A critical analysis of the courts' approach to cases of domestic violence

Abstract

None provided. The author's introduction follows:

At the moment one of the biggest problems facing Namibian women is violence. It has been estimated that 16 000 women are raped each year in Namibia and up to half of Namibia's women and children are victims of domestic violence. The problem is not unique to Namibia. According to recent United Nations reports it exists in all regions, classes and cultures. Women all over the world and from all walks of life are at risk from violence in the home, usually at the hands of their husbands or partners. Although the exact number of abused women will probably never be known, available information indicates unequivocally that domestic violence is a common and a serious problem in developed and developing countries

Although domestic violence is common and widespread, it has traditionally been perceived as a private, family problem beyond the scope of the state responsibility. In the past husbands had the legal right to punish wives with impunity. This is still evident in many parts of Namibia where there is still a prevailing social attitude that men have the right to control women

The Namibian Constitution clearly requires women and men in Namibia to be equal before the law. Surely this must be interpreted to mean that the law will accord them equal dignity and respect. There is no place for a culture of violence in a society based on a principle of sexual equality. For the past few months members of the public have petitioned to the Ministry of Justice calling for law reform. Although many of the individuals argue that legal reform alone cannot alter the attitudes which are deeply imbedded in our society, but at least signals can be send out that the prevailing violence will not be condoned by the law or by the courts. What the law can do is reflect the fact that domestic violence is a serious crime; a crime which warrants serious punishment. It can further show concern for the victims by incorporating procedures which protect their dignity and their privacy