Implementation in Reality: Magistrates and the Domestic Violence Act

Van Rooyen, Alexa

Implementation in Reality: Magistrates and the Domestic Violence Act

Thesis / Dissertation

2024

Publisher

University of Cape Town

Department

Department of Public Law

Faculty

Faculty of Law

Abstract

This dissertation examines magistrates' assessment of their experiences in implementing the Domestic Violence Act 116 of 1998. The data has been gathered from in-depth interviews with 6 magistrates from different magisterial jurisdictions in the Western Cape. This study has uncovered many barriers to implementation of the Act, the greatest issue being the lack of resources throughout the courts. Magistrates as well as the South African Police Services (SAPS) also do not receive adequate training. This results in inconsistency in domestic violence courts as well as problems with the return date at court. This study also acknowledges that socio-economic issues, such as drug addiction and gang violence play a role in the rise and perpetuation of domestic violence. President Cyril Ramaphosa has committed himself and the government to combatting domestic violence at both the 2018 and 2022 Presidential Summit. However, domestic violence is still on the rise. Building on the work of similar studies, this dissertation argues for the President and the government to acknowledge their failing efforts, and to improve the communication between themselves and those implementing the Act.

Keywords

domestic violence

Reference:

Collections

Masters

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