Domestic Violence Act 116 of 1998
The Domestic Violence Act provides comprehensive protection for victims of domestic violence. Enacted in 1998, it defines domestic violence broadly to include physical, sexual, emotional, verbal, economic, and spiritual abuse. The Act enables courts to issue protection orders and requires police to assist victims.
Legal area: Law relating to gender equality and the protection of persons from gender-based violence and discrimination.
Year enacted: 1998
Full text: https://www.gov.za/documents/south-africa-domestic-violence-act-116-of-1998
Key Provisions
- Section 1: Broad definition of domestic violence including all forms of abuse
- Section 2: Application for protection orders by victims
- Section 4: Courts may issue protection orders prohibiting contact and requiring eviction
- Section 8: Duties of police officers to assist victims and provide information
- Section 11: Breach of protection order as criminal offence
- Section 13: Establishment of the Domestic Violence Register
Significance
The Domestic Violence Act was groundbreaking in its broad definition of domestic violence and its requirements for police intervention. It has been praised for its comprehensive approach but criticized for inconsistent implementation. The Act remains a key tool in combating gender-based violence in South Africa.