REPORT ON THE COUNTER DOMESTIC VIOLENCE BILL 2021

REPORT ON THE COUNTER DOMESTIC VIOLENCE BILL, 2021
PRESENTED
BY
THE PORTFOLIO COMMITTEE ON THE SOCIAL CLUSTER
National Assembly Phone: +266 22323035 P. O. Box 190 Fax: + 266 22310434
Maseru 100

TABLE OF CONTENTS

1. Introduction…………………………………………………………….……….…………….……1
2. Ministerial Brief…………………………………………………………….………….…….……1
3. Findings During the Public Hearings…………………………………………….………2
4. Observations of the Committee………………………….………..……….……………..4
5. Consideration of the Bill, Clause by Clause…….………………….………..……….4
6. Recommendations……………………………………………………..……………………….16
7. Conclusion……………………………………………………………………………………………16
8. Annex 1 (List of Members of the Committee)………………………………………i
9. Annex 2 (Bill as Amended)……………………………………………………………………ii 1
10. INTRODUCTION
    The Counter Domestic Violence Bill, 2021 was tabled before the House by the Hon. Minister of Gender and Youth, Sports and Recreation on Tuesday, 6th April, 2021. The Bill was referred for consideration to the Portfolio Committee on the Social Cluster (Annex1) in accordance with the National Assembly Standing Order No. 51(5).The Ministry responsible for the Bill was subsequently invited to provide the Committee with the policy context, financial implications, contents and effects of the Bill as per National Assembly Standing Order No. 54 (2).
    Following the tabling of the above-mentioned Bill, the Hon. Minister and his officials held a briefing session relating to the Bill for the Committee on Wednesday 26th May, 2021. After the session, members of the committee as the representatives of the public found it befitting to conduct public hearings on the Bill in terms of the National Assembly Standing Order No.54 (3). The following different stakeholders were also granted an opportunity to submit their views on the Bill to the Committee for its consideration: Transformation Resource Centre, People’s Matrix Association, She Hive Association, Women and Law, Lesotho National Federation of Organisations of the Disabled as well as Network of Early Child Development of Lesotho but only People’s Matrix Association responded.
    This report therefore presents before the House, the findings of the Committee during deliberations on the Bill.
11. MINISTERIAL BRIEF
    In her briefing, the Hon. Minister of Gender and Youth, Sports and Recreation explained that the main purpose of the Bill is to address violence within a domestic set up. The Bill attempts to respond to the nature of Gender Based Violence (GBV) cases presented before the Ministry and reports indicating an alarming high rate of intimate partner violence.2
    The Bill is intended to provide protection of victims’ rights, prevention of domestic violence as well as related matters. It further seeks to recognize the discrimination experienced by certain groups of people by virtue of their age, disability, sexual orientation and gender identity. In addition, it seeks to abolish some existing abusive practices which degrade children and women such as forced child marriages, levirate and sororate marriages, and sex between parents and children.
    It proposes to provide victims’ protection in the form of court orders in order to prohibit perpetrators from committing certain offences. It further intends to establish the following structures to name the few: Family Courts and Restorative Justice Councils to deal effectively with issues related to domestic violence; shelters for victims as well as rehabilitation or counselling centres for victims and perpetrators of domestic violence.
    Once the Bill is implemented, people will be encouraged to report cases of domestic violence and the law will not prejudice anyone but all persons will benefit in the domestic sphere.
    On the issue of financial implications of the Bill, it was mentioned that the implementation of the Bill shall require some funds whilst the Government stands a chance to collect revenue in the form of fines.
12. Findings during the public hearings on the Bill
    The public applauded Parliament’s initiative to engage the public in the law making process through the portfolio Committee on the Social Cluster, especially the law that will affect their lives on issues surrounding domestic violence; a situation that has existed and threatened the livelihoods of Basotho for a long time. Their views are summarized as follows:
     Though the public appreciates the contents of the Bill, majority of them held the view that child labour should be considered as one of the abusive practices in
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    clause 2 because child labour remains a practice and a challenge in the country and its omission will therefore distort the actual purpose of the Bill of abolishing abusive practices.
