P 221600Z JAN 09
FM AMEMBASSY PRETORIA
TO SECSTATE WASHDC PRIORITY 7104
INFO DEPT OF JUSTICE WASHDC PRIORITY

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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