The idea is to restore the relationships as far as the parties feel safe. protection orders being withdrawn and a longitudinal success rate of 60% over a period of five to eight years, meaning no recidivism or re- application for protection orders. The idea is to restore the relationships as far as the parties feel safe, recognising a subsisting relationship. It offers the parties a safe space to try to resolve the disputes, while identifying the underpinning issues that give rise to the disputes. Many relationships have been preserved by this process. The programme has shown a success rate of 75% leading to The Wynberg project is underpinned by the heart of restorative justice and gives dignity back to the parties in dispute. The mediators call the parties beforehand and make sure to arrange set times to attend mediation, ensuring parties are not waiting all day at court for their matter to be mediated. These services have been offered on a pro bono basis to the public, making justice accessible to those who cannot afford mediation and offering a faster finalisation of the matter, therefore reducing court rolls and allowing magistrates more time to focus on cases that need an in-depth trial. With a passion for restorative justice and an understanding that some cases in the domestic violence court are first time offences, mediators mediate harassment cases between neighbours, bullying between young children, deceased estate matters
During 2022, we saved Wynberg domestic violence and harassment courts more than 250 hours, by mediating these conflict matters to restore relationships where community members, family, spouses and children can live in harmony once the hurts have been exposed and lasting solutions are carved by the parties. With the commencement of the Domestic Violence Amendment Act 14 of 2021 it has become even more clear that mediation can play a pivotal role in demystifying some of the new offences like religious abuse, abuse of vulnerable young women, and the abuse of the elderly that might not seek a criminal prosecution but just for the abuse to stop. With the commencement of the Domestic Violence Amendment Act 14 of 2021 it has become even more clear that mediation can play a pivotal role in demystifying some of the new offences like religious abuse, abuse of vulnerable young women, and the abuse of the elderly that might not seek a criminal prosecution but just for the abuse to stop.
This has been identified by the South African Law Review Commission Issuing Paper 161 for comment on whether criminal prosecution or civil recourse should be the only options available to adult survivors of domestic violence and harassment or whether other alternatives should be explored which can include mediation that is also explored in Paper 148 in family matters. There are different schools of thought believing mediation should not be considered in domestic violence matters but it is argued that mediation can play a pivotal role in changing the mindset of perpetrators of GBV matters and with the new offences in Act 14 of 2021, mediation can be a viable dispute resolution mechanism. The workshop unpacked the Domestic Violence Amendment Act 14 of 2021 and was well attended in person and online by the legal fraternity, including the judiciary, attorneys, mediators and members of the public. The Department of Justice Western Cape supported the GBV dialogue
amongst siblings, and marital disputes with grace, heart and
knowledge, assisting them to trust each other with the boundaries they put in place.
by providing sign language interpreters for the deaf
Mediation can play a pivotal role in changing the mindset of perpetrators of GBV.
community. This for me was a demonstration of the collective effort of key stakeholders, civil society and NPOs joining hands to end GBVF in South Africa.
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