domestic violence guidelines to assist magistrates
19 June 2008

The guidelines will help implement the principles contained in various policy documents in relation to victims of crime which have been developed and launched such as the Minimum Standards for Victims of crime, National Services Charter, National Directory of Services, said the Department of Justice and Constitutional Development.

This initiative endeavours to improve service delivery within our courts especially to women and children in abusive situations, said the department in a statement.  The guidelines are also intended to unsure effective implementation of the Domestic Violence Act 116 of 1998 in courts.

Representatives from non-government organisations (NGOs) who work with domestic violence cases; Chapter 9 institutions such as the Human Rights Commission, Gender Commission, Youth Commission, the Public Protector and the National Prosecuting Authority (NPA) will attend the launch.   This comes as a result of a joint effort between the department and the Lower Courts Management Committee, a forum comprising of all Regional Courts Presidents and Chief Magistrates in South Africa, said the department.  

Domestic violence, whether physical, psychological or economic, violates the fundamental human rights such as the right to dignity, life, freedom and security. The department estimates that one out of every four South African women are survivors of domestic violence. According to People Opposing Women Abuse (POWA), in Gauteng alone, one in every six women who dies in the province was killed by an intimate partner.  The Institute of Security Studies conducted a research project in 1999, and they found that 90 percent of the women interviewed had experienced emotional abuse. 

Ninety percent had also experienced physical abuse such as being pushed or shoved and being slapped or hit.  A further 71 percent had experienced sexual abuse, which not only includes forced sexual intercourse, but attempts to kiss or touch too.  The report found that 58 percent of the women experienced economic abuse with most reporting that money had been taken without their consent. Of the group which were surveyed, 42.5 percent of women had experienced all forms of abuse and 60 percent of all cases of abuse were committed by partners, lovers or spouses. 

Bathandwa Mbola,  www.buanews.gov.za