LME3701 Assignment 2 Semester 2 2024 | Due 27 September 2024. All questions answered with references. Your work at a legal research institute focusing on human rights. Recently you noticed that the issue of domestic violence has been receiving a lot of attention. You noticed that there is no crime ...
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Your work at a legal research institute focusing on human rights. Recently you noticed that the issue of
domestic violence has been receiving a lot of attention. You noticed that there is no crime labelled
"domestic violence" (even though there is such a crime in some other jurisdictions) and this got you
wondering about the criminal law response to domestic violence. You've registered for your
post-graduate studies and decided that the criminal law response to domestic violence will be the
general topic of your dissertation. It is up to you to formulate a unique title for your research.
Research the law on the criminal law response to domestic violence in South Africa. In other words, is
it a crime to commit domestic violence? What criminal law consequences are there for a perpetrator?
Can the legal and specifically the criminal law response to domestic violence be improved? Should it
be improved or is the current response satisfactory? Focus on the Constitutional rights involved and
the relevant legislative provisions. In addition, consider relevant case law, law reform commission
reports and journal articles on the topic written by legal scholars.
Before you can start writing your dissertation, you have to submit your research proposal setting out
your research idea and research questions and the basic theory underlying your research. That is what
you are going to do now. (Consult the PowerPoint presentation under additional resources for a
detailed explanation of what is required under each heading of the proposal).
You must choose whether you are researching the topic using the historical approach or the
comparative approach.
A) Historical research approach
This means looking at the historical development of the law on the issue from a specific date in
the past up to the present day. You will look at relevant case law and legislation that might have
contributed to the law as it stands today. You will also consider law reform commission reports
on the given topic. Writings by scholars can assist in interpreting the law and evaluating its
application and effectiveness. For purposes of the historical approach, you focus on the historical
developments in South Africa only.
Domestic violence is a pervasive issue in South Africa, deeply rooted in the country's social and
historical context. Despite extensive efforts to address it through various legal frameworks, domestic
violence remains a significant challenge, affecting millions of individuals, particularly women and
children. While some jurisdictions recognize domestic violence as a specific crime, South African
law addresses it through a combination of criminal offenses, such as assault, harassment, and sexual
violence, without labeling it as a standalone crime. This research aims to explore the criminal law
response to domestic violence in South Africa, focusing on the adequacy of existing legal provisions,
the protection of constitutional rights, and potential areas for reform.
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