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Legal Talk

Legal Talk

Author: Fawzia Khan
Date: 2017-08-11

Fighting the scourge of domestic violence against women

With the focus of Women's Day this week, South African women are encouraged to empower ourselves through knowledge and to recognize and build on our strengths and where necessary perhaps work on those aspects of ourselves we may perceive as a weaknesses. Sadly the number of domestic violence cases where woman are abused, and in some cases even murdered by their partners continues to reach alarming stats. Overcoming and moving away from an abusive and toxic relationship must rank as one of the most difficult yet powerful things a victim of domestic violence can do for herself.

Domestic Violence Act, No. 116 of 1998 was introduced in order to address the high incidence of domestic violence in South Africa and attempt to protect victims by making provision for the issuing of protection orders. The abuse may be physical, sexual, emotional, and psychological. If your partner is doing the following to you, pushing, hitting, slapping, choking, kicking, or biting; threatening you, your children, other family members or pets; threatening suicide to get you to do something; using or threatening to use a weapon against you; keeping or taking your wages; puts you down or makes you feel bad; forcing you to have sex or to do sexual acts you do not want or like; preventing you from seeing your friends, family or from going to work, chances are high that you are in an abusive relationship.

Often victims may go to great lengths to conceal the abuse. The reasons could range from embarrassment to being in fear of her life. Abusers are most likely to be charming to the rest of the world, but within the confines of the home, he could be a Dr. Jekyll and Mr. Hyde type character. There are many myths around domestic violence, which need to be firmly debunked.

One of them being that domestic violence is a personal problem between a husband and a wife and therefore we should not interfere. This is not true as domestic violence affects everyone. The Domestic Violence Act makes it a legal duty for the South African Police Service to help victims of violence. This includes helping them to find suitable accommodation and medical help. The Act allows for a peace officer to arrest any person who may have committed an act of domestic violence (without a warrant of arrest) and to seize any weapons from the premises.

Know your rights! The Law Desk of Fawzia Khan & Associates. Giving You the Power of Attorney.

Email fawzia@thelawdesk.co.za or call 031 - 5025670 for legal assistance at competitive rates.

Fawzia is a member of the South African Women Lawyers Association (SAWLA).