Nisaa would like to invite interested organizations and individuals to join us in this campaign. After having read the memorandum below, please feel free to write to the Minister of Justice voicing your support for this campaign. Alternatively, we will make available postcards to interested organizations and individuals. Organizations are asked to distribute the postcards to their clients for their signatures of support. Clients are requested to then send the postcards to the Minister of Justice. Postage on the postcard has been prepaid from anywhere in South Africa.

The aim of the campaign is to try and secure the rights of women as well as to promote the safety and security of women coming from abusive relationships. We are aware that the South African Law Commission together with other Non Governmental Organizations have made submissions to have the Prevention of Family Violence Act made more user friendly, however, these have yet to be tabled in Parliament. This campaign will also support the work done by the South African Law Commission and other Non Governmental Organizations.

Should you or your organization be interested in joining this campaign, kindly inform us in writing the number of postcards you require.

Your participation and commitment to this process is vital to the success of this campaign. We look forward to your participation in improving the status of women who are abused in South Africa.

Thanking you in anticipation.

Yours faithfully

Fatima Shaik Nisaa Deputy Director

27 May 1998

The Minister of Justice
Minister Dullah Omar
Private Bag X 276
Pretoria
0001

Dear Minister Omar

Women's Rights Campaign: UN Declaration of Human Rights - 50th Anniversary

South Africa has achieved a landmark victory in having one of the most progressive constitutions in the world. To translate these new rights and freedoms for women who have been abused at the hands of their partners (women on the ground who need to reap the benefits of the constitution),The Nisaa Institute for Women's Development is embarking on a human rights campaign in keeping with the 50th Anniversary of the United Nations Declaration of Human Rights.

The issues of concern which we would like you to address immediately are outlined in an attached memorandum. We are aware of your sensitivity in attempting to promote women's empowerment and therefore take this opportunity to invite you to enable us to empower women who are oppressed at the bottom rung of the South African ladder.

It is our honour to invite you to receive the memorandum at the Nisaa Annual General Meeting together with the first postcard which will be used as a lobbying tool.

Postcards will be given to an interested array of organizations and individuals. Your department will therefore be inundated during the course of 1998 to achieve the rights that have been outlined in the memorandum. This campaign will officially be launched at the Nisaa Institute for Women's Developments', 4th Annual General Meeting at which Judge Goldstone has agreed to be the keynote speaker.

We look forward to your participation and commitment to improving the status of women in South Africa.

Thanking you in anticipation.

Yours Faithfully

__________________

Zubeda Dangor
Director

Memorandum to the Minister of Justice: Women's Rights Campaign

South African Women's rights are guaranteed in the new constitution. Every person is equal before the law and has the right to equal protection and benefit of the law (section 9, Equality). Every person has inherent dignity and has the right to have their dignity respected and protected (section 10, Human Dignity). Every person has the right to freedom, which includes the right to bodily and psychological integrity . This includes the right to security in and control over their body (section 12, Freedom and Security of the person).

Constitutional rights have however, to be translated into legal and practical rights for women who have been abused.

One piece of legislation which seeks to give substance to the rights enshrined in the Constitution, is the Prevention of Family Violence Act, Act 133 of 1993. In terms of this Act, women are entitled to obtain interdicts to prevent family violence.

In order to achieve the effective implementation of these rights, we require the full and unwavering support of the Minister of Justice, to ensure that officials entrusted with the important task of enforcing the act, do so.

We demand:

1. The state pay sheriffs fees for all domestic violence interdicts.

Violence against women is linked to the economic disempowerment of women. Many women are prevented from leaving abusive relationships due to their financial dependence on the abuser.

The state has made a remedy available to women to protect themselves from domestic violence through the Prevention of Family Violence Act. However, this Act is rendered useless when women are required to pay the sheriff's fees, which they cannot afford, for serving the interdict on the abuser. The state has a duty to protect women from violence, therefore in cases where a woman lacks the resources to obtain an interdict, the state has a duty to cover the costs of service of the interdict.

2. The police arrest abusers when a breach of the interdict is reported.

In terms of the Prevention of Family Violence Act, a police officer is required to arrest an abuser as soon as a breach of the interdict is reported. Many police officers however, exercise an unauthorized discretion and either warn an abuser without arresting him, or insisting that a woman lay a criminal charge of assault before they arrest the abuser.

This is unacceptable behaviour on the part of a police service which has identified domestic violence as a priority crime. In addition, we urge the Independent Complaints Directorate to pursue all investigations against police officers who do not arrest abusers when a breach is reported.

3.The courts issue all requested interdicts instead of less effective restraining orders/peace orders.

In terms of the Prevention of Family Violence Act, a certain category of abused person is entitled to obtain an interdict. However, in many instances where women request interdicts, clerks of the court are issuing less effective peace orders. This is based on a personal aversion to issuing too many interdicts. This too is an unauthorized discretion exercised by the clerks.

We demand that where a woman qualifies for an interdict in terms of the Act, that clerks immediately issue these interdicts.

4. The state assist abused women to access legal aid.

Women coming from abusive backgrounds are often not aware of their legal rights and have little access to financial resources. They are often unable to obtain legal advice and assistance.

Clerks who come into contact with abused women have the opportunity to assist women to access legal aid. We urge that they be required to provide women with information as to their legal rights.

5. The state undertake training for all relevant departmental personnel for improved service delivery.

Women using the courts often suffer secondary victimization because the court personnel do not understand the issues around violence against women. Insensitive and uninformed behaviour by court personnel further traumatize the abused women. Increasingly women are reluctant to enforce their rights through court procedures.

We urge the implementation of training for all law enforcement agents as set out in Justice Vision 2000.

6. Legislation for perpetrator who stalk their partners be addressed.

There is no legislation which addresses the problem of stalking. Most women report being stalked after separation or even divorced and no legislation is in place to assist them in this regard.

Appendix
Article 1,2 and 3.
Recommendations 12 and 19.