Domestic Violence Act is progressive, but cops don’t know how to apply it – expert

South Africa has a progressive Domestic Violence Act, but a criminal justice system that is unable to effectively implement it, Institute for Security Studies senior researcher Andrew Faull says.

Faull was reacting to this week’s speech by President Cyril Ramaphosa in which he announced level 3 regulations would be relaxed to reopen some industries, also devoting much of his message to gender-based violence (GBV).

Ramaphosa said legislative amendments were being prepared around minimum sentencing in cases of GBV, bail conditions for suspects and greater protection for female victims of intimate partner violence.

“I urge our lawmakers in parliament to process them without delay. Our courts have been firm in dealing with cases of gender-based violence even during the lockdown, handing down life sentences and multiple life sentences to perpetrators.

“I want to assure the women and children of South Africa that our criminal justice system will remain focused on gender-based violence cases and that we can expect more arrests and more prosecutions against perpetrators.

“The perpetrators of violence against women and children must receive sentences that fit the horrific crimes they commit.”

Faull said the Domestic Violence Act was “not implemented the way it should” be because, in most cases, police did not know how to activate and apply it.

“I do not think sentencing will have an impact because SA already has some of the harshest minimum sentences in the world.

“With a number of people serving life sentences in the country, long sentences have not resulted in any decline in gender-based violence. There is also no legal basis for denying people bail unless they are a flight risk.

“Where the criminal justice system can play its part is by taking gender-based violence seriously. This does not mean being extra punitive, but responding quickly and with empathy, according to the law.”

What Faull saw as “the lowest hanging fruit” to address domestic and gender-based violence was tightening regulations on the sale of alcohol.

“On alcohol, the president said something quite important, but he did not come across with concrete detail. There is anecdotal data suggesting a link between alcohol abuse, accidents and violence. If we see a surge in domestic violence now, there is need to pause and think how to better regulate alcohol use.

“During level 4, we saw a huge decline in trauma intake at hospitals and a drop in murder. If we can cut violent abuse by 25% and … stop illegal sale of alcohol, that would be a way to go.”

Mandisa Khanyile, of The Call For Action Civil Society Collective, said: “Prevention of GBV is the most important intervention that we, as a society, can make to save the lives of women.

“This means making sure we dismantle patriarchy.”

– brians@ citizen.co.za

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