Victory for elderly woman abused by son-in-law

IN WHAT Legal Aid hailed as a significant court victory, an elderly Ceres woman obtained a final protection order effectively evicting an abusive and violent son-in-law from her home. 

South Africa officially launched the 16 Days of Activism for No Violence against Women and Children on Tuesday. The woman, now suffering from anxiety and fear due to the violence perpetrated upon herself and her daughter at the hands of the son-in-law, first turned to the courts after experiencing and observing constant abuse and domestic violence earlier this year. 

She also approached the Legal Aid SA Worcester Local Office on May 28. The matter was then handled by Civil Supervisory Legal Practitioner Gaynor Richter who approached the local Department of Social Development to request an investigation in terms of the Older Persons Act. 

“The report by the Department corroborated the accounts of the elderly woman, detailing the domestic abuse. At the time when our client approached Legal Aid SA, an interim order was already granted, which was vehemently disputed by the attorney for the son-in-law. Due to the urgency of the situation, Gaynor immediately alerted the attorney on record for the son-in-law that the matter was referred to the Department of Social Development and that criminal charges against his client are considered as a further relief in terms of the Older Persons Act.”

Upon receipt of the Department of Social Development report, Richter pressed for a court hearing to be set down and the matter was heard on November 5.

“The trial was centred on the nexus between the Domestic Violence Act and the Older Persons Act. It was argued that the client was indeed in a domestic relationship and exposed to domestic violence against an elder person as per section 1 of the Domestic Violence Act. Gaynor further emphasised section 27(6)(a) of the Older Persons Act, which serves to ensure that the court prohibits the son-in-law from having contact with the client in future. Legal Aid SA argued that the interim order be made final, together with relief for the elderly client based on the Older Persons Act, which would entail the immediate removal or eviction of the son-in-law,” said Legal Aid SA. 

The interim protection order was made final with the request for the son-in-law to vacate the woman’s home by December 6. 

Expressing her gratitude over the ruling, the woman said she feels like “she can begin to live her life again”.

Cape Times