     The public approves the contents of the Bill and its intended spirit; however, majority of the public were of the opinion that clause 11 compels victims of physical abuse to access medical forms only in police stations and this in some cases promotes domestic violence acts whereby a police officer may deny a victim access to the said forms if the police officer has a certain relationship with the perpetrator.
     In some other cases, police officers are perpetrators and use their influence at the police stations to obstruct justice by conniving with their colleagues to deny their spouses (victims of domestic violence in this case) medical forms. The public therefore suggested that the medical forms be accessible at the police stations, health centers and village chiefs’ offices in response to the prevailing situation.
     A large number of the public was of the view that clause 19 fails to meet the intended purpose of the Bill to a certain extent because it proposes the village chief to be the Chairperson of the Restorative Justice Council and the chief might be biased to either the victim or the culprit due to a certain relationship she or he might have with one of them. Based on this, the public suggested that the said clause be amended.  Even though the community approves the contents of clause 26, most of them were of the opinion that the main purpose of the Bill is to minimise domestic violence acts but the fines suggested in clause 26 are very low. This might indirectly encourage culprits to commit more crimes related to domestic violence since they can afford to pay fines. This will therefore not meet the above-mentioned purpose of the bill to some extent. Due to this, the public proposed that fines in that clause be increased.
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     The public was of the opinion that abortion should be legalized in order to afford the victims of domestic violence and the public at large a chance to safely abort unwanted pregnancies and to save lives of the people.
    The public proposed that the following be considered as part of clause 26:
     A person who has committed a crime of murder and has been granted a bail but re- commits the same crime, she or he should not be eligible for the second bail.
     A person who has committed a crime of rape with HIV status should be denied the right to have bail and death sentence be considered as the only punishment that she or he deserves.
13. OBSERVATIONS OF THE COMMITTEE
    The Committee has observed that the nation and the international community are passionate about this law that is meant to minimise cases of domestic violence that are sky rocketing every day.
14. CONSIDERATION OF THE BILL CLAUSE BY CLAUSE
    5.2 CLAUSES WITHOUT AMENDMENTS
    The following Clauses were adopted without amendments:
    1 and 29.
    5.3 GENERAL AMENDMENTS
15. Delete the word “complainant” wherever it appears in the bill except in clause 26 and substitute it with “victim” 2. Delete the word “responded” wherever it appears in the Bill and substitute with “perpetrator.”
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    5.4 SPECIFIC AMENDMENTS
    The Committee adopted Clause 2 with the following amendments:
16. In Clause 2, definition of “abusive practices,” line 3, after the word “marriages” insert “forced initiation and exploitative child labour.”
