Gender equality and violence against women Lisa Vetten Tshwaranang Legal Advocacy Centre

Violence and its relation to gender inequality Gender-based violence reflects and reinforces women’s subordinate status Gender inequality affects women’s access to justice, as well as the response of criminal justice system to women’s circumstances.

Domestic violence and the DVA No budget specifically allocated towards the day-to- day implementation of the DVA (although some money made available towards support activities). Cost of single protection order to SAPS and DoJCD calculated as R (applied to the protection orders granted in 2004 = at least R38.6 million spent on protection orders). Research as well as public statements by government officials suggest this is not enough.

Recommendations: Budget Simplification and translation of application forms Service of orders by sheriff Personnel: clerks, dedicated magistrates Training: ongoing and shared learning Support costs: paper, photocopier, computer systems What about NGOs providing court services?

Other recommendations Budget not everything – management and administration of police stations and courts also highly relevant. Need to set specific performance indicators for departments to report on in Annual Reports Very wide variation in practice across courts and police stations

Cont. National protocols, guidelines, norms and standards – peace orders vs protection orders; removal of weapons; economic relief; eviction of abuser; after hours’ applications; jurisdiction; criteria for means testing What has happened to the magistrates’ guidelines? Expanding a helping response to support the police and courts’ intervention (eg housing).

Maintenance and its relationship to domestic violence Non-payment recognised by the DVA as economic abuse “I’m just so scared of him so I would rather leave him alone and just try to make ends meet as I’m doing now. The other thing is that I don’t want him to think that I want him back because I had enough of him.” Sexual favours expected first before maintenance is paid.

Recommendations: Budget Access to information (Deeds office, vehicle registration database, ITC). Employ more clerks and maintenance officers and investigators. Service of orders Training

Other recommendations Case management policy/norms, standards and guidelines – privacy; how to calculate amounts; when to charge interest; non- appearance of respondent; communicating with women Registration of taxi drivers, in addition to SARS? Holding employers accountable for failing to uphold emoluments orders National hearings into maintenance.

Women’s relationship status and the dissolution of relationships Forfeiture of benefits and divorce Access to legal assistance Co-habiting relationships (vat en sit) – what has happened to SALRC recommendations on domestic partnerships?

Rape Status of specialist courts? SO Bill currently under discussion by Justice PC – need for NCOP hearings Proposed SO Bill has made important changes to substantive law – however, evidence and procedure weakened in comparison to SALRC proposals Numerous problems around investigation and court processes – could be addressed by National Policy Framework – need for oversight/accountability mechanism? Need for costed implementation plan for the SO Bill.

Cont. Long waits for forensic evidence (priority = 39 weeks) Lack of crime kits Recent study of SAECK from six provinces in seven-month period found: - not one complied with administrative quality (disrupt chain of evidence) - not one had collected all the evidence required