The Sunday News
Chenge Murimwa, Feature
There has been an unprecedented rise in domestic violence cases in Zimbabwe. This has impelled the government to formulate and implement reactive laws to address the menace. One such instance has been the crafting of the Domestic Violence Act (DVA) of 2007.
Thirty-year-old Sinakaniwe Ndlovu (not real name) still shivers with fear when she thinks of the ill-treatment she suffered at the hands of her husband during the Covid-19-induced lockdown.
Sinakaniwe was forced to endure all the abuse in fear of being stigmatised and as an orphan, no one was prepared to give a listening ear.
Despite persistent pleas from her friend who was her neighbour, she ignored and instead prayed for her husband to one day change his ways.
“I got married to the love of my life in 2015. I thought he was my ride or die. We lived happily and had our first child in 2017. During the Covid-19 induced lockdown in 2020, my ex-husband lost his job at a certain company in Bulawayo. Soon after losing his job, things slowly started changing. We lost some of our property as it was repossessed by people we owed money. My husband started abusing alcohol, he actually became an alcoholic and very abusive at the same time.
“The once happy home slowly turned into a living hell. The father of my child started feeling insecure and I was constantly accused of cheating on him with other men. I’m sure this was caused by his insecurities. He used to beat me up and after doing that he would leave me with nothing to eat while he went back to boozing at the township bottle store with his friends,” she said.
To make matters worse, Sinakaniwe did not have a shoulder to cry on as both her parents were late.
“As an orphan, he knew that I had no one to give me a shoulder to lean on. I was alienated from my relatives and whenever he had his frustrations, I would be his punching bag. He would also shout at me whenever he felt like it,” said Sinakaniwe.
She continued: “We started exchanging words, it happened so fast that he took a pot of boiling water from the stove and threw it on me and my child. Because of the fear of being stigmatised within the community and obviously protecting the father of my child from being arrested I kept quiet.”
Sinakaniwe says the abuse went on and she did not have anywhere to go with her child. She said a neighbour who noticed the abuse advised her to report her husband to the police.
“After a lot of thinking, I ended up getting him arrested because it was getting out of hand. I was afraid that my child would grow in a toxic environment and it would affect her life one way or the other. I had to do it for her and no one else,” she said.
Sinakaniwe said her husband was given an option to pay bail or spend a year in jail. She said he was bailed out by his family members and she was granted a protection order from him.
“I was taken for counselling by some organisation who opened my eyes and I learnt more about Gender Based Violence (GBV). I was empowered and I started to buy and sell clothes for a living. Now my baby and I are living happily. Hoping that when she grows up, I will teach her on choosing herself first before anyone else,” said Sinakaniwe
In Zimbabwe, spousal abuse is the most common form of GBV with women being the main victims.
Authorities say GBV cases rose during the Covid-19-induced lockdowns as men and women were literally locked down together.
The closure of industries and loss of jobs, it was noted, fuelled friction within families.
The enactment of the Domestic Violence Act has brought smiles to women and girls across the country.
Mrs Edinah Masiyiwa, the Executive Director of Women’s Action Group said before its enactment, domestic violence was not really considered as violence because of some negative social norms.
“Through this law, all forms of violence are clearly spelt out including emotional violence which at times is difficult to quantify. Harmful practices such as virginity testing and child marriage are also highlighted and I think this a good law that protects both men and women,” she said.
She added: “However, shortcomings are related to the process of getting a protection order from the courts. Some women live far and might face financial challenges to access the courts.”
Men have taken the initiative to engage communities in their areas of jurisdiction as they move to fight GBV.
Chisungo Men’s Network programmes coordinator Mr Arab Majavala said men are now partners not perpetrators of GBV. “The Act has benefited women and was availed to all citizens of Zimbabwe with a lot of dialogues and awareness campaigns. The engagement of men on the issues of gender has also filled the gap, meaning men are now partners not perpetrators.
“Men are aware that domestic violence is a crime so they’re now refraining, women have benefited a lot because this Act does not entertain harmful cultural practices, physical abuse and economical abuse. These types of abuse were directed to women, so the Domestic Violence Act has done a lot in empowering women and girls,” he said.
Mr Majavala said the Act should be translated to local languages for easier understanding.
“They should translate the Act to our languages. Some Zimbabwean citizens are not aware of the Act so there is need to do more programs on the Domestic Violence Act. These shortcomings can be achieved through intensive male engagement and engagement of policy makers and traditional leaders,” he said.
Laws have been formulated and implemented to address the prevailing GBV cases and a law practitioner said men and women should be helped to understand the Domestic Violence Act.
“I haven’t read the DVA in depth but I understand there are quite a few provisions available for women but are rarely used. We have laws which have to do with gender based violence but our problem is the implementation and the enforcement of these laws.
“But I guess men and women should be helped to understand the Act. Again they should be taught more on how to end Gender Based Violence. A lot of awareness programmes are needed. At every clinic in rural areas they should give talks on how women can break away from the cycle of violence. There should be safe houses where women can seek shelter from abusive partners and report to the police,” said the lawyer who spoke on condition of anonymity.
In an article in the Zimbabwe Electronic Law Journal titled “Deterrent Sentences of Domestic Violence,” Professor Geoff Feltoe explains that the primary objective of the Domestic Violence Act is to offer protection to women who are in danger.
He extends this explanation by adding that women are mostly in danger of violence from their spouses and that the perpetuation of such violence may ultimately pose a threat to life. — Media4GenderJustice.
