Student number:
ASS4
1. Domestic violence is the most common and widespread human rights abuse in South
Africa. Research undertaken by the medical research council found that in South Africa. A
woman is more likely to be killed daily in South Africa , three of those are by their intimate
partner than a stranger. Furthermore, the study found that of four women killed daily in South
Africa three of them are by their intimate partners ,failure of victims to report the crime is a
major concern and can be ascribed amongst others to the lack of confidence in the police as
well as legal system .the implementation of new laws is not enough to stop intimate partner
violence unless the key players address the issues.
Implications for the police : The police serve as the first port to call for victims seeking
recourse from the abuse.chapter 11 of the constitution of the Republic of South Africa
stipulates that the SAPS has amongst others, a responsibility to create a safe and secure
environment for all South Africans and are duty bound to protect the rights of women as
entrenched in section 11 and 12 of the bill of rights .these duties are further entrenched in the
domestic violence Act 116 of 1998 which makes it a legal duty for the SAPS to assists
victims of domestic violence. Victims right should be at the core of the service and urgent
attention need to be paid to the hiring and recrisiting of officers to assess their perspective on
Ipv , training programmes need to be implemented to improve the officers understanding of
IPV .furthermore a recent study found that the Saps understaffed by about 1000.00 and this
promotes stress and anxiety which impacts on the manner in which they interact with
victims .victim support centers need to be fully functional and resourced .police stations need
to have clear ,coherent and well defined strategies to tackle Ipv .these need to be monitored
and harsher sanctions for misconduct and non - compliance implemented. The effectiveness
of awareness campaigns need to be ascertained and the saps should develop a internal course
of action to educate and sensitise their officers .police officers need to be aware of their own
prejudices and to address them in order to approach victims from a more caring and
empathetic perpective, more should be done to educate the community on the role of the Saps
, a complete culture change is required in order to restore confidence in the stuff.
Implications for the courts: Various laws have passed to address the issues of domestic
violence.the most comprehensive being the domestic violence Act 116 of 1998 ,
however ,twenty years later not much has changed and this can be attributed to the ignorance
by court officials regarding the contents of the legislation. The first line of defence for a
victim is the awarding of a protection order against the perpetrator. Protection orders need to
be issued expediently and victims made aware that a warrant of arrest will be in play should
the protection order be violated as accessing justice can be an enormous challenge for victims
due to limited resources, Etc as well as specially trained staff will go a long way in crating a
culture of justice for victims. Awareness need to be created among law personnel that
physical and sexual abuse by intimate parties are crimes and it is their duty to enforce
punishment .Regulations and protocols need to be enforced in the application of the laws and
training programmes implemented for justice system personnel. Communication channels
between the police and the courts should be strengthened. The awarding of ball should be
reviewed to deter further abuse campaigns should be implemented to create awareness of the
workings of the criminal justice system and to alleviate the trauma associated with it.
ASS4
1. Domestic violence is the most common and widespread human rights abuse in South
Africa. Research undertaken by the medical research council found that in South Africa. A
woman is more likely to be killed daily in South Africa , three of those are by their intimate
partner than a stranger. Furthermore, the study found that of four women killed daily in South
Africa three of them are by their intimate partners ,failure of victims to report the crime is a
major concern and can be ascribed amongst others to the lack of confidence in the police as
well as legal system .the implementation of new laws is not enough to stop intimate partner
violence unless the key players address the issues.
Implications for the police : The police serve as the first port to call for victims seeking
recourse from the abuse.chapter 11 of the constitution of the Republic of South Africa
stipulates that the SAPS has amongst others, a responsibility to create a safe and secure
environment for all South Africans and are duty bound to protect the rights of women as
entrenched in section 11 and 12 of the bill of rights .these duties are further entrenched in the
domestic violence Act 116 of 1998 which makes it a legal duty for the SAPS to assists
victims of domestic violence. Victims right should be at the core of the service and urgent
attention need to be paid to the hiring and recrisiting of officers to assess their perspective on
Ipv , training programmes need to be implemented to improve the officers understanding of
IPV .furthermore a recent study found that the Saps understaffed by about 1000.00 and this
promotes stress and anxiety which impacts on the manner in which they interact with
victims .victim support centers need to be fully functional and resourced .police stations need
to have clear ,coherent and well defined strategies to tackle Ipv .these need to be monitored
and harsher sanctions for misconduct and non - compliance implemented. The effectiveness
of awareness campaigns need to be ascertained and the saps should develop a internal course
of action to educate and sensitise their officers .police officers need to be aware of their own
prejudices and to address them in order to approach victims from a more caring and
empathetic perpective, more should be done to educate the community on the role of the Saps
, a complete culture change is required in order to restore confidence in the stuff.
Implications for the courts: Various laws have passed to address the issues of domestic
violence.the most comprehensive being the domestic violence Act 116 of 1998 ,
however ,twenty years later not much has changed and this can be attributed to the ignorance
by court officials regarding the contents of the legislation. The first line of defence for a
victim is the awarding of a protection order against the perpetrator. Protection orders need to
be issued expediently and victims made aware that a warrant of arrest will be in play should
the protection order be violated as accessing justice can be an enormous challenge for victims
due to limited resources, Etc as well as specially trained staff will go a long way in crating a
culture of justice for victims. Awareness need to be created among law personnel that
physical and sexual abuse by intimate parties are crimes and it is their duty to enforce
punishment .Regulations and protocols need to be enforced in the application of the laws and
training programmes implemented for justice system personnel. Communication channels
between the police and the courts should be strengthened. The awarding of ball should be
reviewed to deter further abuse campaigns should be implemented to create awareness of the
workings of the criminal justice system and to alleviate the trauma associated with it.
