Equal Access to Justice Law Center - EATJ Law Center

Equal Access to Justice Law Center - EATJ Law Center EATJ Law Center NPC is dedicated to making legal assistance accessible and understandable for everyone in our community.

We provide clear, practical guidance on essential legal matters like wills, maintenance, protection orders, and divorce.

15/04/2026

Setting a groundbreaking precedent for SA family law and Muslims in the country, the Western Cape High Court has ruled that the Islamic legal obligation of nafaqah can serve as the foundation for a civil claim for financial reimbursement between divorced Muslim spouses.

Read on https://tinyurl.com/mt3vf8fb

14/04/2026

🚨 Do you need to apply for a protection order but don’t know where to start? Read this carefully. 🚨
Protection Order Application Tips (Form 6)
When completing a protection order application, make sure you fill in all relevant sections of the form.
It is important to include every incident of abuse, with dates and a clear description of what happened. This helps the court properly understand your situation.
Focus on the facts, not the family drama. The clerk performs administrative duties only — your application is then placed before a magistrate, who will decide whether it meets the legal requirements and whether an interim protection order should be granted.
If English is not your first language or you are struggling to express yourself, ask someone you trust to help you complete the form and explain each section clearly.
If there is a pending criminal case, make sure to include it. The court needs to see the full picture.
📄 Access the Protection Order Application (Form 6) here:
https://www.justice.gov.za/forms/form_dva.htm⁠�

30/03/2026

A few months ago, our President, Cyril Ramaphosa, declared gender-based violence a national disaster. The question we must ask ourselves is: does this declaration truly hold weight?

Every day, the most vulnerable in our society continue to suffer at the hands of those they trust the most. Women are assaulted by their partners, and in many cases, that violence escalates to murder.

South Africa has laws in place to protect victims. One of the most important is the Domestic Violence Act. This Act allows a victim—or someone acting on their behalf—to apply for a protection order.

If the court believes there is imminent danger, it may grant an interim protection order with a warrant of arrest attached. A court date is then set, where the respondent must explain why a final protection order should not be granted. If the court is satisfied, a final protection order is issued.

But here is the harsh reality:
A protection order does not physically stop the abuse.

It only becomes enforceable once it is violated—once the abuse happens again.

At that point, it becomes a criminal matter. If the accused is found guilty, imprisonment is possible. Importantly, domestic violence cases cannot simply be withdrawn once they are before a criminal court. The law has also been tightened—accused persons must apply for bail, even as first-time offenders.

The law is strict. The mechanisms are there.

So why is the abuse continuing?

As someone working closely with victims, I often sit across from clients who no longer want to proceed with their cases—because they depend financially on their abuser. This is the reality we do not talk about enough.

Financial abuse is one of the most devastating forms of abuse.
And yet, it is one of the hardest to prove.

Even though the law recognises financial abuse, many victims are told at police stations that it is a “civil matter,” leaving them without immediate protection.

So I ask: when is enough, enough?

My heart breaks when women share stories of enduring years of abuse—physical, emotional, and financial. And even after divorce, especially where there are minor children, the abuse often continues in different forms.

On paper, our laws are strong. They recognise victims. They provide remedies.

But they are not enough.

Real change does not start in courtrooms—it starts in our homes and communities.

We must raise a generation of boys who understand respect, accountability, and equality.
Mothers, we cannot stay silent when our daughters-in-law and grandchildren are suffering. Turning a blind eye only continues the cycle.

We cannot rely solely on government to protect what happens behind closed doors.

It takes a village to raise a child.
And it will take a village to end this pandemic of gender-based violence.

Because right now, the law is not preventing the harm—
it is only responding after the damage is already done.

And prevention will always be better than cure.

13/11/2024

Understanding Abuse and Violence in All Forms

Abuse takes many forms, impacting victims in different ways. Recognizing these signs is the first step in supporting those affected and standing against violence.

Physical Abuse includes shoving, slapping, punching, kicking, throttling, biting, and assault with dangerous objects or weapons.

Sexual Abuse includes r**e, attempted r**e, and indecent assault.

Verbal abuse with s*xual slurs also falls under this category.

Emotional, Verbal, and Psychological Abuse includes constant insults, ridicule, threats of violence or death, and relentless belittling.

