADC lawyers and jurists, as well as prosecutors, to cite a few.

The fact that the Forum is today consulting with Legal Aid Officials demonstrates the depth of the Consultations engaged. Indeed, it would have been a missed opportunity not to engage Legal Aid officials who are themselves the custodians and guarantors of access to justice.

• Why is the consultation with Legal Aids Officials important?

It is trite that Legal Aid constitutes a gateway for access to justice for those who are at the bottom of the social ladder and cannot afford to pay court and counsel’s fees. This is compounded with the fact that unreported cases of GBV is often from the most vulnerable segment of society, and thus GBV complainants need to apply for legal aid to be able to adequately seize the court system, especially where civil matters are concerned.

In this respect, protection orders, occupancy orders or tenancy orders which are issued by the Court in the context of GBV offending are all involved with the legal aid process. In addition, in the criminal justice system, depending on the SADC Member State jurisdiction, legal aid can also assist GBV complainants who attend a police station without counsel. In short, legal aid comes at the rescue of those who cannot pay for their own legal fees.

In the context of the GBV Model Law, the Forum wanted to ensure that the Model Law contains sufficient legal aid provisions to assist GBV complainants, victims, or other GBV stakeholders, hence this engagement of paramount importance with you today.

• Legal aid and human rights

Having said the above, I would like to give some insight into the linkages between the Forum’s mandate and the provision of legal aid in SADC Member States.

As you may be aware, the Forum has clear objectives to promote a culture of human rights and to ensure gender equality in accordance with its Strategic Plan (2019-2023). While GBV is a clear infringement of several human rights such as the right to health, physical integrity, and the prohibition of torture and inhuman treatment, access to justice is equally another human right. Access to justice refers to prompt access to the court system through affordable avenues and with limited delay to obtain redress.

Thus, while eradicating GBV and implementing human rights, the Forum needs to consider all relevant human rights comprehensively, through a purposive approach.

At the same time, the Forum as an institutional organ of the SADC stands guided by the SADC Regional Strategy for GBV (2018-2030). The Regional Strategy has earmarked the need for a human rights compliant legal framework for GBV that could assist GBV victims in all SADC Member States.

The initiative of the Forum to prepare and implement the SADC GBV Model Law thus marks the convergence of several imperatives and priorities which have ripened over the years both regionally and at the national level. Additionally, the Model Law is a continuation of commitments taken through the Abuja Declaration, Sustainable Development Goal 5 as well as the AU’s Africa Agenda 2063. The Forum is thus threading on the right path of implementation of human rights and addressing its obstacles when it is weaving the issue of legal aid into the GBV discourse and reflecting same in its flagship Model Law.

• What does the     Forum       expect          from       Legal    Aid Officials

Distinguished Legal Aid Officials and participants,

Before I end, I wish to share a few pointers to guide today’s session. During this session, you are encouraged to interact openly and frankly with the Legal drafter and the facilitator.

You may wish to consider whether and to what extent should legal aid apply in the realm of GBV, and if it does apply which areas of the Model Law need to be revisited to ensure that legal aid is available to GBV complainants.

Furthermore, there is a need to provide for a means test for legal aid which would give a framework for national jurisdictions to consider. Since the SADC Model Law is a benchmarking legal instrument which will remain as a yardstick for SADC Member Parliaments, specific figures in the means test need not be given. Yet, parameters for legal aid may be considered in view of assisting Member Parliaments in the legislative process to devise a means test. For instance, it is now well known that considering income of an individual alone is not sufficient for legal aid, and that both income and assets are to be considered. Yet, there is a need to ascertain how to consider both income and assets and set parameters for same in a way which is human rights friendly and does not unduly prejudice meritorious applications for legal aid. This balancing exercise would thus be an important consideration for legal aid officials as they consider the provisions of the Model Law and devise a means test that could be used as a broad benchmark.

Having given the above essential pointers, I thank you again for your attendance today and wish you all a pleasant session.

Thank You.

Ms B.Sekgoma, Secretary General,

SADC Parliamentary Forum 8th October 2021

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