D T v B T (A217/2019) [2020] ZAFSHC 199; 2021 (1) SACR 668 (FB) (15 October 2020)

D T v B T (A217/2019) [2020] ZAFSHC 199; 2021 (1) SACR 668 (FB) (15 October 2020)

The court held that the communications between the parties, consisting of sporadic SMS messages and one voice call over a period of more than a year, did not establish a persistent or consistent pattern of conduct required to constitute emotional, verbal, or psychological abuse or harassment under the Domestic Violence Act. The intervals between communications were significant and irregular, undermining the claim of repeated conduct. The evidence regarding deprivation of contact rights with the minor child was insufficient to establish a pattern of emotional abuse. The magistrate's finding that no acts of domestic violence were proved was upheld, and the appeal was dismissed.

Citation
[2020] ZAFSHC 199
Parties
Appellant: D T; Respondent: B T
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
15 October 2020
Case Number
A217/2019
Procedural Posture
Civil Appeal / Appeal Against Refusal of Protection Order Under Domestic Violence Act
Outcome
Appeal dismissed; magistrate's refusal of protection order confirmed.
Judges
C F Nekosie, C Reinders
Legal Topics
Domestic Violence Act, Protection Order, Emotional Abuse, Harassment, Contact Rights Minor Child
Family and Children Civil Procedure Domestic Violence Act Protection Order Emotional Abuse Harassment Contact Rights Minor Child

Case Brief

Summary, issues, holding and outcome

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Parties

D T

Appellant

B T

Respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Protection Order Under Domestic Violence Act

Legal Issues

  1. 1 Whether the respondent's conduct constituted acts of domestic violence under the Domestic Violence Act.
  2. 2 Whether the magistrate misdirected herself in refusing the protection order.
  3. 3 Whether deprivation of contact rights with the minor child amounts to emotional abuse.

Ratio Decidendi

The court held that the communications between the parties, consisting of sporadic SMS messages and one voice call over a period of more than a year, did not establish a persistent or consistent pattern of conduct required to constitute emotional, verbal, or psychological abuse or harassment under the Domestic Violence Act. The intervals between communications were significant and irregular, undermining the claim of repeated conduct. The evidence regarding deprivation of contact rights with the minor child was insufficient to establish a pattern of emotional abuse. The magistrate's finding that no acts of domestic violence were proved was upheld, and the appeal was dismissed.

Court Disposition

Appeal dismissed; magistrate's refusal of protection order confirmed.

Orders

  • The appeal is dismissed.