Article
Intra-family violence or domestic violence, a domestic relationship or merely a case of sibling rivalry: Where to draw the line?
International Review of Law Journal
(2013)
Abstract
In a recent judgment by the South African Supreme Court of Appeal, Daffy v. Daffy, (659/2011) [2012] ZASCA 149; [28 September 2012] 4 All SA 607 (SCA); 2013 (1) SACR 42 (SCA) the question of whatexactly constitutes a domestic relationship for the purposes of domestic violence came under scrutiny. This article will provide a short overview of the Daffy case and the South African Domestic Violence Act116 of 1998. The bounds and limits of intra-family violence, domestic violence and what constitutes adomestic relationship in terms of South African law will be considered. While this article does notexpress an opinion on whether this particular case of sibling conflict and alleged violence amounted todomestic violence as set out in the South African Domestic Violence Act, it does question the Supreme Court of Appeal’s constricted interpretation of these concepts and place it within the broader realm of developments on domestic violence and research on family violence. The primary aim of this article isto challenge preconceived and constricted views of what domestic violence entails and who it involves.It will provide the reader with pertinent questions that will, hopefully, instigate further debate about the conceptual structure and scope of domestic violence.
Keywords
- Domestic Violence,
- Family Law,
- South Africa
Disciplines
- Law and
- Legal Studies
Publication Date
2013
DOI
http://dx.doi.org/10.5339/irl.2013.dv.2
Citation Information
Andra le Roux-Kemp. "Intra-family violence or domestic violence, a domestic relationship or merely a case of sibling rivalry: Where to draw the line?" International Review of Law Journal Vol. 2 (2013) Available at: http://works.bepress.com/andra-leroux-kemp/15/