LME3701 Assignment 2 Semester 2 Due 27 September 2024
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Course
Legal Research Methodology
Institution
University Of South Africa
Book
Methodologies of Legal Research
Your work at a legal research institute focusing on human rights. Recently you noticed
that the issue of
domestic violence has been receiving a lot of attention. You noticed that there is no
crime labelled
"domestic violence" (even though there is such a crime in some other jurisdictions) and...
By employing both historical and comparative approaches, this research proposal
outlines a comprehensive examination of the criminal law response to domestic violence
in South Africa. The historical approach reflects on the evolution and current state of
domestic violence legislation, highlighting gaps and enforcement challenges. The
comparative approach provides insights from jurisdictions where domestic violence is
expressly recognized as a crime, suggesting pathways for reform in South Africa's legal
framework. Together, these methodologies form a robust basis for understanding the
current legal landscape and advocating for improvements that uphold victims'
constitutional rights and ensure effective legal redress.
Title: A Historical Analysis of the Criminal Law Response to Domestic Violence in
South Africa
Introduction: Domestic violence is a pervasive and devastating issue in Sou th Africa,
with far-reaching consequences for victims, families, and society as a whole. Despite
the introduction of the Domestic Violence Act 116 of 1998, domestic violence remains a
significant challenge in South Africa. This research proposal aims to in vestigate the
historical development of domestic violence laws in South Africa, examining the
legislative milestones, court cases, and policy initiatives that have shaped the criminal
law response to domestic violence.
Background
Prior to the introduction of the Domestic Violence Act 116 of 1998, domestic violence
was not explicitly criminalized in South African law (Khan, 2011). The concept of
domestic violence was largely ignored, and victims were often viewed as complicit in
their own abuse (Ramphele, 2012). However, the introduction of the Domestic Violence
Act marked a significant shift towards recognizing domestic violence as a serious crime
that requires legal intervention.
Objectives
The primary objectives of this research are:
1. To examine the historical development of domestic violence laws in South Africa
since the introduction of the Domestic Violence Act 116 of 1998.
2. To identify key legislative milestones, court cases, and policy initiatives that have
shaped the criminal law response to domestic violence in South Africa.
3. To analyze the impact of these legislative milestones, court cases, and policy
initiatives on the criminal law response to domestic violence in South Africa.
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