Justice at a Snail's Pace: The Implementation of the Domestic Violence Act (Act 116 of 1998) at the Johannesburg Family Court

• NCJ Number: 217056
• Journal: Acta Criminologica Volume: 19 Issue: 1 Dated: 2006 Pages: 77-88
• Author(s): K. Naidoo
• Date Published: 2006
• Length: 12 pages
• Publication Format: Document (Online)
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: South Africa
• Note: To access the full text PDF: 1) select the provided link; 2) from the Acta Criminologica Web site, select "Table of Contents"; 3) select the corresponding Volume and Issue (see the NCJRS abstract record for the exact Volume and Issue); 4) scroll the Table of Contents to the exact article; and 5) click on the "full text" icon. Downloaded on January 23, 2007.

Annotation

This study reviewed the development of and an overview of the Domestic Violence Act (Act 116 of 1998) at the Johannesburg Family Court.

Abstract

After a review of the Domestic Violence Act, recommendations and conclusions are presented in the areas of training of family court personnel, training on effective service of the interim order, public education, criminal sanction for default of perpetrator, and establishment of a specialized court. Recommendations and conclusions included: (1) numerous case files were poorly recorded requiring implementation of a training program for administrative personnel on how to record domestic violence case files more systematically; (2) in practice, it was either a police official or the sheriff who served the interim protection order and the notice to show cause, amounting to “fragmented service provision”--training is recommended on how to affect proper service of documents on the respondent; (3) it is recommended that the Department of Justice undertake public education and awareness campaigns on the serious nature of domestic violence and the consequences of abusing the Act; (4) where an interim protection order has been issued and the respondent defaults, default by the respondent should be criminalized; and (5) the Johannesburg Family Court has jurisdiction to adjudicate on several matters, it is recommended that a specialized domestic violence court be established. In 1999, the Domestic Violence Act (Act 116 of 1998) was implemented in the Johannesburg Family Court. The intent of the Act was to provide the victims of domestic violence with the maximum protection from domestic abuse that the law could provide. Through an examination of case files, this study focused on the implementation of the Act at the Johannesburg Family Court from March to December 2004. References, notes