South Africa’s amended Domestic Violence Act is envisaged to afford victims of domestic violence more protection against perpetrators.
This act gives the criminal justice system the necessary ammunition to tackle domestic and gender-based violence.
Furthermore, it gives police officials the authority to use force to gain access to a victim when the abuser denies access.
According to Kerryn Rehse, advocacy, policy and research officer at the Mosaic Training, Service and Healing Centre, prosecution would be able to bring in protection orders against the perpetrators as evidence of a history of violence.
“A case of contravention would need to be opened by police officials and brought to the court for prosecution. Section 22 of the Domestic Violence Amendment Act confirms that anyone who contravenes the provisions set out in a protection order is guilty of an offence. The contravention of a protection order is deemed a criminal offence,” says Rehse.
“In the case of murder or femicide, the prosecution would be able to bring in the protection orders as evidence of a history of violence against the perpetrator.”
According to Rehse, the immediate challenge is the correct application and enforcement by law agencies and the greater society to demonstrate the spirit that culminated in this legislative process.
“The effectiveness of the amendment act depends on the correct application of the law in its implementation at a local level.”
The amendment to South Africa’s Domestic Violence Act came in response to public outrage over soaring levels of gender-based violence and femicide across the country.
Parliament passed three amendment bills, known as the Gender-Based Violence Bills, in September last year.
“The new act removes some of the earlier administrative hurdles and gaps that made it difficult for victims to access protection and justice from the system,” says Rehse.
The aim of the Mosaic centre is to empower survivors of domestic violence and abuse.
This non-governmental organisation contributed to the act’s amendment.
According to Rehse, the introduction of electronic applications for protection orders is one of the most significant changes to the act.
“Applications for such orders can now be sent electronically to the relevant court for consideration without the applicant leaving home.
“The applications can be submitted at any time during the day, meaning they can be prepared and lodged with the court for consideration outside normal court hours.
“If the magistrate believes there are sufficient grounds for granting an interim protection order, it can be granted without the applicant appearing in court.”
The new legislation also contains provisions for safety monitoring. Once an order is made by the court, the relevant police station will monitor the safety of any person who has been awarded a protection order.
This compels police to check in with the applicant through electronic channels and visits to their home to assess the applicant’s safety.
“The safety monitor notice and subsequent police monitoring are preventative measures aimed at reducing instances of violence and femicide,” says Rehse.
“They come into play where there are reasonable grounds to suspect that the abuser poses a threat to the applicant’s safety.”
The new act removes some of the earlier administrative hurdles that made it difficult for victims to access protection from the system– Kerryn Rehse