    4.In Clause 2, after the definition of “complainant,” insert a new definition of “cohabitation” as follows:
    “cohabitation means a state of living together and having a sexual relationship without being married;” 5. In Clause 2, delete the definition of “domestic violence” 6. In Clause 2, definition of “domestic relationship,” line 2, after the word “ways” insert “where.” 7. In Clause 2, definition of “economic abuse,” sub-clause (c), line 1, after the word “to” insert the word “education” and insert a “comma” 8. In Clause 2, definition of “emotional, verbal and psychological abuse,” after the word “means,” insert the following words “degrading or humiliating conduct towards a victim, including-” 9. In Clause 2, definition of “emotional, verbal and psychological abuse,” sub-clause (b)(i),delete the word “repeated” and after the word “emotional” insert “psychological.” 10. In Clause 2, definition of “emotional, verbal and psychological abuse,” sub-clause (b)(i), delete numbering “i” and substitute with “ii” and sub-clause (b)(ii), delete numbering “ii” and substitute with “iii”. 11. In Clause 2, definition of “emotional, verbal and psychological abuse,” sub-clause (b)(i), line 2, delete the words “of the complainant.” 12. In Clause 2, definition of “emotional, verbal and psychological abuse”, sub-clause (c ), line 2, delete the words “a child” and substitute with “any person”, line 4, delete the words “instability”; and substitute with “harm; and”. 13. In Clause 2, definition of “family court”, use capital “F” and “C”
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17. In Clause 2, definition of “family or household member,” delete the definition and substitute with “a person defined under a domestic relationship.” 15. In Clause 2, definition of “personal belonging,” delete the words “does not include” and substitute with “any item that belongs to a person except”. 16. In Clause 2, definition of “physical abuse,” line 3, delete the word “abduction” and the comma” and after the word “and” delete the words “other essential” and substitute with “any other form of physical harm.” 17. In Clause 2, definition of “restorative justice,” line 1, after the word “civil”, insert a “comma” and the word “social.” 18. In Clause 2, definition of “sexual abuse in marriage, relationships or otherwise,” sub-clause (a), line 1, delete the word “application” and substitute with “apply”. 19. In Clause 2, definition of “sexual abuse in marriage, relationship or otherwise,” sub-clause (b) delete the words “coercion for” and substitute with “coerce a.” 20. In Clause 2, definition of “sexual abuse in marriage, relationship or otherwise,” sub-clause (c ), line 1, delete the word “complainant” and substitute with “engage in a sexual act with a victim who.” 21. In Clause 2, definition of “sexual abuse in marriage, relationship or otherwise,” delete sub-clause (d) and substitute with “(d) perform a sexual act with a victim without disclosing a sexually transmitted disease, infection or status;” 22. In Clause 2, definition of “sexual abuse in marriage, relationship or otherwise,” after sub-clause (d), insert new sub-clauses (e) and (f) as follows: “(e) engage in a conduct that abuses, humiliates, degrades or otherwise violates the sexual integrity of the victim; and (f) make a fraudulent representation to a victim about the nature of an act of sexual intercourse and the victim acts on this misrepresentation;” 23. In Clause 2, delete the definition of “sexual act” and substitute with the following: “sexual act means-
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    (a) a direct contact with anus, breasts, penis, buttocks, thighs and vagina of one person and any other part of the body of another person with intention to perform sexual act; (b) exposure or display of the genital organs of one person to another person; (c) insertion of any part of the body of a person or any part of the body of animal or any object into a vagina or penis or anus of another person; or (d) cunnlings, fellatio or any other form of genital stimulation;” 24. In Clause 2, definition of “stalking,” after sub-clause (d), add a new sub-clause (e) as follows : “(e) an act of perusing through a victim’s accessory with the intention to use evidence to threaten him in a domestic environment.” 25. In Clause 2, definition of “technological abuse,” line 2, delete the word “gratuitous”. 26. In Clause 2, delete the definition of “victim” and substitute with “ victim means a person against whom a domestic violence act has been committed or who is a representative of a victim or the person who has a vested interest in the matter;” Clause 3 was adopted with the following amendments: 27. In Clause 3, sub-clause (f), line 1, delete the word “a” and substitute with “an intimate” and after the word “partner” insert “or spouse.” 28. In Clause 3, sub-clause (g), line 1, after the word “medical” insert “care”. 29. In Clause 3, sub-clause (i)(iii) ,line 2, delete the word “or”. 30. In Clause 3, after sub-clause (i)(iv), add new sub-clauses (v), (vi),(vii) as follows: “(v) exploitative child labour; (vi) forced initiation ;or (vii) intimidation.” 31. In Clause 3, sub-clause (j), line 2, after the word “orientation” delete the word “or” and substitute with a “comma.”
