By Magreth Nunuhe
WINDHOEK – There is a lack of consistency and sensitivity with procedures applied to combat domestic violence in the Namibian legal and judicial system, a study says.
More so, availability and support also remain a weakness in the protection system.
According to the study titled “Gender-Based Violence (GBV) in Namibia: An Exploratory Assessment and Mapping of GBV Response Services in Windhoek,” conducted last year, the disposition of the application for protection orders are dependent on the individual magistrate’s court hearing the case.
“Because of this, being able to move a case forward is dependent on whether a magistrate is on board. If they are not, then the case cannot go forward,” the report reads.
The GBV survivor is subjected to the will of the individual magistrate’s court that may not be sensitive to GBV and when the case goes to trial it becomes the responsibility of the public prosecutor to follow through, while in many cases the office is overloaded with work, which could lead to a delay in the case being heard.
It also ascertained that there is a lack of empathy for victims of crime, especially GBV victims, with officers providing services having an impact on whether victims can initially access services.
The complainant and family may be offered cash or other donations that could be regarded as more beneficial than going through the lengthy legal system.
“The considerable time and effort that it takes for a case to make its way through the legal/judicial system may contribute to women withdrawing cases. They could simply be ready to move on with their lives and the lack of closure in the legal case does not allow for this to happen,” the report further stated.
The complainant could also withdraw a rape case because they fear a lack of evidence will support their claims, while stigma and shame may influence a victim’s decision to withdraw a case as well.
It established that male victims of GBV are more reluctant to report cases of sexual assault as opposed to females and many males also do not know that the first stop in Windhoek when assaulted is the Women and Child Protection Unit located at the Katutura State Hospital.
Private doctors apparently appear reluctant to provide care to rape survivors as they prefer not to appear in court due to perceived inefficiencies in the legal system.