Resolution: B75-98
Report of the Portfolio Committee on Justice on the Domestic Violence Bill [B75-98] (National Assembly-sec 75), dated 30 October 1998, as follows:
The Portfolio Committee on Justice, having considered the subject of the Domestic Violence Bill [B75-98] (National Assembly-sec 75), referred to it, submits the Domestic Violence Bill [B 75B-98] (National Assembly-sec 75).
The Committee wishes to report further as follows:
1. During the public hearings on the Bill and in the submissions made to the Committee, various complaints were raised regarding the manner in which State structures are dealing with matters emanating from domestic violence. The Department of Justice and the South African Police Service should take cognisance of these submissions, and are requested to prepare a memorandum on the steps which are being taken with the view to the implementation of the new legislation. The said document should be submitted to Parliament within six months of the passing of this Bill.
2. Thorough training of the members of the South African Police Service will be central to the successful implementation of many aspects of this new legislation. All such members must be properly informed of their duties in terms of this legislation. The Committee is very supportive of the South African Police Service's present initiative to draft national guidelines to be circulated to all members regarding domestic violence, similar to the guidelines on sexual offences. The Committee would like to draw attention to Clause 13(5) of the Bill, in terms of which these guidelines must also be submitted to Parliament.
3. In South Africa there is no substantial criminal offence of "domestic violence". The Committee would like the Department of Justice to investigate the desirability of creating such an offence, including other offences that arise out of domestic violence situations, such as "stalking", "harassment" and certain forms of intimidation.
4. The Committee would also like to request that the Department of Justice should particularly endeavour to ensure that all forms (to be prescribed in terms of the regulations) which must be completed or issued to victims of domestic violence, will be user-friendly and written in a language that is easily understandable.
5. The Committee wishes to point out that the Bill as introduced contained two Clauses which purported to re-enact two sections that are presently contained in the Prevention of Family Violence Act, 1993, dealing with-
(1) an obligation to report ill-treatment of children; and
(2) the criminalising of marital rape.
However, the Committee is of the view that these matters should be dealt with in the Child Care Act, 1983, and the envisaged Sexual Offences Act, respectively. The Committee considered retaining these Clauses in the Bill as an interim measure, but decided that it will be more appropriate not to repeal them, and to retain them in the Prevention of Family Violence Act, 1993, pending the re-enactment thereof in suitable legislation. Consequently, the Committee would like to urge the Departments of Justice and of Welfare to prepare the necessary amendments as soon as possible.
6. The Committee requests the Department of Justice to report back to it on all aspects raised in this resolution within six months from the date of the resolution and to submit copies of the Bill, this resolution and all documents emanating from the resolution to all relevant role-players.