The story behind peace orders for domestic violence

WHEN Anshu Padaychee and I set up the Advice Desk for the Abused, in 1986, we listened to many women who were victims of domestic violence. It was clear to us that what they wanted was protection for themselves and their children and for their husbands and /or partners to stop the violence on them. At the time, the only available remedies against family violence were to lay a charge of assault or apply for a divorce.

Anshu had the idea that we should ask for a meeting with the chief magistrate of Durban to discuss what can be done in the lower courts for urgent relief for victims of domestic violence.

I was a young attorney and had experienced apartheid daily in the courts. We were not received with any respect by the magistrates and were afraid to enter their offices - as they usually had their booted feet on their desks - when we spoke with them.

But we overcame our fears and went together, on appointment, to the office of the chief magistrate in Durban. To our surprise we were received well and the chief and the deputy chief were interested to address the problem we raised. However, they did not know how to do so, since the only measure that the courts had at the time was the criminal prosecution of crimes.

This is when I pulled out my textbook on criminal procedure and pointed to the issue of Peace Orders under Section 384 of the Criminal Procedure Act, No. 56/1955.

We convinced the chief magistrate to use this section of the law( which is still the law since subsequent amendments did not repeal this section) for victims of domestic violence to obtain restraining orders against their violators. Our arguments were accepted by the chief magistrate and he instructed all the magistrates to issue orders, called "peace order".

This is how peace orders became of common use for protection against domestic violence.

Navi Pillay served as High Commissioner of the OHCHR, the UN Human Rights Office from 2008-2014. She was the first non-white woman judge of the High Court of South Africa.

** The views expressed do not necessarily reflect the views of IOL or Independent Media. 

THE POST