The new legislation signed into law by President Cyril Ramaphosa and aimed at strengthening efforts to end gender-based violence with a survivor-centred focusing on combating the pandemic, will act as a strong deterrent to perpetrators of gender-based violence. Yet the implementation of these laws, especially by police, will be vital, while the laws do not address the culture of violence against women, by predominantly men, said Bronwyn Pithey, advocate of the Women’s Legal Centre.
The President has assented to the Criminal Law (sexual offences and related matters) Amendment Bill, the Criminal and Related Matters Amendment Bill and the Domestic Violence Amendment Bill.
The legislation is a deliverable from the National Strategic Plan of gender-based violence and femicide, which was called for at the November 2018 Presidential Summit against gender-based violence and femicide.
Tina Thiart, trustee of the 1000 Women Trust, also welcomed the three new gender-based violence laws.
Thiart said with the three new bills, government hopes to tackle three key issues: the process of applying for a protection order, the lack of accountability and adequate punitive measures for the offender, and finally, the police not taking harassment claims seriously.
Pithey said a new provision of the act is to expand the definition of domestic violence and add a few acts or types of conduct that would constitute domestic violence.
The Domestic Violence Amendment Bill includes new definitions such as controlling and coercive behaviour, expands existing definitions such as domestic violence to include spiritual abuse, elder abuse, coercive behaviour, controlling behaviour as well as threatening behaviour which can entitle a woman abused to get a protection order because of a once-off threat.
If a person is aware of domestic violence perpetrated against a child, older person or person with disability, there is an obligation on government, functionaries, medical practitioners, health sector and care givers to report it to a social worker or the police.
According to the Domestic Violence Amendment Bill there is also an amendment on the application process. Now the court order application can be made on-line, where previously a women had to go to court to make an application. An electronic application can be done 24 hours a day by an intermediary on behalf of a complainant. It is a good development, because sometimes a survivor of gender-based violence can be in so much danger that she is not able to move.
(A complainant can give evidence through an intermediary and provides for evidence to be given through audio-visual links in proceedings other than criminal proceedings.)
According to the Domestic Violence Amendment Bill there is also the introduction of a domestic violence safety monitoring notice which requires the police to check up on a complainant whose life might be endangered. It will provide more protection to the complainant.
Survivors will be better served by the introduction of the integrated electronic repository. The repository will provide a centralised system for storing and retrieving domestic violence protection order application. A complainant won’t be turned away if she lost the copy of their paper-based protection order but lives in another magisterial district.
Two aspects of the Criminal Law (sexual offences and related matters) Amendment Bill were amended. There is an addition of an offense of sexual intimidation that did not exist prior to the new amended law. Threats of sexual offense is now recognised as unlawful. If somebody threats the complainant or her family with imminent harm that is an offense.
There is also a change to the register of sexual offenders. Previously if an offender was convicted of an offense against a child or somebody with a mental disability, his name was placed on a register of sexual offenders and he was prohibited from working with children.
The scope of the national register for sex offenders has been expanded to include the particulars of all sex offenders and not only sex offenders against children and persons who are disabled.
The list of persons who are to be protected will include other vulnerable persons, namely, women under 25, persons with physical, mental or intellectual disabilities and person over 60 years of age, who, for example, receive community-based care and support services.
“So If I want to employ somebody as a teacher, I need to apply to the national register and get a certificate that confirms that that person is not on the register,” said Pithey.
The Criminal and Related Matters Amendment Bill recognizes that certain offenses need closer scrutiny. If somebody was arrested for a less serious offense he can be released on police or prosecutor bail and a warning and can come to court within 72 hours.
But according to the amendment, if the offense is related to domestic violence, then the police and prosecutor bail cannot be utilized. “If a person is accused of an offense that amounts to domestic violence, they won’t be entitled to police and prosecutor bail,” said Pithey.
Those accused of gender-based violence can only be granted bail under exceptional circumstances.
If these circumstances were accepted, the court must consider whether the survivor agree with the decision.
The prosecutor have the strict duty to provide whether the accused already has a protection order against them, which did not need to happen before this bill was introduced.
Pithey said the acts will serve as a deterrent to gender-based violence offenders, but ultimately, the implementation and enforcement of the laws are yet to be seen.
She added, that these laws do not address the culture of violence against women in South Africa by predominantly men.
Thiart said the Trust aims to raise awareness around gender-based violence, rape and abuse and mobilise resources. This enables the Trust to support, raise awareness, and furnish opportunities for survivors of gender-based violence. 1000 Women Trust empower, inspire, educate, lobby and equip women.
Women who are suffering from any form of gender-based violence, and seek assistance, can contact the national DSD’s gender-based violence command centre on 0800 428 428.
Or they can utilize the Please Call me service on *120*7867#.
They can also SMS “Help” to 31351. Another option is to search Helpme GBV on Skype.
Women who want to contact 1000 Women Trust, can visit the website on www.1000women.co.za , or contact Tina Thiart, trustee of the Trust, on whatsapp on 073-2079079.
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Info@1000women.co.za
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The 1000 Women Trust
Registered Trust South Africa (IT738/2014)
NPO REGISTRATION NO: 163-132 NPO
PBO NO: 930 051 359
© Copyright 2023| All Rights Reserved. Designed by Ludet Digital for The 1000 Women Trust