LEGAL RIGHTS & JUSTICE

The Constitution of South Africa protects the rights of all people to dignity, equality, freedom, and security.

No one has the right to abuse, threaten, intimidate, control, or harm another person.

As a Survivor, You Have the Right To:

• Be treated with dignity, respect, and compassion.
• Live free from violence, abuse, and intimidation.
• Seek protection through the courts.
• Report a crime without discrimination.
• Access healthcare services.
• Access counselling and support services.
• Receive information about legal options available to you.
• Make decisions about your own safety and future.
• Have your concerns taken seriously.
• Request assistance and support when navigating the legal process.

Confidentiality

Many survivors worry about privacy when seeking help.

In most circumstances, healthcare professionals, counsellors, social workers, and legal professionals are required to protect your personal information and confidentiality within the limits of the law.

If you are unsure about confidentiality, ask the service provider to explain:

• What information will remain confidential.
• Who may have access to your information.
• Any situations where information must legally be shared.

Access to Information

You have the right to receive information about:

• Protection orders.
• Reporting crimes.
• Criminal investigations.
• Family court processes.
• Child protection services.
• Victim support services.
• Available legal remedies.

Having information can help you make decisions that are right for your circumstances.

What is a Protection Order?

A protection order is a court order intended to help protect a person experiencing domestic violence or abuse.

A protection order may prohibit certain behaviours and create legal consequences if the order is breached.

Depending on the circumstances, a protection order may prohibit a respondent from:

• Harassing, threatening, intimidating, or abusing you.
• Contacting you in certain ways.
• Stalking or monitoring you.
• Entering your home, workplace, or other specified locations.
• Committing further acts of domestic violence.

Who Can Apply?

Under South African law, protection orders may be available to people experiencing domestic violence within a domestic relationship.

This may include:

• Current or former spouses.
• Current or former intimate partners.
• People living together or who previously lived together.
• Parents of a shared child.
• Family members.
• Other relationships recognised by the Domestic Violence Act.

Applying for a Protection Order

Interim Protection Orders

An interim or temporary protection order may be granted when immediate protection is required.

These orders:

• Provide urgent protection.
• Remain in place until a further hearing.
• Can impose temporary restrictions on the respondent.

Interim orders are often used where there is a risk of ongoing harm.

Final Protection Orders

A final protection order may be issued following a court hearing and consideration of the evidence presented.

The duration and conditions of the order will depend on the circumstances and applicable law.

A final order provides ongoing legal protection and establishes consequences if violated.

Enforcing a Protection Order

A protection order is a legal document and should be taken seriously.

Consider:

• Keeping copies with you.
• Providing copies to schools or relevant institutions where appropriate.
• Informing trusted individuals of its existence.
• Recording any breaches.

Enforcement procedures vary by jurisdiction.

If the Order is Violated

If someone breaches a protection order:

• Contact law enforcement immediately.
• Record what happened.
• Preserve evidence such as messages, emails, photos, or witness details.
• Inform your legal representative if applicable.
• Continue prioritising your safety.

Violating a protection order may result in criminal consequences.

Reporting a crime can feel frightening, overwhelming, and confusing.

Some survivors choose to report immediately. Others may report later or may decide not to report at all.

The decision to report is yours.

Regardless of your decision, you still have the right to medical care, counselling, and support services.

Deciding to Report

If you choose to report the crime, you can go to your nearest South African Police Service (SAPS) police station.

You may report crimes such as:

• Rape or sexual assault
• Domestic violence
• Physical assault
• Stalking
• Harassment
• Human trafficking
• Child abuse
• Any other criminal offence

If possible, consider:

• Taking a trusted friend, family member, or support person with you.
• Bringing any relevant documents or evidence you may have.
• Taking along any medical reports or hospital documentation if you have already received medical treatment.

You do not need to have all the evidence before reporting the crime. The police are responsible for conducting the investigation.

Reporting a Crime to SAPS

When you arrive at the police station, a police officer should assist you in opening a criminal case.

During this process:

• The officer will ask you to explain what happened.
• A criminal case docket will be opened.
• Your complaint will be officially recorded.
• You will receive a case number.
• An investigating officer will be assigned to your case.
• The officer should explain your rights and the reporting process.

Where possible:

• Take a trusted friend or family member with you for support.
• Bring any relevant documents or evidence if available.
• If you have received medical treatment, bring any medical reports or documentation provided to you.

Keep your case number in a safe place, as you may need it when requesting updates about your case.

Giving Your Statement

Once the case has been opened, the police officer will take a statement from you.

A statement is your account of what happened.

The officer will ask questions and write down the information you provide. You may be asked about:

• What happened
• When it happened
• Where it happened
• Who was involved
• Any injuries you sustained
• Whether there were any witnesses
• Any information that may help identify the perpetrator

It is important to know that:

• You do not have to remember every detail immediately.
• Trauma can affect memory, concentration, and recall.
• It is normal to remember additional details later.

Tips When Giving a Statement

• Take your time.
• Tell the truth as accurately as you can.
• Ask the officer to read the statement back to you before signing it.
• Correct anything that is inaccurate.
• Ask questions if you do not understand something.
• Inform the investigating officer if you remember additional information later.

