Namibia
Namibian Draft Domestic Violence Bill enters final stretch

Misanet.com / The Namibian, 21 February - Enactment of legislation to curb spiralling domestic violence in Namibia has taken a giant leap forward with the completion of the first draft of the Domestic Violence Bill. Chairperson of the Law Reform and Development Commission (LRDC), Utoni Nujoma, announced yesterday that the draft bill had been presented to Justice Minister Ngarikutuke Tjiriange recently.

Consultations will be held with interested parties before the draft is submitted to Cabinet. Once approved it will be sent back to legal drafters for final scrutiny before being introduced in the National Assembly for debate.

The LRDC has worked on the domestic violence law for the past five years with several regional hearings and meetings held to consult people at grassroots level. The Legal Assistance Centre also assisted by compiling a report for the LRDC.

Nujoma said there were no recommendations for "more criminalisation" of domestic violence by creating a specific offence of domestic violence or other offences.

However, he said, the draft broadened the definition to include sexual, economic, emotional, verbal or psychological abuse and intimidation and harassment.

The LAC report proposed new criminal legislation for domestic violence which would send out a strong message that such brutality would not be tolerated. It called for a specific criminal offence aimed at domestic violence.

Nujoma said the the draft bill provided for any interested party to lay a charge of domestic violence on behalf of the victim, the mandatory arrest of perpetrators in certain cases and for the Police to have enhanced power of arrest without a warrant.

If passed in its current form criminal cases involving domestic violence would be given priority on court schedules and be heard in closed court.

The courts could also grant interim protection orders for which the perpetrators' presence during the hearing would not be imperative. The order would be served on the respondent by the State and could later be confirmed as an final order.

The new powers granted to the Police would afford the victim an opportunity to get quick action whenever the alleged abuser overstepped his or her limits. "This serves as the proverbial sword over the head of the abuser to hopefully persuade him or her to refrain from continuing with his or her unwanted behaviour," Nujoma said.

The draft legislation also grants victims the right to give input to the court on bail and sentencing and for a person in a domestic relationship who experiences violence or threats to be able to apply to any magistrate's court for a protection order while domestic violence court cases will be closed and the privacy of "suffering parties" be protected.

Nujoma said the proposed legislation would be "gender neutral" as men were also victims of domestic violence.

The LAC's report found that at least half of Namibia's women and children fall prey to domestic violence. The report said violence against women and children undoubtedly ranked as one of Namibia's most severe human rights problems, adding that it was an "enormous" challenge because it was so often hidden.

The LAC called for more practical legal solutions for people who faced the threat of domestic violence. At present domestic violence is dealt with under broad general crimes such as assault or indecent assault.

By Christof Maletsky, The Namibian

 

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