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.

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