Your sister understands the consequences since she goes ahead to take P 3 forms but unable to display the decision in this grievous matter.
On the strength of Article 28, which emphasises the right to the inherent dignity of a person and further legitimacy found at Article in 22 (2a), you are guided by Section 10 (2-c), which by the permission of the court you may apply for a Protection Order on behalf of your sister.
When seeking the leave of court, you may have to demonstrate why you inform your action since you are not a police officer or her representative.
Hello Eric, My case does not involve me but my sister. She is married to an abusive man, and we have, countless times, filled P3 Forms only for her to retract her statements and refuse to push forward with the cases. My question is, is there anything we can do about it from a legal perspective? I am afraid he will kill her one day.
Hi concerned sibling, The concern to liberate your sister from the chains of domestic violence is not only commendable but worthy to emulate. It resonates with the concepts of the common good, public interest and individuals’ accountability to tenets of social harmony. Justice and love are two sides of a coin that must advance humanity. The law anticipated this scenario. At Article 22 (1), every person has the right to institute court proceedings claiming that a right of fundamental freedom in the Bill of Rights has been denied, violated, infringed, or threatened. In this case, the right of your sister to violence-free life is violated, which contradicts Article 25 (a), which removes the limitation on a person’s right to be free from torture, cruel, inhuman, and degrading treatment, Article 29 (c and d), on the right not to be subjected to any form of violence and any form of torture.
