DOMESTIC VIOLENCE
Members are sometimes called out to what is colloquially called “huismoles”
It is the view of the Clydesdale CPF that we should not get involved in this type of domestic disturbance and that it is a matter best dealt with by the SAPS.
The Golden Rule in cases of domestic disturbances is thus to alert the SAPS (sector vehicles). Members should not get involved unless someone’s life is at stake but even then we believe that it is too dangerous for our own members to get involved.
The reason why it is best to contact the police lies in Section 2 of the Domestic Violence Act. It provides that the police have a duty to assist and inform complainants of their rights. Section 2 reads as follows:
“Any member of the South African Police Service must, at the scene of an incident of domestic violence or as soon thereafter as is reasonably possible, or when the incident of domestic violence is reported—
(a) render such assistance to the complainant as may be required in the circumstances, including assisting or making arrangements for the complainant to find a suitable shelter and to obtain medical treatment;
(b) if it is reasonably possible to do so, hand a notice containing information as prescribed to the complainant in the official language of the complainant’s choice; and
(c) if it is reasonably possible to do so, explain to the complainant the content of such notice in the prescribed manner, including the remedies at his or her disposal in terms of this Act and the right to lodge a criminal complaint, if applicable.”
Members may however want to advise the victims of their rights to protection in terms of the Domestic Violence Act, Act 116 of 1998.
When children are involved, it may also be necessary to alert the local Welfare offices but we still recommend that the best cause of action is to leave it to the police to deal with. The Child Protection Unit is especially geared to deal with assaults on, and abuses of, young children.
In order to assist our members and to give them a little bit of understanding regarding domestic violence we will discuss relevant information of the Act underneath. (We will also rely on the information supplied and undertakings given by the SAPS on their relevant website.)
DISCUSSION:
Domestic violence (Afrikaans: “Gesinsgeweld”) is often thought to only include physical violence, but the acts, behaviour and consequences that make up domestic violence vary in nature and frequency.
Domestic violence can take many forms, including physical aggression or assault (hitting, kicking, biting, shoving, restraining, slapping, throwing objects), or threats thereof; sexual abuse; emotional abuse; controlling or domineering; intimidation; stalking; passive/covert abuse (e.g., neglect); and economic deprivation.
As indicated, domestic violence is regulated by the Domestic Violence Act.
This Act only applies to domestic violence that takes place in a domestic relationship. It does not regulate the relationship with neighbours and family living in different places or residences and with whom victims have never lived under the same roof.
What is a domestic relationship?
A person can have a domestic relationship with someone he is or have been married to; victims parents or guardian; any family member(s); including a victim’s own child(ren); anyone the victims have lived with, whether the victims were married to that person or not; a victim’s life partner of the same sex; someone the victim went out with, even for a short time, or had sex with; or someone with whom the victim share a child.
What is domestic violence?
The following can be regarded as domestic violence:
• sexual abuse (whether victims are married to the other
person or not);
• physical abuse or assault (for example, slapping,
biting, kicking, and threats of physical violence);
• damage to property or anything a victim value;
• stalking (when the other person follows or approaches
The victim or his/her children repeatedly);
• economic abuse, that is, when the other person keeps
money to which victims are legally entitled from them in
an unreasonable manner by -
refusing to pay or share the rent or mortgage
bond for the home they share; or
• disposing of any property (household goods) in
which a victim has interest, without his/her permission;
• emotional abuse (that is, degrading or humiliating
behaviour, including repeated insults, belittling, cursing and threats);
• any other controlling or abusive behaviour which poses a threat to a victim’s safety, health or well-being.
What are the options of someone who is being abused?
Victims have the right to -
• apply for a protection order at the nearest police
station or magistrate's court; or
• lay a criminal charge at the police station and apply
for a protection order.
What is a protection order?
It is an order (interdict) issued by a court at the victim’s request, ordering a
person with whom he/she has or had a domestic relationship, to stop the abuse.
It may also prevent the person from getting help from any other person to commit such acts.
An interim protection order can also be issued at any time of the day or night for a victim’s protection.
Who can apply for a protection order?
Any victim of domestic violence. children, and if they are too young, a parent or guardian, or any person acting on behalf of someone who is responsible for them, but with their permission.
A police official can also apply for one.
Commitment of SAPS to victims of domestic violence
According to their website, the police will normally assist victims by:-
• providing victims with notice in a language they understand, and explain how they should proceed;
• making an effort to find someone to speak to the victim in the language he/she understands;
• taking a victim's statement in privacy and not in the presence of the abuser or the public;
• deciding on the basis of his statement, whether to arrest the abuser and take his/her firearm, as well as determine the victim's needs and how to assisthim/her;
• serving a protection order on the person against whom it was made, as directed by the court;
• keeping a copy of the protection order and record every
arrest made as proof for victims;
. noting the complaint in the Incident Register at the station as further proof that a victim reported the matter.
What other assistance can the SAPS provide?
SAPS undertook, where possible, to help victims find access to -
• medical attention;
• shelter; and
• victim counselling.
They will inform victims of -
• the support services that are available in the area;
• alternative shelters, if available;
• counselling services, if required;
• medical assistance;
• free services that are available; and
• the time of day these services are available.
SAPS will ensure that a medical officer collects and records any medical evidence in support of a criminal charge.
SAPS will go with victims to their home when they need to collect
personal belongings, if this is provided for in a protection order that has been issued.
What can victims do if a police member fails to comply with the above?
Should a police officer fail to carry out this commitment, victims can report the matter to the station commissioner at the relevant police station. The complaint will be noted in a complaints register, stating the name of the member concerned, the date on which the complaint is lodged, and the details of the complaint.
The station commissioner will take disciplinary steps against the member involved. The Police Service will also refer the complaint to the Independent Complaints Directorate (ICD) for their recommendations. If victims are not satisfied with the way in which a station commissioner is dealing with the complaint, victims may personally report the matter to the ICD.
What can a victim do if an abuser disobeys a
protection order?
Victims should phone the South African Police Service.
Thereafter a statement will be taken from the victim. Victims should provide the police with the warrant of arrest they received together with the protection order (and if they have lost it, they can apply at the court for another one).
If victims are in immediate danger the abuser will be arrested,
otherwise the abuser will be given a notice to appear in court
the next day.
Who can be contacted?
Victims can Contact their local police station
SAPS 10 111
SAPS Child Protection Unit And Sexual OffencesUnit,
Head Office,
Pretoria
(012) 393-2363
SAPS Crime Stop
Women Abuse
Helpline
Childline
AIDS Helpline
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