Cape Town - Survivors of gender-based violence can now apply for protection orders electronically, which can be submitted 24 hours a day, allowing magistrates to grant the order without the applicant being present at court.
This is one of the significant amendments which have been made to the Domestic Violence Amendment Bill signed into legislation by President Ramaphosa on Friday.
This legislation also contains provisions for safety monitoring notices, where a relevant police station as ordered by a court would monitor the safety of a victim awarded the protection order, and still share a residence with their abuser.
Anti-GBVF (gender-based violence and femicide) advocacy groups lauded this “timely” signing into legislation of the three GBVF bills by Ramaphosa as a significant milestone in the fight against women and children abuse.
The Criminal and Related Matters Amendment Bill addresses GBV and offences committed against vulnerable persons and provides for additional procedures to reduce secondary victimisation of vulnerable persons in court proceedings.
The act further regulates the granting of bail and placement of persons on parole.
The Criminal Law (Sexual Offences and Related Matters) Amendment Act amends Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act and expands the scope of the National Register for Sex Offenders (NRSO).
It also expands the list of persons who are to be protected to include other vulnerable persons and increase the periods for which a sex offender’s particulars must remain on the NRSO.
The Domestic Violence Amendment Bill amends the Domestic Violence Act, among other things, to further facilitate the obtaining of protection orders against acts of domestic violence and introduce obligations on relevant functionaries in the Department of Social Development and the Department of Health to provide certain services to victims.
President Ramaphosa said the enactment of legislation was a major step forward in efforts against the GBVF epidemic and in placing the rights and needs of victims at the centre of the government’s interventions.
“Civil society’s demands from the gates of Parliament were heard and listened to, and gave rise to our nation reaching a point where the demands of citizens are now cast in our law,” he said.
Action Society spokesperson Kelly Baloyi said this was a step in the right direction to protect GBVF victims and clamp down on perpetrators whom she said previously got away with serious crimes.
“The protection of our communities remains a concern, more so our rural communities where cases of GBV are under-reported. We acknowledge and commend the government for its progressive response on combating GBVF. However, if we fail to implement the law and successfully establish mechanisms to document cases these laws will not serve their purpose.”
The Great People of SA chairperson Zintle Khobeni said the amended acts ought to be effective in the fight and response towards GBVF or they would be null and void.
“We remain concerned about the entire criminal justice, from the failures of SAPS to adhere to acts put in place to assist them to be competent in handling GBVF matters, including the Correctional Services Department and its Parole Board.
“It is one thing to have progressive and advanced legislation and it’s another to ensure that they actually work and that those entrusted with implementing them do so,” said Khobeni.
Mosaic Policy and Research Officer Kerryn Rehse said with the laws coming into effect, there would be a need for a significant effort to educate the public on the new rights afforded to them by these amendments.
“This process, which was just under 18 months from start to finish, was very expeditious in law-making terms. The acts came to be because of greater collaboration between political parties serving on the Justice Portfolio Committee, civil society organisations working together with government officials, and the receptiveness of government officials and legislative drafters to input,” she said.
Rehse lauded this as a significant achievement.