Domestic violence: the real plight of experiences of abused women

EVERY day in South Africa, there are a significant number of women who are subjected to violence and abuse in their own homes.

The Department of Justice and Constitutional Development’s Annual Report states that 209 920 matters were reported for the financial year of 2017/18, a worrying statistic.

However, despite this high number, there are many victims who are still too afraid to speak out about their abuse, and so a vast number of women are still suffering, silently and alone.

The recent video of Mandla “Mampintsha” Maphumulo allegedly assaulting his partner, Bongekile Simelane, otherwise known as “Babes Wudoma”, has once again brought to light the prevalence and seriousness of domestic violence in South Africa, as well as the stigma that is often attached to it.

The alleged assault on Babes further highlights that both complainants and perpetrators of domestic violence spans race, class, gender, marital status, sexual orientation, age or identity, in our society.

The seriousness of domestic violence can be found in its effects, which goes beyond physical wounds. It creates emotional scars, psychological disturbances and health issues in complainants.

We can no longer be desensitised to an issue as serious as domestic violence simply due to how regularly it occurs.

While the Domestic Violence Act 116 of 1998 (DVA) exists, a piece of legislation, which on paper, sufficiently protects women, we must question why the implementation of this legislation is failing to protect women, and why domestic violence remains largely prevalent and poorly responded to.

There remains a significant number of women who fail to use the justice system due to stigma and misinformation/lack of belief in the justice system in relation to reporting domestic violence and abuse.

A lot of women fear retaliation by their partners, which could include further abuse, legal counter applications of abuse, and assault charges. This results in women being subjected to further trauma.

Under the DVA, protection orders are one way of a woman protecting herself – they are orders which a complainant of domestic violence can apply for in order to prevent their

abuser from harming them, or otherwise risk being arrested.

Protection orders can be applied for at any court during court hours, but in emergency situations, after hour applications can be applied for. Each police station must have details of the after-hours court officials, as each court must have an after-hours duty manager, clerk and magistrate on call.

At court, the complainant will be required to complete an application form, and although it will be helpful to take with your identity documents, supporting documents, such as medical reports, photographs of the injuries, it is not a requirement for the application.

The application process does not require the services of a lawyer. However, one can be obtained at own cost from Legal Aid South Africa, or a law clinic, which will be free of charge.

Complainants may take a friend or family member with to court for support, and the clerk of the court will assist the person in filling out the necessary forms and will take them before a magistrate who will hear the application.

The magistrate will decide if an interim order should be granted in the meantime, until both parties appear before the court, which is called the return day. It is important that the complainant does not miss the return date, as the interim protection will lapse and the order will not be made final.

An interim protection order will only come into effect once it has been served on the abuser by a court official, the Sheriff or by the SAPS. If the complainant cannot afford the Sheriff’s service cost, they will have to inform the clerk, who will ensure that it gets served on the abuser.

In domestic violence and abusive situations, women often fear for their life, especially as the abuse may include dangerous weapons. The court may make an order which allows the police to confiscate the dangerous weapon and the court may also order that the abuser not to enter the home or shared residence or workplace of the victim.

It is, however, important to inform the court of the presence of any dangerous weapons and that you fear for your life. In addition, the court may make the following orders to stop the abuser from committing further abuse:

Committing an act of domestic violence.

Enlisting the help of another person to commit any such act.

Entering a residence shared by the complainant and the respondent.

Entering a specified part of such a shared residence.

Entering the complainant’s residence.

Entering the complainant’s place of employment.

Preventing the complainant who ordinarily lives or lived in a shared residence from entering or remaining in the shared residence, or a specified part of the shared residence.

Committing any other act as specified in the protection order.

It is important that we break silence on domestic violence and provide support to victims of violence which will empower them to access the courts for protection.