TOUGH CHOICES: Difficulties facing magistrates in applying Protection Orders

Authors

  • Lillian Artz University of Cape Town

DOI:

https://doi.org/10.17159/2413-3108/2004/v0i8a1037

Keywords:

Domestic Violence Act, domestic violence, South Africa, courts, magistrates, implementation

Abstract

The second in a series of articles on the Domestic Violence Act considers some of the most difficult issues that magistrates must decide on. These include the temporary removal of the ‘abuser’ from the common home, emergency monetary relief for ‘victims’, and orders specifying the terms of contact with children. Magistrates’ opinions on these controversial issues vary greatly, with the result that victims get uneven assistance from the courts. Magistrates, however, argue that the variation of opinion reflects their independence and discretion, as well as the various capacities of the lower courts to implement the Act.

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Author Biography

Lillian Artz, University of Cape Town

Gender, Health & Justice Research Unit

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Published

2006-03-08

Issue

Section

Research articles