by H. Wesley Watson
Director, Watson Law Incorporated – October 2024
Abstract
The case of K.J.G v J.T.G (A85/2024) [2024] ZAGPPHC 913 highlights the complexities of issuing domestic violence orders and the potential for their misuse. The appellant, a businessman, contested a final protection order granted under the Domestic Violence Act 116 of 1998, which had been based on allegations of abuse made by his wife, the respondent. Both parties accused each other of abusive behaviour, and the appellant presented recordings that revealed the respondent’s aggressive conduct, contradicting her portrayal as a victim. The court expressed concerns about the misuse of domestic violence orders, emphasising the significant impact such orders can have on the accused, including the risk of arrest. The judgment stressed the need for careful consideration of both parties’ credibility and the potential influence of mental health issues. Ultimately, the court found that a final protection order was not appropriate in this case, warning against the indiscriminate granting of such orders due to the severe consequences they carry. This case serves as a cautionary reminder that domestic violence orders must be applied fairly to prevent harm to innocent individuals.