This essay will critically discuss and give a close analysis of the statement 'the state and society, and, if necessary, courts must deal effectively with the scourge of domestic violence' and the judgment that was held by the court on S v Ferreira 20004. It will give a broad definition of domestic violence. Further discuss and elaborate on how the government has responded to domestic violence, international and national legislation in place with domestic violence, as it has become one of the most serious social issues. Domestic violence is a serious global issue, most harmful to families, children but most to women as they are usually the victims of violence in most cases.
ii. What is domestic violence
Domestic violence is any form of abuse either physical; emotional; sexual; verbal and psychological abuse or economic, intimidation, harassment, stalking, damage of property, and entry into the complainant's residence without consent, where parties do not share the same residence. Domestic violence also can be any other controlling and abusive behavior towards a complainant. Generally, domestic violence is any form of violence or aggression within the home, usually, it is violence or abuse towards a spouse or children either physical: slapping, punching, or throwing at someone or even stalking a person can be regarded as physical abuse. Threatening, humiliation, and coercive tactics are types of emotional abuse, even withholding your spouse access to money is also regarded as patrimonial abuse, and forcing your spouse or partner into sexual intimidation is referred to as rape or sexual abuse. All the above-mentioned types of abuse are referred to as domestic violence. Since its imminent harm to the safe, healthy, and well-being of others.
According to the case of S v Ferreira 2004, the first appellant in her twenties married and had four children. Her husband abused her physically and emotionally Twenties was abused by her husband. Afterward, she was in an abusive relationship with Mr. Parkman (deceased) who coerced and intimidated her to control her emotionally, physically, and economically, the deceased repeatedly raped the complainant, beating and threatening to kill her. The first appellant has been the victim of domestic violence, and it is an enduring social issue.
iii. Government Response to Domestic Violence
South African government in line with non-profit organizations has been responsive towards women abuse issues and domestic violence, however, there are still barriers that affect the implementation of policies preventing domestic violence. The government has responded to domestic violence by implementing policies and regulations such as the Domestic Violence Act 116 of 1998, the Prevention of Family Violence Act 135 of 1993, and the Protection from Harassment Act 17 of 2011.
There are also government and non-government organization which seeks to help prevent and heal post-domestic violence victim, organizations such as Childline South Africa, a non-profit organization that seeks to help victims and complainant of domestic violence with free therapy counseling and offers legal and medical advice to victims. This organization deals mostly with children from abusive families. Families South Africa seeks to help victims who have suffered domestic violence, and trauma caused by violence, victims who divorce after suffering domestic violence, and victims who seek medical attention after the violence or abuse, this organization also educates victims on how to prevent family violence. Tears Foundations provides access to crisis intervention, advocacy, counseling, and prevention education for those affected by domestic violence.
However, some measures of the implementation strategy of the Domestic Violence Act have been lacking due to funding barriers. The majority of women have been complaining that they are not fully informed about their rights, there are cases that have been reported but still, the perpetrators are out on the streets free. Referring to the case of S v Ferreira 2004 ' The appellant called for police assistance on three occasions. Only once did they arrive. They said the deceased was drunk and that the appellant should get him to sober up. According to Domestic Violence Act 116 of 1998, polices are obliged that when there is domestic violence incident reported, police must arrange for the complainant to a suitable shelter if the complainant's home isn't safe anymore and to obtain medical treatment if needed. SAPS members must also explain to the complainant the consent of such circumstances in a prescribed manner, including remedies to disposal in terms of DVA and their right to lodge a criminal complaint.
Omar v government of the Republic of South Africa and others, according to this case the applicant unsuccessfully applied to implement Section 8 of the domestic violence act, after several protection orders were issued to him prior to his appearance at the High Magistrate Court, the protection order was prohibiting the applicant from threatening, harassing, and assaulting the third responded and children. By looking at this case the domestic violence act serves an important legal and social purpose in addressing and preventing domestic violence.
iv. International and national legislation
Domestic violence is a multi-faceted, complex, and devastating issue mostly to women and children. Thus, it demands government attention and appropriate legislation to confront it. Legislation that is punitive, protective, and preventing ensures that victims are protected and receive medical and therapeutic attention as the majority of victims usually suffer from post-traumatic stress disorder. Domestic violence has been ranked as a serious global problem, around the globe different have implemented some legislation in line with domestic violence hoping it will decrease cases of violence.
South African Government has imposed Domestic Violence Act 116 of 1998, its main purpose was to develop hostile law enforcement and to afford the victims of domestic violence the maximum protection from the abuse. To provide the issuing of protection orders as the Act has created an obligation on law enforcement bodies such as SAPS to protect victims as much as possible.
Ghana has imposed legislation and policy to prevent and fight domestic violence, Domestic Violence Act 735 commenced on 21 February 2007. This Act aims to protect women and children against domestic violence and family violence, it provides a working definition of domestic violence and gives a framework for preventing violence. Ghana domestic violence act prohibits domestic violence in section 3 of the act ' a person in a domestic relationship shall not engage in domestic violence'. The act also aims to protect domestic violence victims by obliging police officers to respond to a request by a person for assistance from domestic violence and shall offer protection that the circumstances require.
Prevention of Family Violence Act 135 of 1993, this act aims to grant interdict to family violence and educate people to report family violence and ill-treatment of children, wives, or any form of violence amongst the family. ' Not to assault or threaten the applicant or child living with either party '. This Act was imposed in South Africa in 1993 in line with domestic violence, it is raising awareness of family violence and changing norms of domestic violence to families.
Protection from harassment acts 17 of 2011. This act aims to educate people on the matter of issuing protection orders against harassment and violence and to provide for matters connected with harassment and violence. This action commenced on 05 December 2011 according to this act harassment means direct or indirect engaging in conduct that the respondent knows to cause harm or inspires the reasonable belief that harm may be caused to the complainant.