Building stronger communities: handling domestic violence in sectional title schemes

“Good fences make good neighbours.” This famous line from Robert Frost’s 1914 poem “Mending Walls” highlights the idea that clear boundaries help maintain harmony between people. However, as urban living evolves and people reside in increasingly close quarters, the metaphorical fences of Frost’s time seem to dissolve, exposing residents to new challenges. One of these challenges is dealing with domestic violence within sectional title schemes.

Living in a sectional title scheme offers numerous benefits, from shared amenities to a sense of community. Yet, the close proximity of units can also mean that disputes, including domestic violence, impact multiple residents. Ensuring that every member of the community plays their part in maintaining a supportive and functional environment is crucial for everyone’s well-being.

In South Africa, the Sectional Title Schemes Management Regulations (STSMA Regulations) do not specifically address domestic violence. Instead, issues of nuisance are often handled through the Prescribed Conduct Rules (PCRs). According to PCR7(1), unit owners and occupiers must not create noise that disrupts the peaceful enjoyment of others. If domestic violence leads to such disturbances, the body corporate or affected parties may take action.

If noise from domestic violence is persistent and affects others, it may be classified as a private nuisance. Nuisance laws can offer some relief, but they are not a complete solution. The Community Schemes Ombud Service (CSOS) can assist by intervening in cases of nuisance behaviour. An adjudicator from CSOS may issue orders to manage such disturbances, and failure to comply could result in contempt of court proceedings.

For more serious matters, criminal and civil remedies are available. The Domestic Violence Act and the Protection from Harassment Act provide frameworks for addressing domestic violence and harassment. The Domestic Violence Act offers protection orders to victims, which can include various prohibitions against the perpetrator. These orders can be vital for ensuring the safety of the victim and their family.

If a resident is experiencing domestic violence, they can apply for a protection order under the Domestic Violence Act. The act defines domestic violence broadly, including physical, emotional, and financial abuse, and it offers protection through various legal channels. For those unable to apply themselves, assistance from the South African Police Service (SAPS) and other support organisations is crucial.

As neighbours in a sectional title scheme, everyone has a role in fostering a safe and supportive environment. If you suspect that a neighbour is suffering from domestic violence, it’s important to act responsibly. Report concerns to the police or seek advice from organisations like the Women Abuse Helpline or Childline.

Moreover, fostering a culture of empathy and understanding can make a significant difference. Encourage open communication and support within the community. Creating a space where residents feel safe to speak up and seek help is a vital part of maintaining a healthy communal living environment.

In sectional title schemes, the boundaries between units may be physical, but the need for mutual support and understanding extends beyond these limits. By understanding our rights, responsibilities, and available resources, and by fostering a supportive community, we can help ensure that everyone in our community feels safe and respected. Just as Robert Frost’s fences symbolised boundaries, let us build metaphorical fences of support and empathy to protect and uplift each other in our shared living spaces.

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