Economic Abuse occurs when shared assets, such as a home or livestock, are sold without consent, or joint bank accounts are accessed for personal use without agreement.

Intimidation includes verbal or written threats, as well as disturbing gestures like sending dead flowers, coffins, or harmed pets.

Harassment includes following the victim or their home, workplace, or school, and repeated, unwanted phone calls.

Stalking involves repeated unwanted approaches or demands to speak.

Damage to Property includes breaking windows or doors or damaging shared belongings or the victim’s property.

Unauthorized Entry includes using a duplicate key or jumping a fence to access the victim’s property.

Femicide is the tragic murder of a female partner by an intimate partner, often using strangulation or weapons.

Let's stand together to prevent and report these acts. Support those affected by knowing the signs and encourage them to seek a protection order.

11/11/2024

Gender-Based Violence (GBV) is a crisis, and victims deserve better support!

Victims of GBV often face second-degree abuse when reporting to police due to a lack of trauma-informed training. Every police station should have designated trauma rooms and trained officers to provide the compassion and care GBV victims need.
If you’re unable to speak out alone, remember that you don’t have to do this alone—reach out to community support groups who are here to help.

Speaking up is tough, but it’s a vital step toward healing and justice. Together, we can demand more from our communities and work to end GBV.

Let’s stand together and make a difference.

05/11/2024

Are You Aware of the Protections Under the Amended Domestic Violence Act?

The amended Domestic Violence Act in South Africa provides enhanced protection for complainants, especially women and children, who are the primary victims of domestic violence.

Although exact statistics are difficult to obtain, South Africa has one of the highest rates of domestic violence in the world.
Key statistics illustrate the severity of the issue:

Intimate Partner Violence (IPV): Between 25% and 40% of South African women have experienced physical or s*xual IPV in their lifetime. In 81% of reported IPV cases, women experience both physical and psychological abuse.

R**e: Between 12% and 28% of women report being r**ed during their lifetime.

Emotional or Economic Abuse: Nearly 50% of women report experiencing emotional or economic abuse by an intimate partner.

Non-Partner Sexual Violence: While common, non-partner s*xual violence is significantly underreported to authorities.

Gang R**e: South Africa faces a high prevalence of gang r**e incidents.

Forced First Sexual Experience: Studies indicate that 10-28% of women experience forced first s*x.

Murder: In 1999, nearly half of female murders in South Africa were due to domestic violence.

Stronger Protections Under the Amended Act

The Act now includes several safeguards to ensure complainants receive needed protection:

Limitations on Withdrawing Cases: The amended Act restricts complainants from withdrawing a domestic violence case if the court believes that the complainant or their children remain at risk. Courts may refuse to drop cases if protection is deemed necessary.

Requirement for Justification: If a complainant wishes to withdraw charges, they must provide clear, compelling reasons.

Consequences for Breaching Protection Orders: If a respondent has been arrested for violating a Protection Order, the complainant cannot unilaterally withdraw the charges.

Expanded Definition of Domestic Violence: The Act now includes coercive control, spiritual abuse, and elder abuse, offering broader protections to those affected.

Many complainants, often financially dependent on the respondent, feel pressured to withdraw cases to avoid conflict or financial strain. Sadly, these withdrawals sometimes result in intensified abuse, potentially leading to death. The amended Domestic Violence Act is a significant step forward in protecting complainants, ensuring that they are supported and safeguarded against future harm.

01/11/2024

Did you know that over 85% of South Africans pass away without a valid will?

Simply writing down your final wishes and having the document stamped at a police station doesn’t make it legally binding. There are specific requirements that must be met for a will to be valid.

Having a valid will is crucial—it ensures that your assets go to the people you choose.

EATJ Law Center offers free will-drafting services and workshops to community-based groups. Invite us to your event, and let us help educate and empower your community on the importance of having a valid will.

30/10/2024

As a dedicated team of attorneys, we at EATJ Law Center NPC invite community groups to collaborate with us by hosting our workshops. Our sessions are designed to provide valuable legal insights on topics like wills, maintenance, protection orders, and divorce, directly benefiting your members. By working together, we aim to empower communities through accessible legal education and personalized support, helping everyone navigate important legal matters with confidence.

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