Citation(s) from the GunPolicy.org literature library

Jaynes, Natalie. 2013 ‘Armed Violence Legislation: The Domestic Violence Act and the Firearms Control Act.’ Small Arms Survey 2013: Everyday Dangers; Chapter 6, p. 140. Cambridge: Cambridge University Press and the Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva. 2 July

Relevant contents

The Domestic Violence Act and the Firearms Control Act

Two wide-ranging laws form the cornerstone of the government's legislative approach to armed violence reduction: the Domestic Violence Act (DVA) of 1998 and the Firearms Control Act of 2000.

The DVA establishes the legal framework for the detection, reporting, and prosecution of domestic violence. At the time of drafting, a number of submissions were made to highlight the role of firearms in situations of domestic violence (Combrinck et al., 1998). The drafters of the legislation incorporated these concerns by making special provision for the removal of a firearm as part of the court's powers to issue a protection order (RSA, 1998b, ss. 7(2)(a); 9(1-2)). The use of the instruction 'may' in the Domestic Violence Bill was strengthened to 'must' in the final Act, placing a clear obligation on the SAPS [South African Police Service] to remove a firearm or dangerous weapon in situations of domestic violence (RSA, 1998a, s. 7(1); 1998b, s. 9(1); INTIMATE PARTNER VIOLENCE)…

Sources:

Combrinck, Helene, et al. 1998. 'Domestic Violence Bill [B75-98]'. Submission to the Justice Portfolio Committee and the Safety and Security Portfolio Committee hearings. Cape Town: Women and Human Rights Project, Community Law Center, University of the Western Cape.

RSA (Republic of South Africa). 1998a. 'Domestic Violence Bill B75-98.'
RSA (Republic of South Africa). 1998b. 'Domestic Violence Act.' Government Gazette, Vol. 402.

ID: Q8483

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