Assessing the Implementation of the Domestic Violence Act in Gauteng - Publications
REPORT
Assessing the Implementation of the Domestic Violence Act in Gauteng
In 1998, the Domestic Violence Act was enacted to “afford victims of domestic violence the maximum protection from domestic abuse that the law can provide”. While the Act is an impressive piece of legislation, public hearings on the Act in 2009 raised a number of concerns by civil society on the Act’s implementation. While government departments have reported to parliament on progress made since the hearings, a question that needs asking is whether this progress has translated into improved service delivery to victims of domestic violence?
On the 10th of September 2013, 34 representatives from civil society organizations and government officials attended the launch of the third and final shadow report that the Tshwaranang Legal Advocacy Centre to end violence against women (TLAC) and the Heinrich Böll Foundation (HBF) have undertaken in their “Strengthening the State’s Response to Gender Based Violence” project. The event was chaired by Dianne Massawe from TLAC and led by a panel which included Claudia Lopes from HBF, Teboho Mashota from People Opposing Women Abuse (POWA), Joe Makume from the Regional Office of the Department of Justice and Constitutional Development (DOJ&CD) and Chief Magistrate Asha Ramla.
The event commenced with a presentation on the status of violence against women in South Africa followed by the findings of the report. The report, titled “Criminal Justice Responses: Assessing the Implementation of the Domestic Violence Act in Gauteng”, profiles the experiences of 151 persons applying for protection orders at nine courts in Johannesburg and Ekurhuleni (formally known as the East Rand) and their experiences of seeking assistance from the police on domestic violence matters. The report found that victims of domestic abuse accessing court and police services are still facing challenges similar to those raised at the public hearings and significant room exists for the improvement of these services.
Teboho Mashota from POWA substantiated the findings by sharing some of POWA’s experiences in assisting applicants in applying for protection orders at some Gauteng courts.
Chief Magistrate Ramla also acknowledged the concerns raised but added that clerks and magistrates had to work under challenging conditions which included heavy workloads, as well as capacity and budget constraints. Their work was also hindered by applicants who withdrew protection orders or attempted to apply for orders on matters not related to domestic violence – the latter occurred at times as a result of inaccurate information provided by the police to victims of domestic violence. While there had been improvements in the judicial system since the hearings she stated that it was unacceptable that domestic violence be handled on a “part-time basis” and there was a significant need for specialist courts on domestic violence. There was also a need to meet with the police to discuss referral problems.
Responding on behalf of the DOJ&CD, Joe Makume confirmed that delays and excessive waiting periods at courts was a continuous problem that required regular monitoring. The Department was in the midst of revising a domestic violence strategy which would include a focus on capacitating the courts with personnel hired on a permanent basis; improving infrastructure for a more victim friendly environment; revising of protection order application forms (including translating the forms into languages other than English) and were considering installing LCD monitors that would project information to applicants while they waited. The Department was also considering amending the DVA. He agreed with the Chief Magistrate that there was a need to decentralise domestic violence from other services and an urgent need to address negative attitudes by court clerks.
The report was welcomed by all present as an important tool to advocate for improved criminal justice responses which would afford victims a measure of increased safety and protection, and reduce their sense of isolation and helplessness. It would also promote greater faith in the ability of government efforts to reduce gender based violence.
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- Claudia Lopes et al., Criminal Justice Responses to Domestic Violence: Assessing the Implementation of the Domestic Violence Act in Gauteng, 2013.
- Hayley Taranto et al., Criminal Justice Responses to Domestic Violence: Assessing the Implementation of the Domestic Violence Act in Gauteng, Policy Brief, 2013.
- Claudia Lopes, Criminal Justice Responses to Domestic Violence: Assessing the Implementation of the Domestic Violence Act in Gauteng, Presentation, 2013.