Day 11 of 16 Days of Activism -South African Legal Rights and Resources for victims of abuse.

Article written by: Francesca Pedrosa Rodriguez (Attorney & Legal Volunteer)
Sources: Domestic Violence Act 116 of 1998 as amended

Day 11 of the 16 Days of Activism in South Africa focuses on raising awareness about the legal rights and resources available to victims of abuse. South Africa's laws, such as the Domestic Violence Act, Sexual Offenses Act, and Protection from Harassment Act, provide mechanisms for protection and justice.

Victims can access resources like shelters, legal aid, counselling services, and organizations like RISE (Rise Against Domestic Violence). These initiatives aim to empower survivors and ensure their safety and dignity.

South Africa has robust and comprehensive legal frameworks in place to protect and support victims of abuse. These laws, combined with accessible resources, aim to address domestic violence, sexual abuse, and other forms of harm, ensuring victims receive the protection and support they need. Below is a brief overview:

Legal Rights of Victims

1. Protection Under the Domestic Violence Act as Amended (DVA):

• A critical piece of legislation designed to protect individuals from abuse.

• The DVA includes a broad definition of domestic violence, including physical, emotional, sexual, economic abuse, harassment, stalking, and other harmful behaviours.

Victims Can:

• Apply for protection orders at their nearest Magistrate's Court.

• Seek relief such as prohibiting contact, requiring abusers to leave a shared residence, and emergency monetary relief.

Important Documents for Protection Orders:

• Victim’s ID and proof of address.

• Identifying information about the abuser (if known).

• Evidence such as photographs, messages, emails, voice or video recordings, medical reports, or a J88 form.

2. Sexual Offenses Protection:

• The Criminal Law (Sexual Offenses and Related Matters) Amendment Act criminalizes a wide range of sexual offenses.

• Special courts and Thuthuzela Care Centres (TCCs) streamline the reporting process and provide medical, legal, and counselling services.

3. Children’s Rights:

• Under the Children’s Act 38 of 2005, abuse against children is strictly prohibited.

• Reports can be made to the nearest police station or a social worker.

4. Employment Protections:

• The Employment Equity Act protects employees from sexual harassment and other workplace abuses.

5. Harassment Laws:

• Victims can apply for protection under the Protection from Harassment Act 17 of 2011, even if the harasser is not a domestic partner or is unknown.

Resources for Victims

1. Thuthuzela Care Centres (TCCs):

   • Government-established facilities offering medical examinations, psychological support, and legal assistance to victims of sexual offenses.

2. Domestic Violence and Harassment Court Clerks:

   • Available at Magistrate’s Courts to assist with applications and guidance.

3. Police Services:

   • Family Violence, Child Protection, and Sexual Offenses (FCS) units handle cases involving abuse.

4. NGOs and Shelters:

   • Organizations such as RISE Against Domestic Violence provide free legal advice, counselling, and support.

   • Contact RISE:

     • WhatsApp Support: 081 589 4308

     • Website: www.riseagainstdomesticviolence.co.za

5. Legal Aid South Africa:

   • Offers free or low-cost legal representation and advice to victims, ensuring access to justice regardless of financial means.

Steps for Victims Seeking Help

1. Report Abuse: File a report with SAPS for investigation.

2. Apply for Protection Orders: Expedite the process at your nearest Magistrate's Court.

3. Seek Medical Attention: This ensures safety and evidence collection.

4. Access Counselling: Emotional support is critical, and RISE Against Domestic Violence offers free counselling to victims of abuse.

Conclusion

Day 11 emphasizes the importance of understanding and utilizing legal protections like the Domestic Violence Act to combat domestic abuse. Empowering victims with knowledge of their rights and providing access to support systems can break the cycle of violence.

By fostering community accountability, we can build a society where survivors feel safe and perpetrators are held accountable. Let us commit to protecting survivors and creating a culture of zero tolerance for domestic violence.