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Implementation in Reality: Magistrates and the Domestic Violence Act

This dissertation examines magistrates' assessment of their experiences in implementing the Domestic Violence Act 116 of 1998. The data has been gathered from in-depth interviews with 6 magistrates from different magisterial jurisdictions in the Western Cape. This study has uncovered many barriers t...

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Main Author: Van Rooyen, Alexa
Other Authors: Moult, Kelley
Format: Thesis
Language:English
ENG
Published: Department of Public Law 2025
Subjects:
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access_status_str Open Access
author Van Rooyen, Alexa
author2 Moult, Kelley
author_browse Moult, Kelley
Van Rooyen, Alexa
author_facet Moult, Kelley
Van Rooyen, Alexa
author_sort Van Rooyen, Alexa
collection Thesis
description This dissertation examines magistrates' assessment of their experiences in implementing the Domestic Violence Act 116 of 1998. The data has been gathered from in-depth interviews with 6 magistrates from different magisterial jurisdictions in the Western Cape. This study has uncovered many barriers to implementation of the Act, the greatest issue being the lack of resources throughout the courts. Magistrates as well as the South African Police Services (SAPS) also do not receive adequate training. This results in inconsistency in domestic violence courts as well as problems with the return date at court. This study also acknowledges that socio-economic issues, such as drug addiction and gang violence play a role in the rise and perpetuation of domestic violence. President Cyril Ramaphosa has committed himself and the government to combatting domestic violence at both the 2018 and 2022 Presidential Summit. However, domestic violence is still on the rise. Building on the work of similar studies, this dissertation argues for the President and the government to acknowledge their failing efforts, and to improve the communication between themselves and those implementing the Act.
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institution University of Cape Town (South Africa)
language English
ENG
last_indexed 2026-06-10T12:35:39.950Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2025
publishDateRange 2025
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source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/41314 Implementation in Reality: Magistrates and the Domestic Violence Act Van Rooyen, Alexa Moult, Kelley domestic violence This dissertation examines magistrates' assessment of their experiences in implementing the Domestic Violence Act 116 of 1998. The data has been gathered from in-depth interviews with 6 magistrates from different magisterial jurisdictions in the Western Cape. This study has uncovered many barriers to implementation of the Act, the greatest issue being the lack of resources throughout the courts. Magistrates as well as the South African Police Services (SAPS) also do not receive adequate training. This results in inconsistency in domestic violence courts as well as problems with the return date at court. This study also acknowledges that socio-economic issues, such as drug addiction and gang violence play a role in the rise and perpetuation of domestic violence. President Cyril Ramaphosa has committed himself and the government to combatting domestic violence at both the 2018 and 2022 Presidential Summit. However, domestic violence is still on the rise. Building on the work of similar studies, this dissertation argues for the President and the government to acknowledge their failing efforts, and to improve the communication between themselves and those implementing the Act. 2025-04-01T08:51:51Z 2025-04-01T08:51:51Z 2024 2025-04-01T08:48:05Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/41314 en ENG application/pdf Department of Public Law Faculty of Law University of Cape Town
spellingShingle domestic violence
Van Rooyen, Alexa
Implementation in Reality: Magistrates and the Domestic Violence Act
thesis_degree_str Master's
title Implementation in Reality: Magistrates and the Domestic Violence Act
title_full Implementation in Reality: Magistrates and the Domestic Violence Act
title_fullStr Implementation in Reality: Magistrates and the Domestic Violence Act
title_full_unstemmed Implementation in Reality: Magistrates and the Domestic Violence Act
title_short Implementation in Reality: Magistrates and the Domestic Violence Act
title_sort implementation in reality magistrates and the domestic violence act
topic domestic violence
url http://hdl.handle.net/11427/41314
work_keys_str_mv AT vanrooyenalexa implementationinrealitymagistratesandthedomesticviolenceact