LME3701
ASSIGNMENT 3 SEMESTER 2 2024
UNIQUE NO.
DUE DATE: NOVEMBER 2024
, LME3701
Assignment 3 Semester 2 2024
Unique Number:
Due Date: 14 November 2024
Legal Research Methodology
Research Proposal: A Comparative Study of the Criminal Law Response to
Domestic Violence in South Africa and Zimbabwe
Table of Contents
1. Introduction
2. Problem Statement
3. Research Questions
4. Methodology: Comparative Research Approach
5. Theoretical Framework
6. Criminal Law Response to Domestic Violence: South Africa
6.1 Relevant Legislative Provisions
6.2 Case Law
6.3 Constitutional Rights
7. Criminal Law Response to Domestic Violence: Zimbabwe
7.1 Relevant Legislative Provisions
7.2 Case Law
7.3 Constitutional Rights
8. Comparative Analysis
8.1 Strengths and Weaknesses in South Africa
8.2 Strengths and Weaknesses in Zimbabwe
9. Recommendations for Improvement
10. Conclusion
11. References
, 1. Introduction
Domestic violence continues to be a significant issue in many countries, manifesting as
physical, emotional, sexual, or economic abuse within intimate relationships. Although
various forms of violence are criminalized in most legal systems, domestic violence
often goes unaddressed as a distinct crime. In countries like South Africa and
Zimbabwe, domestic violence is tackled primarily through civil measures, such as
protection orders, or through charges for related crimes like assault, sexual offenses, or
harassment. However, there is no distinct crime labelled "domestic violence" in the
criminal law of either jurisdiction. This absence raises critical questions about whether
the current legal frameworks sufficiently protect victims and hold perpetrators
accountable.
This research aims to investigate the criminal law responses to domestic violence in
South Africa and Zimbabwe, focusing on the constitutional rights involved and the
effectiveness of existing legislation and case law. Through a comparative study, this
research seeks to explore how both legal systems address domestic violence and
whether reforms are needed to better serve victims and uphold justice.
2. Problem Statement
Domestic violence is not criminalized as a distinct offense in either South Africa or
Zimbabwe, despite its prevalence and serious nature. The lack of a specific crime
labelled “domestic violence” means that acts of abuse are prosecuted under general
criminal offenses like assault, which may not fully capture the dynamics of abuse in
domestic relationships. Additionally, the reliance on civil remedies, such as protection
orders, places the burden on victims to seek legal protection, while perpetrators are
often not held accountable through criminal law. This research will critically examine
whether the current criminal law responses in South Africa and Zimbabwe adequately
protect victims and ensure justice for survivors of domestic violence. It will also explore