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18. In Clause 3, sub-clause (j), line 2, after the word “identity” insert a comma and the words “gender expression, race or ethnicity, level of education or other status of a victim” Clause 4 was adopted with the following amendments: 33. In Clause 4, move sub-clause (3)(b) and sub-clause (3)(d) and place them after sub- clause (3)(g) and renumber sequentially. Clause 5 was adopted with the following amendments: 34. In Clause 5, sub-clause (2) (b), line 1, after the word “applicant” insert a “comma” 35. In Clause 5, sub-clause (3), line 1, delete the words “whether appropriate.” Clause 7 was adopted with the following amendments: 36. In Clause 7, sub-clause (a)((i), line 2, delete the word “or” 37. In Clause 7, sub-clause (a)(ii), line 3, after the word “place;” insert the word “or”. 38. In Clause 7, after sub-clause(a)(ii), add a new sub-clause(a)(iii) as follows: “(iii) entering a residence shared by a victim and perpetrator;” 39. In Clause 7, delete sub-clause (b), after the word “director,” insert “a perpetrator,” and delete sub-clause (b) (i). 40.In Clause 7, sub-clause“(b)(i), delete the numbering (aa),(bb),(cc),(dd) and (ee)” and substitute with “(i),(ii),(iii),(iv) and (v)” respectively. 41. In Clause 7, sub-clause (b), delete the numbering “(ii) and (iii)” and substitute with “(c ) and (d)” respectively. Clause 8 was adopted with the following amendments: 42.In Clause 8, sub-clause (3)(c), line 1, delete the word “rehabilitation” and substitute with “counselling” and line 2, delete the words “rehabilitating officer” and substitute with “a counsellor.” 43. In Clause 8, sub-clause (3)(c), line 3, delete the word “rehabilitated” and substitute with “reintegrated.” Clause 9 was adopted with the following amendment: 44. In Clause 9, sub-clause (1), line1, delete “5” and substitute with “five.” 45. In Clause 9, sub-clause (3), line 1, delete “5” and substitute with “five.”
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    Clause was 10 adopted with the following amendments: 46.In Clause 10, sub-clause (1), line 2, after the word “shall” delete all the words and insert new sub-clauses (a)and (b) to read as follows: “(a) operate for twenty four-hours, seven days a week; and (b) be staffed with police officers with relevant expertise and training in domestic violence and other related matters.” 47. In Clause10, sub-clause (4), line 2, after the word “complainant” add the words “and gender sensitive and gender affirming.” Clause 11 was adopted with the following amendments: 48. In Clause 11, sub-clause (2), line 3, delete the word “quarterly” and substitute with “monthly”. 49. In Clause 11, sub-clause (3), line 3, delete the word “annually” and substitute with “quarterly”. 50. In Clause 11, sub-clause (4), line 2, after the word “gender”, insert “and the Minister responsible for development planning”. Clause 12 was adopted with the following amendment: 51. In Clause 12, sub-clause (1), line 3-4, delete the words “which constitutes a criminal offence.” Clause 14 was adopted with the following amendments: 52. In Clause 14, sub-clause (1), line 1, after the word “institution” insert “and its subsidiary” 53.In Clause 14, sub-clause (3) line 2, delete the word “annual” and substitute with “quarterly” and line 3, delete the word “annually” and substitute with “quarterly”. 54. In Clause 14, add new sub-clauses (4) and (5) as follows: “(4) A registered practitioner shall terminate pregnancy of a person who is pregnant as a result of an incestuous relationship or rape.” (5) The Minister responsible for health shall share statistics with the Minister responsible for gender and the Minister responsible for development planning” Clause 15 was adopted the following amendments:
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19. In Clause 15, sub-clause (3)(d), line1, delete“3” and substitute with “two”. 56. In Clause 15, delete sub-clause (7). Clause 16 was adopted with following amendment: 57. In Clause 16, sub-clause (3), for the words “family court’ use capital “F” and “C” Clause 17 was adopted with the following amendment: 58. In Clause 17, delete sub-clauses (a) and (b) and substitute with the following and renumber sequentially: “(a) divide property of persons who are in a cohabiting relationship and consider each party’s contribution of assets and liabilities when it determines the share of each party’s property” Clause 18 was adopted with the following amendment: 59. In Clause 18, sub-clause (2)(b)(i), delete the words “complainant or” Clause 19 was adopted with the following amendments: 60.In Clause19, delete the “heading” and substitute with a new heading “Establishment and Composition of the Restorative Justice Council”. 