Being turned away after waiting for hours — if not days — to get the help they desperately need has seen a number of Gqeberha domestic violence victims, mainly women, being open to further potential abuse.
Some women claim they are turned away because the domestic violence court at the magistrate's court in Gqeberha building in North End assists only 10 people a day, and legal practitioners say there is little hope for victims.
When The Herald visited the courts, a large number of women, and men, sat waiting to be assisted.
For some, it was the second or third time at the building.
The Herald has chosen not to identify the alleged abuse victims or their families.
A 32-year-old woman, who had brought her 80-year-old grandfather to the court to get a protection order against his wife and son who allegedly beat the old man regularly, said she was tired of waiting.
“We have been here since 6am and we are told they will help only 10 people. We are tired,” she said.
A 23-year-old woman had been to the court twice to obtain a protection order against a neighbour whom she accused of hurling insults and displaying aggressive behaviour towards her and her four-year-old son.
“Each time we come here we are told they will help only a certain number of people. I can’t come here every day,” she said.
A third woman, 36, had been told to come back three times because she was not part of the 10 people allocated to be helped.
She wanted to get a protection order against the father of her two-year-old who she claimed had beaten her on several occasions.
“I need help and protection,” she said.
“I am scared for my life and that of my child, but the court staff aren’t helping.
“They send us away to come back another day, but what if [he] comes to my house again?
“The police won’t do anything without a protection order.”
Anthony-Gooden Incorporated candidate attorney Lisa Vorster said the situation at the court was pathetic and tragic.
“These are very vulnerable people who can’t always leave their house to seek help.”
Vorster said that during the previous week she had encountered a young mother with her child who had twice been turned away from the court.
According to Vorster, the woman and her child were being physically abused by the child’s father.
“She was not one of the first 10 of the day, so the court wouldn’t let her in.
“She was told to come back at 7am the next day. These women are at the mercy of the clerks and that is not fair,” Vorster said.
Another attorney, who asked not to be named, said her client had approached her for assistance after she also could not get help from the courts.
“These people are not always educated enough to know how to fill in the forms or what to say and that makes it even more difficult for them to get the help they need,” she said.
Department of justice and constitutional development spokesperson Steve Mahlangu said there had never been a limit on the number of domestic violence applications attended to at the magistrate’s court.
He said that when the complaint was brought to the department’s attention in October, the office had reported that taking eight to 10 people at a time at the foyer was a control measure for social distancing in the waiting areas and not necessarily only taking 10 applications for the day.
“Management then immediately resolved that clearly visible notices to the clients would be placed at the foyer ... that [inform] clients that there is no limit on applications of domestic violence matters or any other.
“The courts are the only avenue for dealing with applications for protection orders and all systems are in place to ensure that the public receive this service.
“Members of the public who experience challenges at the courts are encouraged to contact the supervisors of the domestic violence and maintenance section and the court manager, using details that are displayed in the notices,” Mahlangu said.
Asked what assistance the police could offer in obtaining a protection order, police spokesperson Colonel Priscilla Naidu said police were unable to issue protection orders as they had to be obtained from the courts.
Naidu said police were able to help serve the protection order once obtained and anyone suffering abuse could report the matter and open a case at the nearest police station.
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