15 December 1999
The Domestic Violence Act, 1998 ( Act no 116 of 1998) which comes into operation on the 15 December 1999 ushers in a new era which signifies urgency and determination on the part of the government to tackle and eradicate the rampant violation of the rights of women and children.
The Prevention of Family Violence Act, 1993 which will be replaced by the new Act did not provide adequate protection for victims of domestic violence as it was vague in many respects.
The old Act was also out of touch with the realities faced by victims of dometic violence as it did not provide for other forms of abuse and was generaly construed as being limited to physical abuse.
The Act was also not in line with the Constitution as it left out people involved in other types of relationships like same - sex partners and those involved in casual relationships outside wedlock.
The most remarkable provision of the Act undoubtdly lies in the wide definition given to conduct that constitutes abuse which now includes: physical, sexual, emotional, verbal, psychological and economic abuse, intimidation, harrasment, stalking, damage to property and entry into a women's residence without consent where she is not staying with the abuser or any other controlling behaviour that may cause imminent harm to her safety, health or well-being.
This will cetainly go a long way in in helping countless victims of abuse, particularly women who find it difficult to get out of abusive situations or are held at ransom by male partners who capitalise on the fact that they wield the economic muscle and feel that their partners are powerless as they live in constant fear of going hungry if they leave their partners.
In terms of the new legislation, a victim can get a protection order against a husband or partner whether they live together or not and for the first time in the history of South Africa same sex partners whether living apart or not are also protected.
This protection also extends to partners who are engaged, dating or are married in terms of a customary union.
An application can be made not only during normal hours but also outside ordinary hours or during weekends and public holidays if the court is satisfied that the victim will suffer serious undue hardship if the application is not dealt with immediately.
Unlike it's predecessor, the new Act sets out duties of a police official at the scene of the domestic violence or when abuse is reported as follows:
Any failure to act accordingly by the police will constitute misconduct for which he or she may face a disciplinary action with the Independent Complaints Directorate.
The police are also empowerd to arrest an abuser at the scene of the abuse where he has committed a criminal offence in the form of any act of violence.
The protection order will operate widely and may also include seizure of arms or any dangerous weapon in the posession of the abuser and can also include police assistance where a woman intends to move from certain premises.
Victims who cannot afford to pay for the protection order may also apply to the clerk of the court for assistance.
The Act which has been warmly received by human rights bodies and women lobby groups also provides for the accomodation of victims of abuse in places of safety and medical treatment where necessary.
The Domestic Violence Act will be formally launched on the 25 January 2000 at Phuthaditjaba, Free State.
Issued by : Mr Simon Ngomane
Chief Directorate: Communication Services
Department of Justice and Constitutional Development
Enquiries: S. Ngomane
Tel: (012) 315 1731
Fax: (012) 323 3595
E-mail: sngomane@justice.gov.za