Don’t Look Away: Outrage over three week wait to serve Protection Order

A Durban woman has shared how she had to wait three week to serve a protection order on her husband. Picture: IOL image.

A Durban woman has shared how she had to wait three week to serve a protection order on her husband. Picture: IOL image.

Published Nov 28, 2024

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“Come back in 3 weeks. We can't serve the protection order now, there's a waiting list and we don't have vehicles to go out.”

That is what Durban's Phoenix Police Station allegedly told one woman who turned to them for protection from her abusive husband.

This is her story:

"After obtaining a protection order against my husband I went to the Phoenix Police Station to have it served on him but was told nothing could be done immediately because there was a three week waiting list.

"My lawyer then advised me to go to Verulam Police Station as my husband worked in that area.

“At that station two police officers accompanied me to my husband's workplace and sat in their vehicles and told me to go in and hand him the protection order. Basically asking me to serve it on him myself. He was not at work and I left. I'm now living away from home and very disappointed at how I was treated by police. The protection order is still not served and its very frightening," the mother - who did not wish to be named, explained.

Her lawyer, Meena Singh, is outraged. "We are paying lip service to GBV if the issues are not tackled head on. My client could have been killed while police officers sat in their car. How can two male policemen ask an abused woman to serve the protection order while they wait in their vehicles?“

In the ongoing battle against abuse, having legal procedures in place to protect victims is a crucial step toward justice.

Protection orders are intended to offer immediate relief and long-term security for those who are at risk of harm.

However, while the existence of these orders is an important legal safeguard, the effectiveness of such measures is undermined if they are not properly enforced at ground level," Singh told IOL.

Her client is not alone. Her experience is echoed by many other women around the country. The result? Women in abusive relationships fear seeking help, which may explain alarming recent stats which point to a rise in violence against women and children.

When approached for comment KwaZulu-Natal police spokesperson Robert Netshiunda said nobody should be turned away when seeking assistance from the police and encouraged complaints to be reported to relevant authorities to be investigated.

This has prompted the Commission for Gender Equality to call for a meeting in Durban this week with the KZN Criminal Justice Cluster departments to account for their responses to gender-based violence cases. The Commission has also summoned KZN's Police Service, Department of Justice and Constitutional Development and the Director of Public Prosecutions to appear in its investigative hearings.

As the country speaks out fervently against GBV during the current 16 days of activism, South African national organisation Ilitha Labantu which provides services for women and children affected by violence says more needs to be done. The organisation - backed by UN Women and other international funders also trains police officers on dealing with GBV cases.

"Over the years, we have witnessed countless cases where survivors encounter resistance or indifference when approaching police stations for support. This lack of responsiveness stems from systemic issues such as inadequate training, deeply entrenched patriarchal attitudes, and insufficient accountability. These failures perpetuate a culture where survivors are left feeling unsupported and unsafe, often forced to return to dangerous environments.“

They said in many instances, survivors face secondary victimization, where they are met with skepticism, dismissal, or even blame when seeking help.

Organisation spokesperson Siyabulela Monakali told IOL : “Survivors deserve to be treated with dignity and respect, and their safety must always be a priority.

“We call on all stakeholders, including government and law enforcement agencies, to reaffirm their commitment to creating a justice system that works for everyone, especially those most vulnerable.”

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