FOR TOO long, survivors of sexual violence in South Africa have lived with the agonising fear that their attackers could one day walk free. However, a landmark decision to revoke the parole applications of Alison Botha’s perpetrators marks a crucial turning point—one that sends a clear message that justice does not end at sentencing and that survivors have the right to live without the looming threat of their attackers being released.

Earlier this month, Minister of Correctional Services, Dr. Pieter Gronewald, exercised his authority to overturn the parole applications of the men who brutally attacked Botha. This decisive action signals a firmer stance against violent offenders and a significant shift in the country’s approach to gender-based violence (GBV) and crime.

Tania Koen, an attorney at Tania Koen & Conveyancers, emphasised the importance of this ruling, stating, “This precedent shows that our minister is taking crime and GBV seriously. It is a victory, but it also highlights the inconsistencies in our parole system. There are 52 parole boards in South Africa, each operating with different interpretations of rehabilitation. Survivors and their families often have no insight into these processes until after decisions are made. This has to change.”

A Symbol of Resilience

Alison Botha’s story has long been a symbol of survival, courage, and resilience. After enduring a horrific attack and being left for dead, she has had to relive her trauma through legal proceedings and media attention while fighting to keep her attackers behind bars. Her unwavering determination has brought to light the immense burden placed on survivors, a burden that should not fall solely on their shoulders.

“This case demonstrates just how much the justice system continues to demand from survivors,” Koen added. “To protect themselves and others, victims must actively participate in parole hearings, despite the deep trauma this causes. The Department of Correctional Services should comply with its regulations and inform victims of upcoming parole hearings. Too often, victims are left in the dark.”

Mara Glennie, founder of the TEARS Foundation, reinforced the broader significance of the case, stating, “Alison’s courage has set a precedent that benefits all survivors. It sends a powerful message that perpetrators will be held accountable and that victims' voices matter. This decision is not just about Alison; it’s about protecting every survivor who fears encountering their attacker again.”

The Need for Reform

While this ruling is a significant victory, legal experts and advocacy organisations warn that it is only the beginning. They argue that urgent reforms are needed to prevent the premature release of violent offenders and to ensure the safety of survivors.

Koen and Glennie have outlined key changes required in the parole system:

Victim participation in parole hearings: Survivors and their families must be actively informed and given the opportunity to participate. While emotionally difficult, written submissions should also be an option.
Accountability for parole boards: If parole boards fail to invite victims or overlook critical information, they should face legal consequences.
Stronger parole conditions: Conditions such as no-contact orders, geographical restrictions, and mandatory GBV rehabilitation programs must be enforced rigorously. If an offender violates these conditions, parole should be immediately revoked.
Greater public awareness: More campaigns are needed to educate survivors about their rights and the parole process. Advocacy groups play a vital role in guiding survivors but lack the legal standing to challenge parole decisions directly.

Koen also advocates for sentencing reforms: “There are certain categories of offenders who should never be eligible for parole. Many countries impose life sentences without the possibility of parole for the most violent criminals. South Africa does not. Given the pandemic-level crime rates we are facing, we must consider whether this option should be introduced.”

Justice Beyond Punishment

Glennie argues that sentencing should prioritise the safety and rights of survivors over leniency for offenders. “Victims should not have to live in fear that their attackers will one day walk free. Sentencing must prioritise the safety and rights of survivors over leniency for offenders. The trauma does not end when the trial does; justice should reflect that reality.”

Currently, South African judges can impose a non-parole period or declare an offender a dangerous criminal, but Glennie believes more decisive sentencing laws are necessary. “Survivors need long-term assurance that their safety is not temporary. Justice must be about more than punishment; it must be about protection.”

This landmark case should serve as a turning point for parole policies in South Africa. Survivors deserve more than just awareness campaigns; they deserve a justice system that prioritises their safety. The TEARS Foundation is urging the government to implement the necessary legal reforms and for survivors and the public to demand accountability.

“We cannot afford for this victory to be an exception,” Koen concluded. “This must become the standard. No survivor should have to fight this difficult to feel safe.”

* If you or someone you know has been raped or abused, dial *134*7355# (free) or contact the TEARS Foundation on 0800 083 277 (available 24/7 toll free).

www.tears.co.za / info@tears.co.za

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Alison Botha's case: A turning point for survivors of gender-based violence