Abstract
Domestic violence is rife in South Africa and it has harsh effects on the society, particularly on family life. It cuts across class, race, culture and geography and it is all the more pernicious because it is often concealed and so frequently goes unpunished. The most vulnerable in our communities, women, children and the elderly all live in fear, simple things like walking one’s dog or jogging early in the morning or late in the afternoon can turn tragic. It seems there are few places for South African women and children to be safe. The existing legislative framework aimed at combating domestic violence seems to be unable to effectively address issues of domestic violence in the Republic (Domestic Violence Act). It is therefore, the purpose of this paper to give an overview of domestic violence legislation in South Africa and determine whether government has fulfilled its constitutional mandate in the protection of women and children. Some recommendations are made. DOI: 10.5901/mjss.2014.v5n20p928
Highlights
While the Minister of Police Mr Nathi Mthetwa assures South Africans that, on average, crime has decreased and the murder rate has dropped by 6.5%, this does not seem to be the case with women and children given some of the happenings in the past year or so’ .1 There is no reliable measure for domestic violence because it is not a crime category in its own right when it comes to reporting with the result that one has nothing more than reports in the media
The purpose of this paper to give an overview of domestic violence legislation in South Africa and determine whether government has fulfilled its constitutional mandate in the protection of women and children
Despite the South African government’s ratification of various international agreements that condemn violence against women, as well as the national adoption of policies and appropriate legislation, there seem to be no significant change in curbing the prevalence of domestic violence
Summary
While the Minister of Police Mr Nathi Mthetwa assures South Africans that, on average, crime has decreased and the murder rate has dropped by 6.5% , this does not seem to be the case with women and children given some of the happenings in the past year or so’ .1 There is no reliable measure for domestic violence because it is not a crime category in its own right when it comes to reporting with the result that one has nothing more than reports in the media. They are few and far apart, police officers are often not adequately trained to deal with serious psychological damage that domestic violence and rape can breed From early in their lives, South African men are exposed to institutions and relationships that place females below their male counterparts. The Act to a certain extend has not benefitted the people it was intended to protect, state resources have been wasted in ensuring its effective implementation It will be submitted, in conclusion, that it is about the ineffectiveness of the existing legislation nor lack of skills on part of enforcement agencies but the challenge is with the embedded social, cultural and economic inequality of South African society
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
