Legal Aid for Victims of Domestic Violence in SA

In addition to providing crucial legal services to victims of gender-based violence (GBV) as they pursue criminal cases and protection orders / restraining orders against their abusers, LvA also works to hold state actors such as police officers and prosecutors accountable for any mistreatment of victims and/or failure to fulfill their legal obligations in GBV cases. See Joyce's case below for one such example.

Joyce* (name changed) was first referred to LvA by a police officer who noted that there appeared to have been some misconduct by the investigating officer assigned to Joyce’s sexual assault case during the course of the investigation. LvA learned that the investigating officer assigned to the case pressured Joyce to withdraw the case and even told the Joyce’s colleague, who was also a witness in the case, that the case “wasn’t going anywhere” and that Joyce would be better off withdrawing the case. In addition, the investigating officer refused to consider a recording of the perpetrator explicitly confessing to the sexual assault, telling the victim that it was not necessary. This conduct left Joyce feeling discouraged and caused her to question whether her case was being treated with the seriousness that it deserved. Due to the investigating officer’s failure to include this crucial piece of evidence in the docket, the prosecutor decided not to prosecute the case due to insufficient evidence.

In response, LvA engaged with the Department of Community Safety who are responsible for investigating instances of police misconduct, bringing Joyce's case to their immediate attention. Through this collaborative effort, the Department swiftly addressed the misconduct exhibited by the investigating officer, requiring him to provide an explanation for the omission of evidence from the docket. In addition, the Department will be facilitating a meeting between the relevant prosecutor and Joyce to explore the possibility of re-opening her case in light of the omitted evidence. LvA is continuing to monitor this case and follow up with the Department regularly to ensure that the case is re-opened.

Such treatment by investigating officers not only results in further trauma for the victim, but can also have a profound impact on a victim’s willingness to move forward with a criminal case, thereby contributing to high levels of attrition seen in cases of sexual violence. In addition, scepticism and lack of support from the police undermines victims' trust in the justice system and perpetuates a culture of silence and under reporting. LvA's intervention not only provided Joyce with a renewed sense of hope but also reinstated her confidence in the ability of the criminal justice system to seek justice on her behalf. It was important for Joyce to realize that she was not alone in her pursuit of justice and that her experience mattered. This case also highlights the important role of collaborative partnerships in holding state actors accountable and ensuring that victims of sexual violence receive the comprehensive support they deserve.

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Since opening our doors in Orange Farm in 2021, LvA has provided critical legal services to over 400 victims of gender-based violence (GBV). Perhaps surprisingly, a number of our clients are elderly women who experience abuse at the hands of their adult children. One such case was that of Mrs. Maloi (name changed).  

In February 2021, Mrs Moloi* was referred to LvA by nurses from Stretford Clinic for assistance with her criminal case after being assaulted by her 19-year-old son. He is a drug addict who steals from her home on a regular basis to support his habit. He has repeatedly assaulted her and threatened to stab her with a knife. She has filed several criminal charges against him, including theft and assault. However, she described each of these attempts as "pointless" because he would be arrested and then released back to her care after a few days. This has been the ongoing cycle since 2018. Her attempts to apply for a protection order had proven to be just as futile. Her most recent attempt being in January 2021. At the time she was referred to LvA, the interim protection order had yet to be served on her son. Despite calling the Orange Farm SAPS for help on several occasions, no vehicles had been dispatched to come to her aid. Shortly after her consult with LvA, Mrs Moloi’s son threatened her with violence once more. Again, she called the police. And yet again, no vehicle was sent to her home to assist her.

LvA contacted the Investigating Officer (IO) assigned to her most recent criminal case to request that the police intervene. The IO responded that he couldn't act without a warrant of arrest, and that the court would only issue one after Mrs Moloi's son was served with the interim protection order. LvA then escalated the matter to a senior police official who instructed that a vehicle be dispatched to assist with service. Although Mrs Moloi and LvA's legal officer had to wait at the police station for an hour before a vehicle was made available, the interim protection order was successfully served on her son thanks to LvA's intervention.

The next step was for Mrs Moloi to travel to Vereeniging Magistrate’s court to retrieve the warrant of arrest. However, the domestic violence court clerk was dismissive of Mrs Moloi’s request for help and informed her that she could not apply for a warrant of arrest with an interim protection order, which was incorrect. Mrs Moloi called our office in tears to say that the court staff refused to assist her. LvA’s legal officer contacted the Court Manager, responsible for supervising the court clerks, and alerted him to the clerk’s refusal to carry out his duties under the Domestic Violence Act. It was after this phone call that Mrs Moloi was issued with the warrant of arrest. In addition, LvA submitted a misconduct report to the Department of Justice outlining the clerk’s behaviour. A few weeks after the incident occurred, LvA received news that the clerk had been removed from the Domestic Violence court. LvA later assisted in ensuring that the perpetrator was arrested. In December 2021, the perpetrator pled guilty to two counts of assault GBH and theft. However, he received a wholly suspended sentence from the court and thus did not serve any time in prison.

