Media Statement

xx September 2021

For immediate release

New Domestic Violence Act promises heightened protection for victims

Cape Town, xx September 2021 —The amended Domestic Violence Act, signed into law by President Ramaphosa (day to be inserted) is set to afford victims strengthened protection from domestic violence.

This is according to Kerryn Rehse, Advocacy, Policy and Research Officer at MOSAIC Training, Service & Healing Centre, a non-governmental organisation (NGO) that helps empower women and girl survivors of domestic violence and abuse. "The changes coming into effect through the new Act usher in a strengthened protection order system that removes some of the earlier administrative hurdles and gaps that made it difficult for victims to access protection and justice from the system."

Electronic protection orders' application

One of the significant changes to the Act is the introduction of electronic applications of protection orders. Applications can now be sent electronically to the relevant court for consideration without the applicant needing to leave home, which is sometimes not an option. The applications can be submitted on a 24-hour basis, meaning they can be prepared and lodged with the court for consideration outside normal court hours. If there are grounds, the magistrate will grant the interim protection order without the applicant presenting at the court.

"The new process does not require applicants to take a day off work to be at the court to submit the application, which will be a relief to many, especially shift workers and those who live in areas far away from courts, such as rural areas. They can now be assisted by NGOs such as MOSAIC to complete applications and only attend court on their return dates. Ultimately, this simplified process increases access to justice in a way that has not been seen in South Africa before," says Rehse.

Safety monitoring notices

The Act now contains a provision for the safety monitoring notice, an order made by the court on the relevant SAPS station to monitor the safety of the protection order applicant who shares a residence with the respondent or their abuser. The notice compels SAPS to "check-in" with the applicant through electronic channels and visits to the home or joint residence to assess the applicant's safety. "The safety monitor notice and subsequent SAPS monitoring are preventative measures aimed at reducing instances of violence escalation and femicide, where there are reasonable grounds to suspect that the abuser poses a threat to the applicant 's safety," says Rehse.

The Act further makes provision for SAPS to use necessary force to gain access to the victim, where the abuser or another person denies access.

Integrated electronic repository for protection orders

Victims will now also be better served by the integrated electronic repository for domestic violence protection orders. If used as outlined in the Act, the NGO says the electronic repository will provide a centralised system for storing and retrieving domestic violence protection order applications and ordered issues - something that civil society has been advocating for many years.

"There will no longer be a need to turn away a complainant who lost the copy of their paper-based protection order but lives in another magisterial district or to send them to go to the court of application to obtain a new copy," says Rehse.

Extended interim protection orders and return dates

Recognising that complainants can be kept away from attending court in the hope that the matter will be struck off the roll or set aside, the Act now compels the court to extend the interim order in the case that a respondent appears on the return date, but the complainant does not attend. The court must also extend the return date, and the clerk of the court must notify the complainant in the prescribed form and manner of the extended return date.

MOSAIC, which contributed to the amendment process of the Act, says South Africa has a hope of making strides against domestic violence and GBV when there is the kind of alignment between civil society activism and lobbying along with political will and leadership demonstrated in this legislative process. "This process, which was just under 18 months from start to finish, was very expeditious in law-making terms.  This Act comes to pass as a result of great collaboration between political parties serving on the Justice Portfolio Committee, civil society organisations working together with government officials and the receptiveness of government officials and legislation drafters to input," says Rehse.

ENDS

Notes to editors

About MOSAIC

MOSAIC is a community-based non-governmental organisation (NGO) that works to prevent and reduce abuse and domestic violence. This is achieved by providing holistic, integrated services when incidents      occur, and supporting clients through the process of healing and rebuilding their lives after a traumatic event.

MOSAIC creates an enabling environment through our holistic and integrated five-pillar service model

• Access to justice – psychosocial and legal support provided by court support workers, and psychosocial support from MOSAIC's Sexual Violence Counsellors at Thuthuzela Care Centres
• Support and Healing – Counselling Services, Support Groups and Sexual and Reproductive Health Rights;
• Engaging Men and Boys- Training and Workshops, Support Groups and Counselling for Men
• Empower- Education and Skills Training, Rights Training, Youth GBV Life Skills and Community Dialogues
• Advocacy and Policy- Advancing rights of women and girls by providing evidence from our services to change the system.

The organisation was established in 1993 in response to high levels of violence against women in South Africa, particularly in the form of domestic violence, and in recognition of the silence that many women suffer in unnecessarily, due to either a lack of knowledge of their rights, a lack of confidence to access justice for themselves, or both. MOSAIC's registered head office is in Cape Town, South Africa.

For further information about MOSAIC, please visit www.mosaic.org.za