An alternate view on the advancement of the GBV mediation legislation
Editor’s Note
Employing mediation in GBV cases is a contentious matter which is currently under scrutiny. Collective Action Magazine does not take a position of advocating for mediation in GBV cases but seeks to make the public aware of various views in this regard.
Given that the justice system is patriarchal in nature and that the dominant mindset in South Africa tends toward victim-blaming, it is of grave concern that mediation is being implemented in Domestic Violence matters. Far from celebrating the withdrawal of protection orders, it would be more appropriate to lament that victims of Domestic Violence are being encouraged to relinquish such protection. Particularly as the pathology of this type of abuse is well-known and well-documented. When perpetrators are seen as “innocent until proven guilty” in interpersonal matters such as Domestic Violence, the victims are treated as liars from the outset, the consequences of which are immeasurable. The following extracts from an article on Domestic Violence and Mediation: Concerns and Recommendations illustrate this point. “When isolated interactions are described, such as the silent treatment, a glaring look, a stern voice or a critical tone, it is easy to overlook the context of these behaviors and minimize them until they disappear into insignificance. Those outside the intimate relationship cannot understand the meaning of the communication that extends far beyond the words or non-verbal cues. Dutton (1994) cautions that domestic violence should not be understood as simply a list of episodes or a list of aggressive behaviors that can be added up. Rather it is a pattern of interaction that influences the dynamics of the intimate relationship.”
November 2023 | Collective Action Magazine
92
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