Addressing domestic violence: to what extent does the law provide effective measures?

Abstract

The high incidence of domestic violence in South Africa calls for a competent legal response. The Constitution as well as international human rights conventions oblige the state to protect human rights, including the rights of victims of domestic violence. The government is, therefore, challenged to enact effective legal measures to address domestic violence. This paper undertakes to examine the current legal remedies and protection available to victims of domestic violence. The focus is on the Domestic Violence Act 116 of 1998. The Act is discussed, compared to previous legislation and  critically evaluated to assess its effectiveness in addressing domestic violence.