There is no expectation for your statement to be perfect.

Medical Care Following Sexual Violence

If you have experienced rape or sexual assault:

• Seek medical attention as soon as possible.
• Medical care may assist with treatment, forensic evidence collection, HIV prevention medication (PEP), emergency contraception where appropriate, and referrals for further support.
• If possible, avoid bathing, showering, changing clothing, eating, drinking, smoking, or brushing your teeth before a forensic examination.

Your Rights When Reporting

You have the right to:

• Be treated with dignity and respect.
• Have your complaint taken seriously.
• Receive a case number.
• Ask questions about the process.
• Request medical assistance when needed.
• Receive information about available support services.
• Be accompanied by a support person where appropriate.

If the reported matter involves a criminal offence, an investigation may begin.

Investigation

After the case has been opened, the investigating officer begins gathering evidence.

The investigation may include:

• Interviewing witnesses
• Collecting physical evidence
• Obtaining medical reports
• Reviewing CCTV footage where available
• Collecting forensic or DNA evidence
• Gathering photographs or other documentation
• Identifying and locating suspects

The investigating officer may contact you if additional information is needed.

Investigations can take time, and each case progresses differently depending on the available evidence and circumstances.

Identifying a Suspect

In some cases, police may ask you to help identify the person responsible.

This may involve:

• Providing a description of the perpetrator
• Confirming the identity of a known suspect
• Participating in identification procedures where appropriate

The police may continue gathering evidence before deciding how to proceed.

Arrest of the Suspect

If there is sufficient evidence linking a suspect to the crime, the police may arrest that person.

After an arrest:

• The suspect may be formally charged.
• The suspect may appear in court.
• Bail may be considered by the court, depending on the circumstances.

In some cases, police may need additional evidence before an arrest can be made.

The absence of an immediate arrest does not mean your case is not being taken seriously.

Prosecutor Review

The National Prosecuting Authority (NPA) will consider available evidence and decide how the matter should proceed.

You may be contacted for additional information or asked to meet with the prosecutor before court proceedings.

Trial and Sentencing

If the matter proceeds to court:

• Evidence will be presented.
• Witnesses may testify.
• The court will consider all relevant information.
• The court will make a finding based on the evidence.

If a person is convicted, the court may impose a sentence in accordance with the law.

Every case is unique, but the criminal justice process often follows this general pathway:

Some cases move quickly, while others take longer depending on their complexity and available evidence.

Throughout the process, support services may be available to assist survivors.

Staying Informed About Your Case

Throughout the investigation, it is helpful to keep:

• Your case number
• The investigating officer's contact details
• Copies of any medical reports or relevant documents

You are entitled to ask for updates about the progress of your case.

If your contact details change, inform the investigating officer so that important information can still reach you.

Abuse can significantly affect family law matters, particularly where children are involved.

Matters the Family Court May Consider

• Care and contact arrangements.
• Parenting plans.
• Guardianship issues.
• Child maintenance.
• The safety and wellbeing of children.

The Best Interests of the Child

South African courts place the best interests of the child at the centre of decision-making.

Factors may include:

• The child's safety.
• Exposure to violence.
• Emotional wellbeing.
• Stability and caregiving arrangements.
• Risks posed by abuse or domestic violence.

Evidence of abuse may be relevant when decisions are made regarding children.

Children who experience, witness, or are exposed to violence can be seriously affected.

South African child protection laws aim to protect children from:

• Abuse.
• Neglect.
• Exploitation.
• Exposure to violence.
• Harmful living environments.

Certain professionals, including social workers, healthcare workers, educators, and child protection practitioners, may have legal responsibilities when a child's safety is at risk.

Protecting children is a shared responsibility.

Victims of crime should be treated fairly, respectfully, and compassionately throughout the criminal justice process.

As a victim, you may have the right to:

• Be treated with dignity and respect.
• Receive information about your case.
• Obtain your case number.
• Request updates regarding investigations.
• Access victim support services.
• Have your safety concerns considered.
• Receive information about available legal remedies.
• Request assistance where appropriate.

No survivor should be blamed, judged, or treated unfairly because they have experienced violence or abuse.

Meeting with a lawyer for the first time can feel intimidating, particularly if you are dealing with trauma, fear, or uncertainty about your future. It is normal to feel overwhelmed, emotional, or unsure about what questions to ask.

A legal consultation is an opportunity for you to understand your rights, explore your options, and receive guidance on the best steps to take for your situation. You do not need to have all the answers or every document available before seeking legal advice.

The purpose of the consultation is to help you become informed and empowered.

If You Feel Unsafe

If there is an immediate risk to your safety:

• Inform the lawyer at the beginning of the consultation.
• Discuss emergency legal protections that may be available.
• Ask about urgent protection orders or emergency court applications.
• Discuss safety planning alongside legal planning.

Your safety should always be a priority.

After the Consultation

Following the meeting, take some time to review the information you received.

Consider:

• Writing down key advice.
• Keeping copies of important documents.
• Creating a list of next steps.
• Asking a trusted person for support if needed.
• Following up on referrals or recommendations.

You do not need to make major decisions immediately. It is okay to take time to consider your options.