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Filter: Domestic violence
New Era for Domestic Violence Cases: Enhanced Protection Under Amended Act

29 January 2024

The legal landscape for domestic violence in South Africa just shifted. New amendments focus on swift arrests, tougher bail, and... preventing charge withdrawals to prioritise victim safety. Read more about this crucial change and its impact on communities and justice.

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1504
Article
Understanding South Africa’s Domestic Violence and Harassment Act: A Comparative Analysis

08 June 2023,  Hesri Eloff

South Africa has made significant strides in combating domestic violence and protecting the rights of its citizens. The Domestic Violence... Act 116 of 1998 (DVA) and the Protection from Harassment Act 17 of 2011 (HA) serves as a powerful tool in addressing domestic and other forms of violence and abuse. Although both Acts share the common goal of protecting individuals' well-being, they differ significantly in their focus and provisions. This article explores the key aspects of the Domestic Violence Act and compares it to the Harassment Act and highlights the processes involved in obtaining protection orders. 

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519
Article
Harassment: Is the definition changing in the new harassment Bill?

25 September 2020

The Domestic Violence Amendment Bill was introduced to Parliament in September 2020. The Bill introduces several changes to the definition... of ‘harassment’ in the Domestic Violence Act 116 of 1998. These changes are positive, as they widen the ambit of ‘harassment’ to cover more situations where conduct could amount to harassment, thereby allowing a court to adequately deal with a perpetrator.

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481
Article
Are you a victim of domestic abuse? Do you need protection?

27 May 2020,  Darryl Gantana

If you are a victim of domestic abuse it might be worth applying for a Domestic Violence Protection Order. What... is a Domestic Violence Protection Order and how does it work? It is a form of interdict granted by the court, generally with prohibitive orders to prevent the perpetrator from committing any further abuse. Contravention of the valid protection order may result in prosecution and criminal conviction. 

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388
Article
Protection from domestic violence and harassment in South Africa's Constitutional era

16 July 2018

This article outlines the procedure which a complainant should follow in order to bring an application for a protection order... and what the different requirements are for applicable Acts in order to succeed with said application. The article also provides critique on the Acts and suggests that stricter threshold requirements should be imposed before ex parte application can result in an interim protection order being granted.

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3239
Article

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