It is now compulsory for an interdict to be issued against anyone accused of a domestic-related crime before they are released on bail. This new development is intended to ensure the safety of the complainant.
This new development was confirmed this week by Diane Blaauw, senior magistrate at Paarl Magistrates’ Court.
“The Criminal Procedure Act has been amended to include the granting of a final domestic-violence interdict order to be considered in the criminal courts,” she explained.
“If an accused is arrested for an offence that is domestic in nature, in respect of the release of that person on bail, a final domestic-violence interdict must first be issued. This will differ from the application that, until now, was normally brought before the family court.”
Blaauw said Section 60(12)(b) of the Criminal Procedure Act mandates that this order in criminal courts applies in all cases where the accused and complainant are in a domestic relationship.
“For example, in an assault, a theft, murder, damage to property and so on in which the accused and complainant are boyfriend and girlfriend, or family that co-exist in the same household, or is identified as a domestic partnership as defined in the Domestic Violence Act, the final interdict will then be served in the court on the accused.
“This will be considered during the bail application and/or before the accused is released on the charge, pending the finalisation of the case.”
As South Africans continue to celebrate women throughout August the safety of women and the issue of gender-based violence in this country was once again brought to the forefront.
“When we talk about women’s safety in South Africa we are not just discussing remote statistics, but talking about lives cut short and futures stolen,” according to Kaylynn Palm, spokesperson for civil-rights organisation Action Society. “The brutal killing of 21-year-old Asiphe Cetwayo in Mbekweni last year is a stark reminder of the reality women face daily. A final-year education student with her whole future ahead of her, she was raped, murdered and burnt with acid, her body dumped in a field.”
She said the unfortunate reality is that Asiphe’s case is “tragically not unique”.
“Action Society has seen, case after case, how women are trapped in dangerous relationships and vulnerable to extreme violence. Many ask, ‘Why don’t they just leave?’ The truth is, it’s rarely that simple. Fear, isolation, financial dependence, family expectations, damaged self-worth and manipulation all form part of the invisible prison abusers build around their victims. Often, the psychological control is as powerful – and as destructive – as the physical abuse.”
Palm described interdicts as a “critical lifeline”.
“Protection orders (interdicts) are one of the most effective legal safeguards for survivors, allowing police to act immediately if an abuser breaches it. They can be applied for urgently, even outside of court hours and by concerned friends, family or professionals. However, the responsibility for safety cannot rest solely on women’s shoulders. Communities, law enforcement and the justice system must work together to ensure predators are stopped before another woman’s life is destroyed.”
