Shivering, she sits on a court bench staring at the ground. Looking up she suddenly notices the man who physically, mentally, and economically abused her for years, sitting right across from her.
After many years of pain and abuse, she finally mustered the courage to leave and report him. This is meant to be her day in court, but she knows that one glance from him may shatter all her bravery. Just his eyes alone hold enough power to convince her to drop the case.
Unfortunately, this is the reality for many women – and even men – who are victims of domestic as well as gender-based violence. But a handful of brave souls recently stepped up to the plate to change this narrative and give victims the safe space they need to be able to face their abusers in court.
Following a petition that was drawn up by councillor Shenan Cochrane in 2022, hundreds of women signed to get separate waiting areas for victims of domestic as well as gender-based violence and their abusers at the Krugersdorp Magistrate’s Court. A year later, Cochrane met Mashudu Neluheni from the court and mentioned the petition to her. She in turn went back and told Magistrate Abdul Kahn and court manager Thembi Mazibuko about the petition.
Cochrane explained that during site visits, she noticed how many women were being intimidated to drop their cases by the very men who abused them. Precious Ngobeni from Muldersdrift, a survivor of horrific abuse, told the Krugersdorp News in 2022 how she was intimidated to drop cases against her abuser.
During a recent visit to the court, Mazibuko told Cochrane and Neluheni that the court is there to assist the community. Cochrane further explained that domestic violence is horrific in rural areas but that this type of crime is not limited to race, gender or religion. She went on to say that ‘trauma bonding’ and intimidation can be two of the factors that make women decide to drop a case. For her, splitting them was the easiest and most effective way to prevent women from being intimidated to drop these cases.
While Kahn explained that when a woman drops a case and later returns to court with the same complaint, the court could be weary to hear it. He is very passionate about the project and said that they will implement it immediately. He however raised the question of whether merely separating the victim from the abuse is enough and suggested the two areas be separated by partitioning.
Cochrane explained how the new waiting area will look. When coming to court, the victims can go to a waiting area which will be a separate area from where their abusers will wait. It will be separated with drywall. This will also cordon off the door to the family court and the abusers will not be allowed to enter the court until it is their time. This drywall will also provide privacy for the women when they want to apply for protection orders.
Because the court’s maintenance falls under Mogale City’s Public Works, they do not have the budget to do install the partitioning. Enter Corinda Loots, owner of BCI Security and the 3@1 print shop in Cradlestone Mall. The kindhearted business owner has, for example, offered to do the signage for the separate areas while BCI Security donated the partitioning and even added a small children’s area.
The court will also ensure that security guards check in on these areas regularly to ensure victims are and feel safe. The idea is to expand on the children’s area and Kahn wants to see if they can provide counselling to these women as well in the future.
Mazibuko said they want to help these victims and take a stand against these crimes. Soon there will also be new amendments to the domestic violence and gender-based violence acts and the court is also launching a programme where you can do online protection orders.
The team wants to challenge other magistrate courts in South Africa to follow suit and help create a safe space for abused women to get their day in court.
