STUDY UNIT 4.2 LAW AND POLICIES
SUPPORTING VICTIMS’ RIGHTS IN SOUTH
AFRICA
Learning Outcomes
1. Give a detailed exposition of the Domestic Violence Act 116 of 1998
and discuss the problems in implementing this Act.
2. Provide an overview of The Protection from Harassment Act 17 of
2011.
DOMESTIC VIOLENCE ACT 116 OF 1998
Came into force in December 1998.
Previously domestic violence was viewed as something that happens in the
privacy of your home and was considered to be a private matter that no one
discloses.
o Police responses reinforced this view.
Marital rape is often viewed as a reality only in legislation.
o “You can have scars on your face, bleeding and the police will send you
home and tell you to sort it out. Rape by your husband is only real in the
law.”
A domestic relationship: A relationship between a complainant and a
respondent in any of the following ways:
o People who are married to each other (Whether they live together or not)
o Same-sex partners.
o Any person who is or was in an engagement, dating or customary
relationship, including an actual or perceived romantic relationship.
o Intimate or sexual relationships of any duration.
o Parents of a child.
o People who share or recently shared the same residence.
Domestic violence includes any of the following acts:
o Physical abuse.
o Sexual abuse.
o Emotional, verbal and psychological abuse.
o Intimidation.
SUPPORTING VICTIMS’ RIGHTS IN SOUTH
AFRICA
Learning Outcomes
1. Give a detailed exposition of the Domestic Violence Act 116 of 1998
and discuss the problems in implementing this Act.
2. Provide an overview of The Protection from Harassment Act 17 of
2011.
DOMESTIC VIOLENCE ACT 116 OF 1998
Came into force in December 1998.
Previously domestic violence was viewed as something that happens in the
privacy of your home and was considered to be a private matter that no one
discloses.
o Police responses reinforced this view.
Marital rape is often viewed as a reality only in legislation.
o “You can have scars on your face, bleeding and the police will send you
home and tell you to sort it out. Rape by your husband is only real in the
law.”
A domestic relationship: A relationship between a complainant and a
respondent in any of the following ways:
o People who are married to each other (Whether they live together or not)
o Same-sex partners.
o Any person who is or was in an engagement, dating or customary
relationship, including an actual or perceived romantic relationship.
o Intimate or sexual relationships of any duration.
o Parents of a child.
o People who share or recently shared the same residence.
Domestic violence includes any of the following acts:
o Physical abuse.
o Sexual abuse.
o Emotional, verbal and psychological abuse.
o Intimidation.
