Procedual Injustice: A case of Domestic Violence in Zambia
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Date
2013-05-07
Authors
Mulenga, Chewe Nancy
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Abstract
This dissertation had the task of looking at the procedural injustice that exists with regards to the way cases of domestic violence are dealt with in Zambia. The dissertation endeavoured to look at the various forms in which domestic violence occurs, the effects it has on its victims and how the law, law enforcement agencies and the family respond to cases of domestic violence. The dissertation through research and interviews found that, domestic violence has many faces of which some are difficult to prove and causes so many effects. At its worst, domestic violence may lead to death of a victim. An analysis made of the current law on domestic violence found that the current law is inadequate in the way it deals with domestic violence victims for instance in cases of rape, the law of evidence still tries the victim instead of the offender. The research also discovered law enforcement agencies are reluctant and ill equipped to adequately deal with domestic violence cases, leading to most victims withdrawing cases. It was also found that, poverty levels contribute to the negative attitude that the family has with the way issues of domestic violence are dealt with. Most family members are reluctant to intervene because of fear of losing their only source of income. Reconciliation is what is encouraged thus removing cases from judicial scrutiny. The dissertation recommends the need for law enforcement agencies to have specialized training on how to deal with domestic violence victims and that same rules as are applicable to other offences should apply in cases where procedures make such offences more difficult to prove or where the rules mete out higher sentences.
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Family Violence , Procedure(law)-Zambia