THE BLACK SASH
SUBMISSION ON DOMESTIC VIOLENCE BILL

This submission is based on concerns felt and expressed by our clientele where the majority is the sector or the population whose home base is in the rural areas.

At our Cape Town Advice Office we see +/- 40 men and women of the age range from 16 to 80 years, with different problems with inter alia of their constitutional rights.

The present Bill is supposed to be one of the major tools in dealing with all sorts of Domestic Violence as described in the Definition - Section 1 (vii).

Domestic Violence is a monster even many African countries are experiencing. The 1998 SADC Conference report on the Prevention of Violence Against Women reflects that 6/10 women in Dar-es-Salaam experience domestic violence in the form of threats, battery, insulting language etc.

In 1996 study of 1000 women in Zimbabwe (Musasa Project) reported physical violence accompanied by psychological, sexual and economic abuse. It is condoned traditionally. In Malawi even traditional songs encourage women to endure violence. Various abuses pertaining to traditional practices are reported. In Ghana female genital mutilation is still practiced. Initiation practices for females in S A by especially Sothos and Zulus are still taking place.

RESPONSE
As the mentioned practices from rural populations fall within the scope of the definition of the Domestic Violence in the Bill, there is no clause that addresses the problem from the traditional perspective.
In our view there are 3 ways to deal with the discrepancy or omission:-
-Both western and traditional way of addressing the problem has to be taken seriously by engaging in an intensive training
The legislators/judiciary have to learn the role played by traditional leaders and the other villagers or members of the community to address domestic violence.
Or
Traditional leaders be trained on the "best practice" of their traditional law to apply clauses that would regulate the traditional practices. (It is not just a matter of making women to be aware of their rights where traditional practices are still exercised within the framework of the traditional law. Women need be seen as partners in the traditional law making)
Or
The bill be reviewed and introduce clauses that will also cover the traditional courts and their practices that are relevant to their communities , clauses that will recognize the traditional way to issue summons. We see this last option complimenting well our recommendation with regards to

SECTION 4
Application for Protection Order.
The procedure to apply for Protection order should include the traditional way of getting protection form, especially for married people, your in-laws, or ONOZAKUZAKU. The response of a representative of CONTRALESA from 1997 Conference Report of NIPILAR CEDAW spells clearly some procedures that are applicable. He states further to say that abuse is not allowed in their society. He further states that there are heavy penalties that are been imposed against men or husbands who abuse their women. The family of the woman can always take her back. Before she comes back to reconcile with her husband he has to pay certain penalties. For instance in the case of a remainder from Lobola, the husband is required to come up with the balance or part of the balance.
There are fines imposed as well. He further says that there are various forms of penalties that of they were to be applied, would ensure various forms of abuses do not continue to occur.

SECTION 2
Only refers to the duty to inform victim and applicant of rights by any member of the South African Police Service.
If traditional courts are taken seriously, it should be included the duty to inform the victim and applicant of rights by any member of SAP service or accredited traditional leaders representative to undertake such duties.
To imagine all what has to be told is too long to recite. We recommend simple language that would be understood by both parties.
Again Paragraph 2 of this section says that "protection order can be obtained form the Magistrate's Court at any time of the day or night" - Now for one who experiences abuse far way form the magistrate's court and who is bound by customary law in a domestic relationship this section is applicable to her but, the problem is accessibility.
It will be fair if there could be a clause that validates a form of traditional Protection order that is issued by an accredited appointee of the Traditional leader in each village. (Remember we bring justice to the People).

SECTION 3
This is restrictive, it can cause an uncontrollable problem at the end of the day. This must not only be restricted to a peace officer. Instead, this could read -any Peace officer or any member of the community at the scene of domestic violence can arrest the suspect or be reported to the Police Station or Traditional INKUNDLA.

CONCLUSION
In conclusion, checks and balances in combating domestic violence the traditional way has to take place. Check what worked, or is working and not working and develop a comprehensive legislation that does not leave behind the marginalised victims. Then since the application of law to such marginalised victims is known devise strategy to train public about such law enforcement.