Protection orders and police ‘failing victims of GBV’

Protection orders are failing to protect women from being abused by their partners in gender-based violence (GBV) cases, despite restraining orders.

This is according to advocate Brenda Madumise-Pajibo, director of the feminist organisation, Wise4Afrika.

Wise4Afrika takes legal action against police

Madumise-Pajibo said her organisation had filed papers in the high court suing the police on behalf of the family of Sasha Lee Monique Shah, who was killed after police failed to confiscate her husband’s gun as stipulated in an interim protection order.

“We are currently assisting the family to sue the police because they failed to seize the gun from the man. The order was issued by the Pinetown Magistrate’s Court on 22 September 2022, while she was killed in October 2022 in Umhlanga, north of Durban,” Madumise-Pajibo said.

“We are in the process of launching litigation against the police. For now, I cannot divulge much information about this litigation.”

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Madumise-Pajibo was also concerned about the case of Gugu Nkuna from Phola near Ogies in Mpumalanga, whose former partner reportedly assaulted her and tried to rape her a few days ago, even though she had a protection order against him.

Protection orders not protecting victims

She said the two cases were evidence that protection orders were not protecting GBV victims from their abusers.

“There is something wrong here because the court will issue the order as expected, but the police are failing to enforce what the order requires.

“I think we need the government to establish a specialised unit which will only focus on GBV cases. What I have realised is that some of the police officers don’t even read the court order documents, while those who read them seem not to understand or they are ignorant.”

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Nkuna told The Citizen that she obtained a protection order against her former partner in 2023, but he continued abusing her. When she reported the matter to the police, they did not take any action. She said during the recent attack, she was rescued by community members who phoned the police as the man stripped her naked, demanding to have sex with her.

GBV activist Sihle Sibisi from Kwanele Foundation said the police had let Nkuna down. “She must open a case against them because they failed her by not taking action against the guy for violating the protection order. She must find a lawyer and open a case against them,” said Sibisi.

“The woman did what was needed to stop the abuse, but law enforcement agencies failed her.”

Nkuna’s legal representative, Mabu Marweshe from Marweshe Attorneys, said they would open a criminal case of defeating the ends of justice against the officers who refused to assist her.

“It is very unfortunate.”

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