61. In Clause 19, delete sub-clause (1) and substitute with “(1)There is established a Restorative Justice Council to hear cases of domestic violence at community level” 62. In Clause 19, delete sub-clause (2) and substitute with the following: “(2) The Council shall compose of- (a) Area Chief of the place where the victim and perpetrator reside or his representative who shall be the Chairperson; (b) one member of community policing forum nominated by the forum (c) one Area Councillor of the place of residence of the victim and the perpetrator; and (d) a secretary who shall be responsible for taking record of the proceedings.” 63. In Clause 19, delete sub-clauses (3) and (4) and substitute with the following new sub-clause (3) :
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    “(3) The Council shall allow the following persons to be present during any proceedings: (a) the victim and the perpetrator; (b) not more than two persons for each party to the proceedings to provide support; (c) witnesses; and (d) a representative of the victim where a victim is a child or unable to represent himself.” 64. In Clause 19, delete sub-clause (5). Clause 20 was adopted with the following amendments: 65. In Clause 20, delete the “heading” and substitute with “Referral to the Restorative Justice Council.” 66. In Clause 20, delete sub-clauses (1)(a),(b), (c ), (d) and (e) and substitute with the following: “Referral to the restorative justice process shall be made by- (a) a victim, his parent or any other adult; (b) the chief; (c) a probation officer or a prosecutor; (d) a presiding officer; Clause 21 was adopted with the following amendments: 67. In Clause 21, on the “heading” delete “Chairperson of the,” and substitute with “Restorative Justice.” 68. In Clause 21, delete the whole Clause and substitute with the following: “21. The Restorative Justice Council shall: (a) hear cases of domestic violence at community level; (b) guide restorative justice processes; (c) authenticate records by affixing of signatures of both the victim and perpetrator on each page of the record of proceedings; and (d) advise victim and perpetrator on decisions the Council has taken.”
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20. After Clause 21, insert a new Clause 22 with the heading “Meetings of the Restorative Justice Council,” and the following new sub- clauses(1),(2),(3),(4)(a),(b),(c),(d),(5) and(6) and renumber sequentially ; “(1) The Council shall meet whenever there is a matter before it. (2) The Area Chief shall preside in all meetings. (3) In the absence of the Chairperson, the members of the Council shall elect one member to preside. (4) The Chairperson shall- (a) convene the Council where the need for restorative justice has been established; (b) authenticate records by affixing his signature and stamping the copy; (c) ensure that a victim and perpetrator have a copy of the record of the proceedings; (d) communicate decisions made during restorative process to every person who will be directly involved in the implementation of the decisions; (5)The Secretary of the Council shall reduce the proceedings into writing (6)The quorum at the meeting shall be three members.” Clause 22 was adopted with the following amendments: 70. Delete the whole Clause 22 and substitute with the following: “22. Where a perpetrator fails to comply with resolutions taken during the restorative process, the victim shall report the violating act of the perpetrator to the area chief who shall refer the matter to the police.” 71. After Clause 22, insert a new Clause 23 as follows and renumber sequentially: “Appeals 23. Where a victim and perpetrator do not agree on the decisions made by the Restorative Justice Council, the matter may be referred to the police and court of law depending on the circumstances of the case.” Clause 23 was adopted with the following amendments:
