Sex, Gender, Becoming - PULP

Domestic violence in south africa 143
3. The South African context
South Africa’s transition from apartheid to a democratic state has
resulted concomitantly in a shift to advancing human rights, as well
as women’s and children’s rights. 9 Thus, commitments have been
made in ratifying international agreements with regard to the
protection of the rights of women in South Africa. 10 In addition to the
international instruments, the South African Constitution provides the
fundamental basis for the protection of victims from all forms of
violence in section 12(1)(c). 11
It is estimated that one in three women in South Africa are abused in
their relationships. 12 Cabinet initiated a process aimed at the
development of the National Crime Prevention Strategy (NCPS) as a
way to respond to the high levels of crime. 13 This process was
approved in May 1996. The development of a programme addressing
the needs of victims was identified as one of the priorities.
In order to counteract the prevalence of domestic violence, the South
African government introduced legislation to protect victims. The
Domestic Violence Act 14 was introduced with the purpose of providing
protection for women (victims) from domestic violence by creating
the conditions for law enforcement authorities to protect women as
far as possible. The act gives the complainant the opportunity to
apply to court for a protection order against any behaviour which may
cause harm to her safety, health or well-being. In spite of the
legislative protection afforded by the act, domestic violence is on the
increase. Professionals who are involved in counselling of victims and
the offenders have expressed concern that the implementation of the
act has not been effective as yet.
Restorative justice, diversion programmes, prevention and early
intervention programmes are some of the programmes which are
identified as guidelines for strategy. 15 Restorative justice creates the
9
See, in general, K Klare ‘Legal culture and transformative constitutionalism’
(1998) 14 South African Journal on Human Rights 146.
10 South Africa has, for example, ratified the Convention on the Rights of the Child
(1989) and the Convention on the Elimination of all forms of Discrimination
against Women (1979).
11 Constitution of the Republic of South Africa, 1996.
12
Angless & Shefer (n 3 above) 305.
13 Department of Social Development Fact sheet: Victim empowerment programme
(2003) 1.
14
Act 116 of 1998.
15 White paper for social welfare (1997) 85.