In January 2022, Mrs Moloi informed LvA that the perpetrator had assaulted her once again and that she had opened another criminal case against him. She told us that she had informed the IO assigned to the case that her son had been convicted of a similar charge against her last year and had been given a suspended sentence. LvA wrote a letter opposing bail, which was entered into the docket and used during the proceedings. The perpetrator was denied bail and remained incarcerated throughout the trial. Over the next several months, LvA continued to provide the client with ongoing support in her criminal case. At last, in September 2022, her son was convicted and sentenced to serve a term of five years in prison. After assisting the client for almost two years, LvA shared in the client’s joy knowing that she could finally live in peace.

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LvA's mission is to ensure meaningful access to justice for victims of gender-based violence by providing legal services and psychosocial support, empowering communities and engaging state actors. Rarely is this process straightforward and is often, instead, filled with highs and lows for each of our clients. One such story was that of Mrs Moloi*, who LvA journeyed with over a two-year period before finally securing justice on her behalf. 

In February 2021, Mrs Moloi* was referred to LvA by nurses from Stretford Clinic for assistance with her criminal case after being assaulted by her 19-year-old son. He is a drug addict who steals from her home on a regular basis to support his habit. He has repeatedly assaulted her and threatened to stab her with a knife. She has filed several criminal charges against him, including theft and assault. However, she described each of these attempts as "pointless" because he would be arrested and then released back to her care after a few days. This has been the ongoing cycle since 2018. Her attempts to apply for a protection order had proven to be just as futile. Her most recent attempt being in January 2021. At the time she was referred to LvA, the interim protection order had yet to be served on her son. Despite calling the Orange Farm SAPS for help on several occasions, no vehicles had been dispatched to come to her aid. Shortly after her consult with LvA, Mrs Moloi’s son threatened her with violence once more. Again, she called the police. And yet again, no vehicle was sent to her home to assist her.

LvA contacted the Investigating Officer (IO) assigned to her most recent criminal case to request that the police intervene. The IO responded that he couldn't act without a warrant of arrest, and that the court would only issue one after Mrs Moloi's son was served with the interim protection order. LvA then escalated the matter to a senior police official who instructed that a vehicle be dispatched to assist with service. Although Mrs Moloi and LvA's legal officer had to wait at the police station for an hour before a vehicle was made available, the interim protection order was successfully served on her son thanks to LvA's intervention.

The next step was for Mrs Moloi to travel to Vereeniging Magistrate’s court to retrieve the warrant of arrest. However, the domestic violence court clerk was dismissive of Mrs Moloi’s request for help and informed her that she could not apply for a warrant of arrest with an interim protection order, which was incorrect. Mrs Moloi called our office in tears to say that the court staff refused to assist her. LvA’s legal officer contacted the Court Manager, responsible for supervising the court clerks, and alerted him to the clerk’s refusal to carry out his duties under the Domestic Violence Act. It was after this phone call that Mrs Moloi was issued with the warrant of arrest. In addition, LvA submitted a misconduct report to the Department of Justice outlining the clerk’s behaviour. A few weeks after the incident occurred, LvA received news that the clerk had been removed from the Domestic Violence court. LvA later assisted in ensuring that the perpetrator was arrested. In December 2021, the perpetrator pled guilty to two counts of assault GBH and theft. However, he received a wholly suspended sentence from the court and thus did not serve any time in prison.

In January 2022, Mrs Moloi informed LvA that the perpetrator had assaulted her once again and that she had opened another criminal case against him. She told us that she had informed the IO assigned to the case that her son had been convicted of a similar charge against her last year and had been given a suspended sentence. LvA wrote a letter opposing bail, which was entered into the docket and used during the proceedings. The perpetrator was denied bail and remained incarcerated throughout the trial. Over the next several months, LvA continued to provide the client with ongoing support in her criminal case. At last, in September 2022, her son was convicted and sentenced to serve a term of five years in prison. After assisting the client for almost two years, LvA shared in the client’s joy knowing that she could finally live in peace.  

Links:

• Check out our website to learn more!

A key component of LvA's model is to provide our clients, who are primarily women and children who have experienced some form of violence and/or abuse, with comprehensive and holistic support services. These services include legal services, including assisting with a protection order or providing support in a criminal case, and therapy and counseling. 

In Diepsloot, one of the communities where we work, LvA has provided direct legal services to 319 GBV victims and family members affected by GBV over the last two years. Specifically, LvA provided comprehensive support to 137 clients pursuing criminal cases of rape, statutory rape, attempted rape, sexual assault, assault, and child abuse, working closely with state actors in each case to ensure that GBV laws are enforced, and victims are treated with dignity and respect. LvA also assisted 124 clients seeking a protection order, including completing the application, advising on submission and service procedures, engaging with the police for service as needed, preparing the client for the final hearing, and following up regarding outcomes. 