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21. In Clause 23, sub-clause (2)(b), after the word “provide,” insert “psychological support to victims of domestic violence which include-” 73. In Clause 23, sub-clause (2)(b)(i), line 1-2, delete the words “for victims of domestic violence” 74. In Clause 23, sub-clause (2)(b)(iii), line1, after the word “adequate” insert “gender sensitive and gender affirming” 75. In Clause 23, sub-clause (2)(b)(iv), delete a “semi colon” and the word “and” substitute with “ that are inclusive of gender diversity.” 76. In Clause 23, delete the whole sub-clause (2)(b)(v). Clause 24 was adopted with the following amendments: 77. In Clause 24, sub-clause (1), line 2, delete the word “a” and add “s” to the word “centre” 78. In Clause 24, delete sub-clause (2) and substitute with the following: “(2) A person in charge of a rehabilitation centre shall provide psychological support to a perpetrator which include- (a) temporary basic support, care and accommodation; (b) safety for a perpetrator against all sorts of dangers; (c) access to adequate gender affirming health and medical care; (d) adequate hygiene and sanitary facility which is inclusive of gender diversity.” Clause 25 was adopted with the following amendments: 79. In Clause 25, sub-clause (a), after the word “policies” insert “and conduct” 80. In Clause 25, after sub-clause (e), delete numbering (a) and substitute with (f). Clause 26 was adopted with the following amendments: 81. In Clause 26, delete the words “the complainant” and substitute with “another person” wherever it appears in this clause except in sub-clause (2) (m), line 2. 82. In Clause 26, after the word “or” delete the word “to” wherever it appears in this Clause.
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22. In Clause 26, after sub-clause (1)(a), insert a new sub-clause (1)(b) as follows and renumber sequentially: “(b) physical abuse with the intention to cause serious bodily harm or any form of lasting physical disability commits an offence and is liable on conviction to a fine not exceeding Ten Thousand Maloti or imprisonment for a period not exceeding seven years or both;” 84. In Clause 26, after sub-clause (1)(b), insert a new sub-clause (1)(c) as follows and renumber sequentially: “(c) murder as a result of an act of domestic violence is liable on conviction to life sentence.” 85. In Clause 26, sub-clause (2)(b), line 2-3, delete the words “ Two Thousand Five Hundred Maloti” and substitute with “Five Thousand Maloti”. 86. In Clause 26, sub-clause (2)(b), line 3, delete the words “one year” and substitute with “three years.” 87. In Clause 26, sub-clause (2)(c), line 2, delete the word “Twenty” and substitute with “Ten,” line 3, delete the word “fifteen” and substitute with “seven.” 88. In Clause 26, after sub-clause (2)(c ), insert new sub-clauses (d) and (e) as follows and renumber sequentially: “(d) any conduct that humiliates, degrades or otherwise violates integrity of another person commits an offence and is liable on conviction to a fine not exceeding Three Thousand Maloti or imprisonment for a period not exceeding two years; (e) fraudulent representation to another person about the nature of intercourse and the affected person acted on this misrepresentation commits an offence and is liable on conviction to a fine not exceeding Five Thousand Maloti or imprisonment to a period not exceeding three years;”
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23. In Clause 26, sub-clause (2)(d), line 3, delete the word “of” and substitute with “not exceeding.” 90. In Clause 26, sub-clause (2)(e), line (1), delete the words “breaches the terms of a protection order and,” and in line 2-3, delete the words “a contempt of court” and substitute with “an offence.” 91. In Clause 26, sub-clause (2)(e), line 4, after the word “exceeding,” delete the words “Two Thousand Five Hundred” and substitute with “Five Thousand,” and in line 4, delete the words “one years,” and substitute with “three years.” 92. In Clause 26, after sub-clause (e), insert a new sub-clause (f) as follows and renumber sequentially: “(f) forces another person to go to initiation school commits an offence and is liable on conviction to a fine not exceeding Five Thousand Maloti or imprisonment for a period not exceeding three years.” 93. In Clause 26, sub-clause (2) (h), line 1, delete the word “has” and substitute with “engages in.” 94. In Clause 26, sub-clause (2)(i), line 1, delete the words “and a parent.” and in line 2, delete the word “fifteen” and substitute with “twenty.” 95. In Clause 26, sub-clause (2)(j), line 2, delete the words “the court. 96. In Clause 26, sub-clause (2)(k), line 1, after the word “to”, insert the word “education” and a “comma”. 97. In Clause 26, sub-clause (2)(l) at the beginning of a sentence, insert “without consent.” 98. In Clause 26, sub-clause (2)(l), line 3, after the word “for” insert the word “a.” 99. In Clause 26, after sub-clause (2)(I), add a new sub-clause (m) as follows and renumber sequentially: “(m) facilitates exploitation of child labour commits an offence and is liable on conviction to a fine not exceeding Twenty Thousand or imprisonment for a period not exceeding fifteen years or both.”
