Domestic violence law discourse on course - Letso
LEKOPANYE MOOKETSI
Correspondent
| Friday April 16, 2010 00:00
Kokorwe was the one who tabled the Domestic Violence Bill in Parliament as a private member's bill because she was concerned about incidents of domestic violence. This was the first time that a Backbencher had succeeded at presenting such a bill in Parliament.
For a long time, she fought to table this bill. Kokorwe was consulting with gender movements and other stakeholders when she was drafting the proposed law.
It was only in 2008 that she managed to get the proposed legislation passed.
Since the bill was enacted, not much has been heard about the new law. It seems the domestic violence law is still to be applied.
Actually many people who are affected by domestic violence might not even be aware that there is such a law.However, Ministry of Labour and Home Affairs spokesperson, Mpho Letso said they are doing something to address the situation.
He said efforts are being made to sensitise the public and other stakeholders about the Act.
Letso said public awareness campaigns are still ongoing. He stated that the ministry is working closely with the Botswana Police Service, other government departments, the private sector, civil society and community leaders to publicise the Domestic Violence Act.
He said senior police officers were briefed on the Act during their conference in 2008. The participants included divisional and district heads from around the country.
A workshop was also organised to sensitise gender focal persons from six police districts.
A community leaders' workshop was held in Chobe and Kweneng districts to deliver the messages to councillors and chiefs about the Act.
Letso said they have also held press briefs about the Act. There have also been radio discussions about the legislation.He said a Domestic Violence Act workshop was later organised for Gaborone magistrates.
The official said they have also simplified the Domestic Violence Act and developed pocketsize booklets targeting the service providers and the general public.
He said the Women's Affairs Department is planning to call a stakeholder consultative meetings on the implementation of the Act. They are also going to develop posters and newspaper advertorials about the legislation.
The department would continue to carry out public education on the Domestic Violence Act. They would also conduct workshops for magistrates, lawyers and legal practitioners in the northern and southern parts of the country. Another workshop about the legislation will be organised for community leaders.
Letso said some of the challenges that they are faced with involve structural and human resource constraints especially as regards law enforcement and the judicial system. He said limited public education as well as resources constraints the ministry to conduct training for all stakeholders who will be at the forefront in implementing the Act.
The Domestic Violence Act is aimed at protecting people who are abused at home. The Act, which is gender neutral, deals with seeking orders.
An applicant may make an application in court for an interim or restraining order. They may issue an interim order when it is satisfied that domestic violence has occurred. It can also be issued when there is a serious risk of harm to the applicant. The order will ensure the immediate protection of the applicant.
An interim order may direct a public offer or deputy sheriff to remove the respondent from the residence. The order could also prohibit the respondent from committing an act of domestic violence or entering specific parts of the residence.
It could also restrain the respondent from entering the applicant's work place or communicating with the complainant. The interim order shall be served personally upon the respondent and shall provide for a return date. The court can also issue a tenancy or occupation order.
An occupation order shall grant the applicant or child, the exclusive right to live in the residence belonging to the applicant or respondent.