In order to ensure that our client's mental health needs were met, LvA also provided therapy and counseling to 207 GBV victims. Specifically, LvA facilitated 1,310 individual therapy and counselling sessions with 165 clients, 45 family therapy sessions for five families in situations where the trauma was indirectly experienced by more than one family member, and 147 group therapy sessions for 78 participants divided into the following five groups: 7 - 11 years old, 12 – 14 years old, 15 - 18 years old, minors with cognitive impairments and adult GBV victims.

Through this strategic combination of legal and psychosocial support, LvA empowered 402 GBV victims to realise available legal rights and remedies as they pursued either a protection order and/or criminal case against their perpetrator. In addition, through LvA’s empowerment-based approach, we work with our clients in a way that encourages them to take ownership over their legal process and to exercise their agency as and when needed. For example, when assisting a client in obtaining a protection order, LvA's legal officers ensure that the client understands what to do if the order is violated (in addition to coming back to LvA for help). As such, we were encouraged when one of our clients reported to us that when her boyfriend continued to abuse her after being served an interim protection order, she reported the violation to the police station on her own, and her partner was arrested for violating the protection order.

Further, clients who received therapy or counselling services appear to have experienced significant shifts during their sessions. We have observed clients’ increased commitment to their counseling processes. For example, we had previously noticed a pattern where clients would stop coming for counselling once their legal needs have been met (e.g., once they have been granted a final protection order by the court). However, we now see increasing numbers of clients continue with their counselling process beyond the conclusion of their legal process. We have also seen an increase in the number of clients willing to leave their abusive partners for their own safety and that of their children.

This work would not be possible without the support of our generous donors. So thank you for your commitment to addressing gender-based violence in South Africa and ensuring that victims of violence have access to the support they need. 

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Founded in 2011, Lawyers against Abuse (LvA) is a non-profit organisation that works to strengthen the justice system’s response to gender-based violence (GBV) by providing holistic legal services and therapy for victims, working with state actors and empowering communities. Through our community-based centres in Diepsloot, Orange Farm and Hillbrow, we assist victims secure protection orders and pursue criminal cases of GBV and work closely with local police and court officials to ensure that victim’s rights are respected and that the justice system responds effectively and efficiently to these crimes. We also care for victim’s mental health needs through individual and group-based therapy and counseling and empower community members with information about their rights, legal remedies and available support services.

Over the last ten years, we have provided critical assistance to over 1,600 victims, each with their own unique story. For example,

Andiswa* was seven years old when she and her friend were attacked and raped by a “family friend” when walking home from public swimming pool. Over the next three years, LvA’s legal and psychosocial teams worked together to provide Andiswa with comprehensive support. Andiswa began receiving individual therapy in 2019 and, in 2021, also began participating in a group therapy with other children her age who had also experienced some form of sexual violence. At the same time, LvA’s legal team supported Andiswa and her family throughout the criminal case against the perpetrator, liaising with the investigating officer and prosecutor assigned to the case throughout the investigation and pre-trial stages and accompanying them for trial hearings. Although the trial was scheduled to begin in early 2020, the case suffered numerous postponements due to the COVID-19 pandemic. When Andiswa was finally called to testify in March 2021, she surpassed everyone’s expectations as she was able to articulate her story clearly and bravely identify the man who raped her and her friend without wavering. Andiswa was later awarded a Certificate of Bravery by the National Prosecuting Authority for her testimony. In May 2021, the perpetrator was found guilty and received a 25-year sentence.

Sophie* was abused by her boyfriend and would occasionally have to miss work due to the severity of the abuse. When Sophie first began her counseling sessions, she was overwhelmed by feelings of fear, shame and guilt. LvA’s social worker helped her to understand the emotions she was experiences were a natural consequence of the trauma she had endured which, in turn, helped to normalise these reactions for Sophie. Over time, she demonstrated gradual improvements in her mental state including regaining an interest in her work, establishing regular sleeping patterns and implementing healthier coping strategies. Through these sessions, Sophie began to regain a sense of control over her life and decided to stand up against her abuser. Over the next several months, Sophie worked with LvA’s legal team to secure a protection order against her abusive partner.

After having been sexually abused by her step-father as a child and witnessing his ongoing physical abuse of her mother, 20-year-old Thembeka* worked with LvA’s therapist for over a year to regulate her anxiety and re-affirm her self-worth. After witnessing these positive changes, Thembeka’s mother, Mpumelelo*, agreed to come for counselling. Over the next five months, Mpumelelo worked with LvA’s social worker to explore the possibility of leaving her abusive partner, including developing a plan and identifying family members who could assist. Mpumelelo also agreed to work with LvA’s legal team and successfully secured a protection order against her abusive partner. Shortly thereafter, Mpumelelo bravely packed her and her children’s belongings and left her partner after 15 years of abuse. With their newfound freedom, Mpumelelo and Thembeka have both secured employment and are committed to continuing with their respective growth journeys.

*Names have been changed to protect the confidentiality of LvA’s clients.

With your support, LvA can provide critical assistance to hundreds of other women and girls in situations like Andiswa, Sophie, Thembeka and Mpumelelo. To learn more about our work, please visit our website at www.lva.org.za.

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