Evaluating the applicability of the UK domestic violence disclosure scheme in a South African context: practicalities and constitutional implications
| dc.contributor.advisor | Muller, Errol | |
| dc.contributor.author | Zazo, Getsia Refilwe | |
| dc.date.accessioned | 2022-02-28T11:50:02Z | |
| dc.date.available | 2022-02-28T11:50:02Z | |
| dc.date.issued | 2019-01 | |
| dc.description.abstract | Femicide and other domestic violence-related offences have reached disastrous proportions in South Africa, with the country having been reported as having five times more than the global rate of domestic violence incidences. As does the rest of the world, the United Kingdom also grapples with the scourge of domestic violence. This research is aimed at evaluating a law applied in the United Kingdom, termed the Domestic Violence Disclosure Scheme (DVDS), or “Clare’s law”. In terms of this law, potential victims of domestic violence are allowed to apply for disclosure of their partners’ previous records. This is meant to afford the applicant a chance to make a decision whether to remain in the relationship, seek help, or to leave the relationship. The study focuses on explaining how the DVDS originated, and what effect it has had in the United Kingdom as well as in other jurisdictions that have since adopted similar laws, such as Australia, Scotland, and New Zealand. Since in the South African setting the Constitution is the supreme law of the country, this study looks into the constitutional implications of introducing legislation similar to the DVDS in South Africa. Furthermore, the effect on the Promotion of Access to Information Act 02 of 2000 (PAIA), together with an applicant’s constitutional rights to life, dignity and access to information, are weighed against the requirements of the Protection of Personal Information Act 04 of 2013 (POPI) and the subject’s constitutional rights, such as the right to privacy, and to be presumed innocent until proven guilty. The research unpacks various efforts by both the State and Non-Governmental Organizations (NGOs) to eradicate domestic violence in South Africa. Endeavours such as 16 Days of Activism for No Violence against Women and Children, the Kopanong Declaration, National Action Plan to End Domestic Violence, and the Establishment of Thuthuzela Care Centres are likewise examined. The strengths and weaknesses of the Domestic Violence Act 116 of 1998 (DVA) and the viability of legislation similar to the DVDS are expounded by looking into factors such as personnel and infrastructure availability, and other factors that may affect the applicability of the law. The conclusion of the study recognises the need for the introduction of a law similar to the DVDS in South Africa. Legislative amendments to both the PAIA and the DVA are recommended to allow for disclosure of information about a person’s previous records in deserving cases. | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11660/11464 | |
| dc.language.iso | en | en_ZA |
| dc.publisher | University of the Free State | en_ZA |
| dc.rights.holder | University of the Free State | en_ZA |
| dc.subject | Dissertation (LL.M. (Public Law))--University of the Free State, 2019 | en_ZA |
| dc.subject | Domestic violence | en_ZA |
| dc.subject | Femicide | en_ZA |
| dc.subject | Gender-based violence | en_ZA |
| dc.subject | Domestic violence disclosure scheme | en_ZA |
| dc.subject | Clare’s law | en_ZA |
| dc.subject | Disclosure of previous convictions or records | en_ZA |
| dc.title | Evaluating the applicability of the UK domestic violence disclosure scheme in a South African context: practicalities and constitutional implications | en_ZA |
| dc.type | Dissertation | en_ZA |