South African Law Commission - Research Paper on Domestic Violence

Appropriate legislation to give effect to and reinforce the aforementioned international and national initiatives is of critical importance. It is clear that the law cannot be employed as a panacea for the ills of a complex social phenomenon such as domestic violence. However, when victims of domestic abuse do turn to the law for protection, the law should be effective and efficient in its response. Having regard to the Constitution of South Africa and the international commitments and obligations of the State towards ending violence against women and children, victims of domestic violence should be afforded the maximum protection by ensuring that the substance and procedures of domestic violence legislation are well tailored to the needs of those suffering abuse in a domestic context.