REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
domestic violence. In S v Ferreira345 the Supreme Court of Appeal acknowledged the grim
complexities of abused women’s choices and grappled with how this needed to be incorporated
into legal decision-making. The Court reduced the sentence of the accused who had hired killers
to murder her domestic partner after enduring years of abuse from the partner. In S v Baloyi346
the Constitutional Court declined to declare unconstitutional the reverse onus of proving absence
of guilt on a person charged with breach of a family violence interdict.
121.
In 2008, government developed and launched a set of guidelines for handling domestic violence
cases called the Guidelines for the Implementation of the Domestic Violence Act for Magistrates.
The compilation of these guidelines was undertaken by the Family and Gender Service Delivery
Task Team, a sub-committee of the Lower Court Management Committee (LCMC). The LCMC is a
forum comprising of all Regional Court Presidents and Chief Magistrates in South Africa.The
guidelines have been circulated widely. In 2009, a review of the implementation of the Domestic
Violence Act, 1998347 was finalised.
122.
Government, in conjunction with the National Prosecuting Authority (NPA), has also been running
the Ndabezitha348 Project, which seeks to train traditional leaders and court clerks on domestic
violence matters in rural areas. The Government has also been running awareness campaigns
(through the media, booklets, pamphlets, etc) aimed at sensitising the public on domestic violence
services. The SAPS has also been conducting public education campaigns, with a focus on domestic
violence, under its Social Crime Prevention Programme.
123.
Early in November 2013, forms prescribed by Regulations for the Domestic Violence Act have been
translated into all 11 official languages, and distributed to all lower courts in the country. This is
to ensure greater language accessibility, less dependency of applicants on the court staff, and
ultimately less queues in courts.
124.
Electronic forms and systems have been developed and approved to be piloted at two
Magistrates’ Courts after which they will be rolled out to all Magistrates’ Courts’ service points in
order to improve handling of domestic violence cases. Government is also in the process of
developing a booklet called “No More Violence” which is aimed at teaching the role-players at
service points, as well as victims, how to manage and improve in alleviating domestic violence
matters and the impact of such crimes.
125.
As part of commemorating the 16 Days of Activism for No Violence against Women and Children,
a Domestic Violence Safety Plan booklet was launched in November 2013 as part of government’s
endeavours to empower victims of violence. The Safety Plan is a ground-breaking preventative
initiative which seeks to assist victims to enhance their safety and that of their families against
domestic violence. It is also aimed at encouraging victims to plan for their safety whilst leaving an
abusive relationship.
345
(2004) ZASCA 29
2000 (2) SA 425 CC
347
Act No. 116 of 1998
348
Ndabezitha means “Your Highness”- a term used when Zulu and other Nguni tribes want to acknowledge
respect to an Nguni royal
346
171
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