DA in final stages of completing private member’s bill to fight domestic abuse

15 June 2020

The Democratic Alliance (DA) is in its final stages of completing its private member’s bill (PMB) which will be tabled before Parliament soon.

If passed, this bill will replace the current Domestic Violence Act and the Protection from Harassment Act with legislation better suited to protect victims of inter-personal and domestic abuse.

There's been a new wave of essential discussions around abuse of and violence against women in South Africa. Women in this country are dying at an alarming rate at the hands of partners, family and friends.

Campaign after campaign has been launched to try and stem the tide of horrible abuse and femicide that women in South Africa face every day with very little impact.

Just this past two weeks, we have seen the horrible murders of Tshegofatso Pule, Naledi Phangindawo and Altecia Kortjie and her daughter, Raynecia. They are sadly not the only ones.

The only true way to derail this runaway train is to empower victims of abuse with powerful legislation that strengthens the powers granted to courts and the South African Police Service (SAPS) to protect the rights of vulnerable people in the places they should have felt most safe – their homes.

The DA’s PMB will focus on nine key proposals:

Changing the terminology that is used in the legislation to make it more inclusive – for example changing “domestic violence” to “domestic abuse.” Not all abuse is physically violent and leave marks; and changing the language ensures that those subject to emotional abuse will have the same level of protection.

Drafting the bill in non-legal English to ensure that it’s widely accessible and that victims of abuse know and understand their rights and are empowered with the correct processes to follow to obtain protection without needing to pay legal fees.

Providing a single, defined process of applying for and obtaining an order from the courts protecting against various forms of inter-personal and domestic abuse, that may include acts of bullying or stalking.

Speedy service and enforcement of protection orders through alternative means to avoid lengthy delays often resulting from backlogs and lack of capacity at SAPS stations to ensure that victims are immediately protected after a protection order is issued.

Directing the Minister of Justice and Correctional Services to issue Rules to guide due process in court to eliminate inconsistent application across different courts and provinces, and between different presiding officers.

Ensuring the proper training of court staff dealing with matters of domestic and inter-personal abuse, and that experienced, and legally trained court officials are available to assist parties in cases to ensure that nobody’s rights are unduly infringed on.

Placing a duty on all legal practitioners to act as a point of first contact for a victim of abuse by advising them on their basic rights and remedies without charging for this consultation.

Creating a central online register of domestic violence court orders and applications to ensure that a court in one city or town can easily access an order granted by a court in a different city or town.

Ensuring that cases of domestic and interpersonal abuse is treated with the concern it deserves by creating specific offences with serious consequences for those who fail to assist victims in accordance with the duties placed on them by the Act, such as police officers or court officials.

The time to pay lip service to victims of domestic and inter-personal abuse is over. Urgent and meaningful action is needed to root out this evil in our society once and for all. Legislative amendments and the enforcement thereof will in itself not solve this problem and as a Party we are also working on social and economic policy proposals to address the scourge of gender-based violence in South Africa.

The DA sends its condolences to the families and loved ones of Tshegofatso Pule, Naledi Phangindawo, Altecia and Raynecia Kortjie, and all the countless women and children who lost their lives.

Issued by Werner Horn, Shadow Deputy Minister of Justice and Correctional Services, 15 June 2020