The domestic violence amendment Act 14 of 2021 and the imperative of better policing in South Africa

Abstract

The domestic violence phenomenon is a vexatious issue in many societies across the world today. In South Africa, it is a compelling problem that the country’s law system and communities grapple with daily. Hence, domestic violence legislations have been introduced, and in recent years, the legal framework for curtailing domestic violence was further broadened with the introduction of the Domestic Violence Amendment Act 2021. The objective of this study therefore was to examine whether the 2021 amendment has addressed the failings and inadequacies of the earlier legislations vis-à-vis policing domestic violence. The study, using a socio-legal approach, adopted desk-based methods of data collection, and relied on symbolic interactionism and patriarchal perspectives for theoretical grounding. From a critical analysis of the legislations, case laws, statutes, international treaties and conventions, regulations, Bills, textbooks, working papers, journal articles, and other internet-based materials reviewed, the study found that beyond the institutional failures already reported as the reason for South African Police Service’s (SAPS) inability to adequately enforce the Domestic Violence Acts, the inherent patriarchal nature of the members of SAPS contributes significantly to the prevalence of domestic violence because SAPS’ officers will not be able to prosecute domestic violence if they do not see it as a problem. The study therefore recommends that beyond law reforms, the government should facilitate a shift from the norm, which is the apparent acceptance of the subjugation of women within and outside domestic spheres. This should be accompanied by promoting a national orientation agenda that will focus on attitude and behaviour change for the fight against domestic violence to have impact. Community involvement and strict enforcement of compliance rules in the police service about domestic violence prosecution may also lessen the prevalence of domestic violence in South Africa.