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24. In Clause 26, sub-clause (2)(m) line 1, delete the words “the complainant” and substitute with another person” and line 1-2, delete the words “the complainant” and substitute with “the person.” 101. In Clause 26, sub-clause (2)(m), line 2, after the word “clothing” insert a “comma” and the words “medical care.” 102. In Clause 26, sub-clause (2)(o)(iii), delete the words “being old” and substitute with “age” and delete numbering “iii” and substitute with “ii”. 103. In Clause 26, sub-clause (2)(o)(iv), after the word “identity” insert “or expression or any other status” and delete numbering “iv” and substitute with “iii”. 104. In Clause 26, sub-clause (3), line 2, delete the words “the sexual” and substitute with “an” 105. In Clause 26, sub-clause (4)(b) delete the word “unreasonable” and substitute with “unreasonably.” 106. In Clause 26, after sub-clause (4)(c), line 1, delete the words “the value of market price of the items” and substitute with “a fine not exceeding Twenty Thousand Maloti,” and in line 2, delete the word “two” and substitute with “fifteen.” 107. After Clause 26, sub-clause 5, add a new sub-clause (6) as follows: “(6) A person who commits an offence under this Act for which no penalty is provided is liable on conviction to a fine not exceeding Ten Thousand Maloti or imprisonment for a period not exceeding seven years or both.”
25. RECOMMENDATIONS
    After a thorough scrutiny of the Bill, consideration of the Ministerial brief, analysis of the public opinions, the Committee recommends that the Bill be passed as amended (Annex2), however, the Committee recommends that:
     Members of Parliament and all community leaders must sensitise the public about the availability of medical forms at the hospitals apart from the police stations. Also, the public must be made aware that copies of medical forms can be obtained from
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    the hospitals in cases whereby police officers intentionally hide or misplace the victims’ medical forms to obstruct justice.  Abortion should be legalised as the public suggested during the public hearings and relevant laws such as the Penal Code Act, 2010 , Sexual Offences Act, 2003 should be amended as soon as possible in order to save lives of the women and adolescent girls who are mostly victims of rape and domestic violence.
26. CONCLUSION
    Having considered the Bill, the Committee resolved to submit this Report to the House for adoption.

ANNEX 1
MEMBERS OF THE PORTFOLIO COMMITTEE ON THE SOCIAL CLUSTER

1. Hon. M. Fako ( Chairperson) 2. Hon. T. Kholumo 3. Hon. M. Nkhase 4. Hon. P. Molefi 5. Hon. L. Mokoma 6. Hon. N. Mafa 7. Hon. K. Mokhethi 8. Hon. M. Thamae 9. Hon. M. Mosothoane 10. Hon. M. Koma 11. Hon. M. Mahapa 12. Hon. N. Makoae 13. Hon. M. Monyolo 14. Hon. M. Phohleli 15. Hon. M. Hlalele 16. Hon. M. Rapoto 17. Hon. T. P. Mafojane 18. Hon. T. G. Manyooko