There is no guidance in the law for considering the impact of domestic violence on these cases,” they said.
The appeal seeks to establish that the law should recognise the impact of systemic violence against women and consider this in sentencing decisions.
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Professor Bonita Meyersfeld, director of CALS, emphasised the importance of this case in addressing the systemic abuse faced by women in South Africa.
“This case is about bringing the law in line with the lived realities of gender-based violence in South Africa. The law must recognise the systemic and pervasive nature of violence against women and take this into account in sentencing decisions,” she said.
Bringing the law in line with reality
The case represents a crucial step in ensuring that the legal system acknowledges the full extent of the trauma and abuse experienced by victims of gender-based violence.
By considering the history of domestic violence and the psychological factors that may influence a survivor’s actions, the law can better address the systemic nature of gender-based violence in South Africa.
As South Africa continues to grapple with the pervasive issue of gender-based violence, these landmark rulings and constitutional challenges represent important steps towards strengthening protections for survivors and holding perpetrators accountable for their actions.
By addressing consent and systemic abuse in sentencing cases, the legal system can better support victims of gender-based violence and work towards creating a safer and more just society for all.
The failure of the legislature to provide adequate protection for women who are victims of domestic abuse has been highlighted by experts at the Centre for Applied Legal Studies (CALS). According to them, there is a significant gap in the law when it comes to addressing the needs of women who are trapped in cycles of abuse at the hands of their intimate partners.
The case that brought attention to this issue was recently postponed to December due to the unavailability of a court clerk. Dr. Sheena Swemmer, the head of CALS’ Gender Justice programme, emphasized the urgent need for action, pointing out that the increasing levels of domestic violence are putting lives at risk, with women being the most vulnerable targets.
Swemmer highlighted the fact that in some cases, victims of abuse may feel compelled to resort to violence themselves as a means of self-defense. This leads to a dangerous situation where it becomes a matter of ‘him or me’. She stressed the importance of courts taking into account the psychological aspects of domestic violence and trauma in order to effectively address the root causes of the problem.
Basetsana Koitsioe, an attorney with CALS’ Gender Justice programme, raised concerns about the current sentencing trends in cases where women are accused of killing their abusers. She pointed out that courts often discount expert evidence and witness testimony, making assumptions about what is considered ‘reasonable’ behavior for a woman who has endured prolonged abuse.
Koitsioe argued that the harsh approach to sentencing fails to take into consideration the psychological impact of abuse on victims, leading to further injustice. She called for a more nuanced understanding of the complexities of domestic violence and the need for courts to consider the unique circumstances of each case.
The experts at CALS are advocating for a more compassionate and informed approach to dealing with cases of domestic violence, emphasizing the importance of taking into account the psychological and emotional toll that abuse can have on victims. They are calling for a reevaluation of current practices in the legal system to ensure that women who are victims of abuse are given the support and protection they desperately need.
With additional reporting by Thando Nondywana, the ongoing efforts to address the lacuna in the law and improve the response to domestic violence are crucial in creating a safer and more just society for all individuals.
