Domestic Violence Bill Sails Through Parliament

By Lekopanye Mooketsi
Correspondent | Monday February 11, 2008 00:00

This is the first time that a private member's bill has been passed by Parliament.

The proposed law is aimed at giving protection to people who are abused at home. The proposed law received overwhelming support from MPs, including men, since it is seen as being 'gender neutral'. Kokorwe applauded the MPs for supporting the bill. She said abuse affects everyone. She concurred with one of her colleagues who said 'domestic violence can also contribute to the spread of HIV infection'. 

She said the upbringing of children is crucial. She warned that children who are brought up in abusive families end up being abusers when they grow up. She said once the bill is gazetted into a law, there will be a need to educate members of the public about it.

'I agree there are laws like the marital law there but members of the public are not aware of them. We should teach members of the public about these laws,' said the legislator. Kokorwe said she would like to see her bill being enacted soon and enforced. Before tabling the Bill, Kokorwe consulted widely and lobbied other MPs. Once the bill becomes law, a police officer can accompany an abused person to his or her home to take his or her clothing to seek refuge elsewhere.

Part of the proposed law deals with orders. An applicant may make an application in court for an interim or restraining order. According to provisions of the proposed act, the court may issue an interim order ex parte where it is satisfied that domestic violence has occurred. It can also be issued when there is serious risk of harm to the applicant or the order will ensure the immediate protection of the applicant.

An interim order may direct a police officer or deputy sheriff to remove the applicant 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 court may authorise the issuing of a warrant of arrest of the respondent where it is satisfied that the applicant or child is under imminent danger from the respondent.

An interim order shall be served personally upon the respondent and shall provide for a return date upon which he or she may be heard. The court can also issue a tenancy or occupation order. According to the provisions of the bill, an occupation order shall grant the applicant or child the exclusive right to live in the resident occupied or belonging to the applicant or respondent.

A tenancy order shall grant the applicant or child the exclusive or non-exclusive tenancy of the residence with such order as to payment of rental or mortgage as shall be just. Where a lease agreement to a residence is in the name of the respondent and the applicant, who is not party to the agreement is granted an occupation or tenancy order, the landlord shall not evict the applicant on the basis that the applicant is not party to such lease agreement.

Unless the court directs otherwise, where an order is granted and the respondent was responsible for the payment of mortgage or the rent, he or she shall continue to be so responsible. The penalty for contravening the court order is a fine, not exceeding P5,000 or imprisonment term not exceeding two years or both.