sexual health and human rights in the african region - The ICHRP

psychological abuse; economic abuse; intimidation; harassment; stalking;
damage to property; entry into the complainant’s residence without consent,
where the parties do not share the same residence; or any other controlling or
abusive behaviour towards a complainant, where such conduct harms, or may
cause imminent harm to, the safety, health or wellbeing of the complainant. 648
[71] The parties against whom a complainant is protected are widely defined under
South African law. The complainant is protected from domestic violence that is
perpetrated by a person with whom they are in a ‘domestic relationship’.
According to the Domestic Violence Act, a domestic relationship means a
relationship between a complainant and a respondent in any of the following
ways:
• they are or were married to each other, including marriage according to any law, custom
or religion;
• they (whether they are of the same or of the opposite sex) live or lived together in a
relationship in the nature of marriage, although they are not, or were not, married to
each other, or are not able to be married to each other;
• they are the parents of a child or are persons who have or had parental responsibility for
that child (whether or not at the same time);
• they are family members related by consanguinity, affinity or adoption;
• they are or were in an engagement, dating or customary relationship, including an actual
or perceived romantic, intimate or sexual relationship of any duration; or
• they share or recently !shared the same residence. 649
[72] Protection under the South African Domestic Violence Act can take a number of
routes. A police officer, who is at the scene of an incident of domestic violence,
must render such assistance as may be required by the circumstances, including
assisting or making arrangements for suitable shelter and obtaining medical
attention, and lodging a criminal complaint. 650 A police officer may arrest
without warrant a respondent he or she reasonably suspects of having
committed an offence containing an element of violence against the
complainant. 651
[73] Protection orders are the centerpiece of the Domestic Violence Act. The
complainant may apply to the court for a protection order. 652 The application
may be lodged on the complainant’s behalf by any other person, including a
police officer, counsellor, health service provider, social worker or teacher. 653
The application can be brought outside of the ordinary court hours if it is
648 Section 1(viii) of the Domestic Violence Act (South Africa).
649 Section 1(vii) ibid.
650 Section 2 ibid.
651 Section 3 ibid.
652 Section 4(1) ibid.
653 Section 4(3) ibid.
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