TOUGH CHOICES

This research paper examines the challenges faced by lower court magistrates in South Africa when applying the Domestic Violence Act (DVA), specifically regarding protection orders. It highlights significant inconsistencies in judicial interpretation concerning the removal of abusers from shared homes, the granting of emergency monetary relief, and the regulation of contact between respondents and children.

• Magistrates are often reluctant to use section 7(1)(c) and 7(2) of the DVA to prohibit respondents from entering a shared residence, with some viewing such orders as tantamount to eviction, which they believe falls under the jurisdiction of the High Court.
• The general judicial practice is to prohibit a respondent from a shared residence only at the final stage of a protection order, unless the complainant is deemed to be in 'serious danger' of further abuse, in which case an interim order may be granted.
• There is a lack of consensus among magistrates regarding Emergency Monetary Relief (EMR). Some argue it should be used to address 'economic abuse'—such as defaulting on maintenance or rent—to provide immediate funds while maintenance court delays persist, while others believe EMR should only cover expenses that are a "direct result of domestic violence".
• Magistrates express caution and inconsistency when granting contact orders regarding children under section 7(6) of the DVA. Some argue that limiting contact at the interim (ex parte) stage is unfair to the respondent, while others contend that waiting until the final stage defeats the purpose of protecting children from imminent danger.
• Analysis of court records indicates that domestic violence against women has severe physical and psychological effects on children, including insomnia, acute anxiety, depression, eating problems, and aggressive behaviour.
• Magistrates have suggested the need for permanent social workers at courts dealing with domestic violence or the legislative requirement of a social worker's report to be attached to applications involving children.

APA

Institute for Security Studies (2004). TOUGH CHOICES. https://issafrica.org/01-jun-2004-sacq-no-8/tough-choices

Chicago

Institute for Security Studies. TOUGH CHOICES. 2004. https://issafrica.org/01-jun-2004-sacq-no-8/tough-choices.

Wikipedia

{{cite report |author=Institute for Security Studies |title=TOUGH CHOICES |date=1 June 2004 |url=https://issafrica.org/01-jun-2004-sacq-no-8/tough-choices |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{instituteforsecuritystudies2004tough, author = {{Institute for Security Studies}}, title = {{TOUGH CHOICES}}, institution = {Institute for Security Studies}, year = {2004}, month = jun, url = {https://issafrica.org/01-jun-2004-sacq-no-8/tough-choices}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }