Following the announcement by the Portfolio Committee on Women, Youth, Children and People with Disabilities (“the Committee) that it would host public hearings on the implementation of the Domestic Violence Act No. 116 of 1998 (“the DVA”) over the last 11 years since its promulgation, the Gender Advocacy Programme (GAP) and the Western Cape Network on Violence Against Women (WCNOVAW) partnered to initiate a process to mobilize civil society organizations working in the area of domestic violence in the Western Cape to respond to this invitation. 

A workshop involving various civil society providers of services to victims of domestic violence was held, and a task team was subsequently established to coordinate a joint submission to the Committee.

The promulgation of the DVA eleven years ago was a positive government initiative committing the state and members of society to the eradication of violence against women.

The DVA has reinforced women’s fundamental human rights to human dignity, equality, freedom, bodily integrity and the right to be free from violence from public and private sources by placing positive duties on the state to protect women from domestic violence and puts in place procedures to be followed to prevent domestic violence and punish perpetrators of domestic violence. 

Despite the purpose of the DVA, domestic violence in South Africa continues to pose a grave threat to women as evidenced by the high occurrence rate and the gravity of the acts perpetrated against women.

The implementation of the DVA has proven to be problematic as state departments fail to fulfill their legal duties by not complying with the prescribed duties as set out in the DVA or by inefficiently executing these duties.

This failure to fulfill duties or the inefficient execution of these duties have resulted in serious consequences such as the death or serious physical injury to complainants of domestic violence and/or the complainant’s loved ones; long-term psychological damage which has resulted in the complainant murdering or injuring the perpetrator of domestic violence; a lack of respect of the rule of law; loss of faith in legal system; state and individual violations of fundamental human rights resulting in the perpetuation of inequality which leads to unfair discrimination, and ultimately violence against women.

It is accepted that the state is under-resourced as the DVA has increased the duties of SAPS members, prosecutors, and the courts and has created a need for shelters and housing for survivors of domestic violence without allocating additional resources.