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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