Domestic Violence: A Violation of Human Rights
South Africa faces one of the highest rates of domestic violence globally. It remains the most pervasive human rights violation in our country, with devastating statistics that reflect a harsh reality: every day, in the supposed safety of their own homes, individuals, predominantly women, endure physical assault, sexual violence, harassment, and intimidation at the hands of those closest to them.
The Legal Standpoint
The Domestic Violence Act recognizes this as a profound social crisis. It acknowledges that victims are often the most vulnerable members of our community and that abuse manifests in many forms—emotional, physical, and financial—across all types of domestic relationships.
Our Commitment to Protection
The Act is designed to provide victims with the highest level of legal protection. It mandates that the State and its various departments take proactive, effective measures to enforce the law and ensure safety. This legislation serves as a clear declaration: the State is committed to the total elimination of domestic violence and the protection of every citizen’s right to live without fear.
The Domestic Violence Act: Protection and Progress
Domestic violence in South Africa is regulated by the Domestic Violence Act 116 of 1998. Introduced to afford victims maximum protection, the Act recognizes that domestic violence is a serious crime against our society. It extends protection not only to married women and their children but also to unmarried partners, people in same-sex relationships, and others who share a living space.
While the core intent of the Act remains the same, the law has been significantly updated and modernised by the Domestic Violence Amendment Act (2021) to address the complexities of abuse in the 21st century:
An Expanded Definition of Abuse: The law now explicitly recognizes modern forms of harm, including economic abuse, emotional and spiritual abuse, and cyber-stalking or harassment via social media and SMS.
Mandatory Reporting Obligations: To better protect the most vulnerable, it is now a criminal offense for any adult who suspects that a child, a person with a disability, or an elderly person is being abused not to report it to the authorities.
By evolving alongside technology and social needs, the Act continues to strive toward its ultimate goal: the total elimination of domestic violence and the safety of all citizens.
Recognising the Forms of Domestic Violence
Domestic violence is not limited to physical contact; it encompasses any behaviour that controls or harms a person within a domestic relationship. Under South African law, it includes:
Physical Abuse: Any act or threat of violence intended to cause physical pain, injury, or bodily harm.
Sexual Abuse: Any conduct that abuses, humiliates, or violates the sexual integrity of the victim.
Emotional, Verbal & Psychological Abuse: A pattern of degrading behaviour, including constant insults, name-calling, ridicule, or obsessive jealousy and possessiveness that invades your privacy or liberty.
Economic Abuse: The unreasonable withholding of financial resources you are legally entitled to or need for necessities (such as rent, bond repayments, or household essentials), or the unauthorized disposal of shared property.
Intimidation: Using threats, either directly or indirectly, to induce fear in the victim.
Harassment: A pattern of behaviour that creates fear of harm, such as loitering near your home or work, or repeatedly making unwanted contact via phone calls, emails, or text messages.
Stalking: The repeated following, pursuing, or accosting of a person.
Damage to Property: The intentional destruction or damaging of property belonging to the victim or in which they have a vested interest.
Other Controlling Behaviour: Any other conduct of a harassing nature that harms or may cause imminent harm to the safety, health, or well-being of the victim.
The protection order
A protection order, also called a domestic violence interdict, is a court order that instructs an abuser to stop the abuse. It can also provide for financial assistance. The protection order may also prevent the abuser from getting help from any other person to commit acts of domestic violence.
How to Apply for a Protection Order
If you are a victim of any form of domestic violence, you have the right to seek legal protection. Any person may apply for a protection order at a Magistrates Court nearest to where you live and work, at any time, during and outside court hours as well as on public holidays or weekends. Here is the process to obtain a Protection Order:
Application for an Interim Order
Visit your nearest Magistrate’s Court and complete an application form. This outlines the nature of the abuse and why protection is needed urgently.
Granting of the Interim Order
If the Magistrate is satisfied that there is evidence of domestic violence, an Interim Protection Order is issued immediately. This order is temporary but legally binding.
Service of the Order
The Interim Order must be served on the Respondent (the abuser) by the Police or a Sheriff to notify them of the court date and the conditions they must follow.
The Court Hearing (Return Date)
Both parties will appear in court on a specified date. The Magistrate will hear the evidence to decide if the Interim Order should be made a Final Protection Order.
Breach of the Order
Once the order is granted, a Warrant of Arrest is issued but suspended. If the Respondent violates any condition of the order, the police can act on that warrant immediately.
The Protection from Harassment Act
The Protection from Harassment Act affords the victims of harassment an effective remedy against harassment.
If you are a victim of harassment, you may approach the magistrates' court in the area where you reside in terms of this Act to obtain a protection order against any person who is harassing you.
A person who breaches a protection order may be criminally charged and, if found guilty, held liable to a fine or imprisonment.
While many believe domestic violence is strictly physical, the law recognises that abuse often involves a complex pattern of controlling behaviors that vary in frequency and nature. In South Africa, these actions are strictly governed by the Domestic Violence Act.
This Act is specifically designed to provide legal protection to anyone experiencing abuse within a domestic relationship, including current or former spouses, partners, family members, or co-parents. Whether the harm is physical, emotional, or financial, the law offers a pathway to safety through formal protection orders.
What is a domestic relationship?
A domestic relationship is defined as a relationship between the complainant and a Respondent in any of the following ways –
(a) They were married to each other, including a marriage according to any law, custom or religion;
(b) They ( whether they are of the same or opposite sex) live or loved together in a relationship in the nature of a marriage, although they are not, or were not, married to each other, or are not able to be married to each other;
(c) They are the parents of a child or are persons who have had or had parental responsibility for that child;
(d) They were or are engaged, dating or in a customary relationship, including an actual or perceived romantic, intimate or sexual relationship of any duration;
(e) They are family members related by adoption, consanguinity or affinity;
(f) They share or recently shared the same residence.
What is domestic violence?
The following can be regarded as domestic violence:
1. Physical abuse
2. Emotional, verbal and psychological abuse;
3. Economic abuse;
4. Intimidation;
5. Harassment;
6. Stalking
7. Damage to property;
8. Entry into the complainant’s residence without consent, where the parties do not share the same residence;
9. 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.
Need Urgent Assistance?
Legal procedures during an emotional crisis can be overwhelming. Joanne Anthony-Gooden Inc. provides compassionate legal support to guide you through the application process and represent your interests in court.
For more information regarding domestic violence, please follow the link FAQ, you may have a question that has already been answered.
Download Domestic Violence Application Forms
Forms: Application for Protection Order Domestic Violence
Forms: Application for Protection from Harassment
Forms: Affidavit For Further Arrest (J591E)
Forms: Application For Setting Aside Or Variation Of Protection Order (J649E)
Quick Help
SAPS Emergency: 10111
National Domestic Violence Helpline: 0800 150 150
FAMSA Gqeberha: 041 585 9393
For a full list of local shelters and support groups, visit our Resources Page
