THE JUSTICE FOR WOMEN CAMPAIGN?

The Justice for Women Campaign was initiated by the Centre for the Study of Violence and Reconciliation (CSVR) and is supported by the National Network on Violence Against Women and the Commission on Gender Equality. Its main aim is to secure the early release of women imprisoned for killing their abusive partners. The very lengthy sentences some women have received, as well as comments made by some judicial officers indicate that the effect of the abuse upon the women was not understood or adequately taken into account.

The Campaign was launched on Monday 23 April with the handing over of Maria Scholtz's application for presidential pardon. Applications for Elsie Morare, Harriet Chidi, Sharla Sebejan and Meisie Kgomo have also been handed in. These women all received sentences between 15 to 21 years. All legal remedies open to them have now been exhausted

WHY ARE WE ASKING FOR A PRESIDENTIAL PARDON?
1. Current law does not adequately take into account differences in physical strength between men and women. For defences of provocation or self-defence to succeed, it must be shown that the attack occurred immediately after the provocation, or threat to life. The 'person' who kills in a rage during a sudden and temporary loss of self-control, or who is able to defend themselves in hand-to-hand combat is more likely to be male than female. Women may be too terrified or powerless to fight back in the heat of the moment, but they also lack the physical strength to beat adult men to death. As a consequence, they sometimes use weapons, or a third party to defend themselves, or wait until the man is asleep or vulnerable. Since these attacks appear premeditated, there is no possibility of claiming the act took place in the heat of the moment. The sentences imposed for premeditated murders are longer than those imposed for 'spur of the moment' murders.

2. Premeditated murders involving third parties are strongly censured by the legal system. Judgements handed down in the cases involving those who have used third parties to kill for financial gain or political gain, identify these cases as the worst kind of murder deserving the harshest sentences. Comparing abused women who kill to prevent further abuse, with those who kill to pursue political or financial gain produces inequality in sentencing. The circumstances are not the same.

3. Another argument for harsh sentences is that they deter other would-be killers. This is not an argument applicable to women who kill abusive partners. The CSVR's research examining conviction and sentencing patterns for cases of spousal murders during 1994 - 1998 in three Gauteng courts, found that for every one woman who killed her partner, four men killed their female partners. Two-thirds of these women were abused by their partners. Women killing abusive partners is not prevalent. These killings are the result of circumstances, not bad character.

4. With the introduction of the Domestic Violence Act some legal protection now exists for women. A national toll-free 'stop women abuse' hotline is in operation and more shelters are being established. Television programmes raise awareness around domestic violence. These are all initiatives introduced within the past two years. These options were not available to the women at the time they killed their abusers and they offer little practical or remedial help for these women now.

WHAT WE WANT THE JUSTICE FOR WOMEN CAMPAIGN TO ACHIEVE:
. a review of the sentences of all women imprisoned for killing abusive partners. The Campaign has identified women imprisoned at Johannesburg Prison. There may be other women in prisons who could also be eligible for early release;
. greater awareness amongst service providers of the need to intervene earlier and more effectively in domestic violence to prevent situations escalating to the point where a partner dies;
. a commitment from civil society and government to increasing and improving services to women experiencing domestic violence. US data indicates that the number of women killing abusive partners is declining. This decline seems to be the result of a increased services to women such as shelters, counselling and protection orders.
. increased public understanding of the impact upon children of their mother 's imprisonment. We hope this understanding will reduce the stigmatisation of children with mothers in prison, and more appropriate sentencing that punishes the woman only (should punishment be required) and not her children and family members as well.

For more information about the Campaign, please contact either Lisa Vetten, Kailash Bhana or Collet Ngwane at the CSVR (011) 403-5650