Senate passes Counter Domestic Violence Bill

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Senate passes Counter Domestic Violence Bill
Senate passes Counter Domestic Violence Bill

Africa-Press – Lesotho. The emotional, verbal, and psychological abuse and stalking of a person have been declared punishable offences under the new law and attract a M3 000.00 fine or a period not exceeding two years imprisonment. This is according to the Counter Domestic Violence Bill, 2021 that the Minister of Youth, Sports,

Gender and Recreation Hon Likeleli Tampane tabled in the Senate on Monday this week. The Bill received approval and was passed by the Upper House. This piece of legislation aims to offer protection to the victims of domestic violence and prevent domestic violence. The Bill defines domestic violence as an act, omission or behaviour which inflicts pain and injury on a person physically, sexually, emotionally, verbally, psychologically and economically. This law also makes provision for the medical doctor to terminate the pregnancy occasioned by
an incestuous relationship or rape. According to the Bill, there will be a rehabilitation center that will house the victims of abuse. The center will provide temporary basic support to victims of domestic

violence, and make provisions for adequate gender-sensitive and “affirming” health and medical care, hygiene, and sanitary facility that is inclusive of gender diversity. There will also be a Family Court that will adjudicate family problems and cases of domestic violence and this law also empowers the Chief Magistrate to designate a presiding officer who will preside over this court. The Bill further advocates for the establishment of the Restorative Justice Council. The Restorative Justice Council will hear cases of domestic violence at the community level as well as guide the restorative justice processes. “There is an established Restorative Justice Council to hear cases of domestic violence at

[a] community level. The Council shall compose of – [the] Area Chief of the place where the victim and perpetrator resides, or his representative who shall

be the chairperson; one member of [the] community policing forum nominated by the forum; one Area Councilor of the place of residence of the victim and the

perpetrator; and a secretary who shall be responsible for taking record of the proceedings. ” This Council will allow the presence of the victim and the perpetrator; not more than two people

accompanying each party, witnesses, and the victim’s representative in a case of a minor or they are unable to represent themselves. The Bill provides

the following definitions and penalties that are justiciable. “Physical abuse commits an offence and is liable on conviction to community service or a fine

not exceeding Five Thousand Maloti or imprisonment for a period not exceeding three years or both; “Physical abuse with the intention to cause serious bodily harm or any form of lasting physical

disability commits an offence and is liable on conviction to a fine not exceeding Ten Thousand Maloti or imprisonment for a period not exceeding seven

years or both; “Cunnilingus, fellatio or any form of genital stimulation commits an offence and is liable on conviction to a fine not exceeding Five Thousand Maloti or imprisonment for a

period not exceeding three years or both. ” Forcing a person to go to initiation school (a rite of passage for males or females) can find one imprisoned for a period not exceeding three years or an M5 000.00

fine. This law also criminalizes a sororate and levirate marriages and imposes a seven year imprisonment sentence or a M10 000.00 fine upon conviction. The crime of murder as a result of an act of domestic violence carries a life sentence on conviction.

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