Domestic Violence

The Domestic Violence Act 116 of 1998 allows a victim of domestic abuse or violence to seek a Protection Order from the Magistrate’s Court against the person who is committing the abuse. Read more on Domestic Violence.

Quick Info:

• Apply for a Domestic Violence protection order
• Request a further warrant of arrest of a Domestic Violence respondent
• Make an affidavit regarding contravention of a Domestic Violence protection order
• Apply for variation or setting aside of a Domestic Violence protection order
• Forms

Anti-Femicide

In 2018, the Department of Justice and Constitutional Development heeded to the UN call and commenced with the establishment of the very first Femicide Watch in the African continent. The Femicide Watch is the repository of all cases of femicide in a country and is established to assist in the following:
(i) Capture and track down every femicide case; (ii) Carefully analyse data to determine trends and profiles of offenders and victims; (iii) Develop responsive and impactful policies, laws, programmes and initiatives; (iv) Channel resources for intervention to areas of need; (v) Periodically publish the Femicide Watch to raise awareness on femicide and keep the country’s memory alive to the realities of the tragedies, as a prevention measure, etc. Read more on Anti-Femicide.

Sexual Offences

The Criminal Law (Sexual Offences and Related Matters) Amendment Act, No. 32 of 2007 helps intensify South Africa’s efforts to fight sexual crimes against all persons and, especially, sexual offences being committed against vulnerable groups, including women, children and people who are mentally disabled. Read more on Sexual Offences.

National Register for Sex Offenders (NRSO)

The cornerstone of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (SORMAA), is the National Register for Sex Offenders (NRSO). As part of curbing the prevalence of sexual offences in South Africa, the Department of Justice and Constitutional Development has, in terms of Chapter 6 of the Act, implemented the National Register for Sex Offenders on 30th June 2009. Read more on National Register for Sex Offenders (NRSO).

National Register for Sex Offenders (NRSO) aims to stop the spate of incidents against children and mentally disabled people.

• The NRSO was established by an Act of Parliament in 2007.
• It is a record of names of those found guilty of sexual offences against children and mentally disabled people.
• The register gives employers in the public or private sectors such as schools; crèches and hospitals the right to check that the person being hired is fit to work with children or mentally disabled people.
• Being found guilty of a sexual offence against a child or mentally disabled person will result in one’s name being put on the National Register.
• The Register seeks to ensure that offenders do not work with children or mentally disabled people.
• Convicted offenders are also not allowed to apply for foster care or adoption, or to work with children.
• Employers can find out whether the people they put in charge of their children have not been found guilty of sexual offences in terms of the law.

• Frequently Asked Questions (FAQ)
  
• Forms

Child Justice

The aim of the Child Justice Act, 2008 (Act 75 of 2008) is to set up a child justice system for children in confl ict with the law. This means that children under the age of 18, who are suspected to have committed crime, will not be dealt with in terms of the normal criminal procedure which is used for adults, but the child justice process will be followed. The CJA seeks to ensure that child justice matters are managed in a rights-based manner and to assist children suspected of committing crime to turn their lives around and become productive members of society by engaging with the child in restorative justice measures, diversions and other alternative sentencing options. Read more on Child Justice.

Quick Info:

• Protection for children accused of crime
• Forms

Trafficking in Persons

More often the crime of trafficking in persons involves amongst others domestic violence, the following but not limited to, may be identified on a victim: Poor physical and mental health condition, Language barriers if victim is international, Fear of health care workers, Fear to reveal the in depth situation when confronted by health care workers and The trafficking live in partner may offer to translate there – by giving distorted information. Read more on trafficking in persons.

Restorative Justice

Restorative Justice is an approach to justice that aims to involve the parties to a dispute and others affected by the harm (victims, offenders, families concerned and community members) in collectively identifying harms, needs and obligations through accepting responsibilities, making restitution, and taking measures to prevent a recurrence of the incident and promoting reconciliation.

Expungements

Information on expungement of a criminal record in terms of the Child Justice Act, 2008 (Act 75 of 2008) and expungement of a criminal record in terms of the Criminal Procedure Act, 1977 (Act 51 of 1997). Read more on expungements/ clearing of a criminal record.

• Forms

Witnesses

Information on what to expect when you have to testify as well as information on witness fees, etc. Read more on being a witness.