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On 5 November 2025, an elderly woman in Ceres, Western Cape, scored a significant court victory after she obtained a Protection Order effectively evicting an abusive and violent son-in-law from her home. The son-in-law is married to the woman’s daughter and they all live together in the home. After both experiencing and observing constant abuse and domestic violence, and also filing numerous reports with the relevant authorities, the elderly woman exercised her rights to access the courts to get relief. She suffers from anxiety and fear due to the violence perpetrated upon herself and her daughter at the hands of the son-in-law.
The elderly woman approached the Legal Aid SA Worcester Local Office on 28 May 2025 to seek legal assistance. Supervisory Legal Practitioner – Civil Gaynor Richter reacted speedily.
After consulting with the client, Gaynor quickly approached the local Department of Social Development to request an investigation in terms of the Older Persons Act. The report by the Department corroborated the accounts of the elderly woman, detailing the domestic abuse. At the time when our client approached Legal Aid SA, an interim order was already granted, which was vehemently disputed by the attorney for the son-in law. Due to the urgency of the situation, Gaynor immediately alerted the attorney on record for the son-in-law that the matter was referred to the Department of Social Development and that criminal charges against his client are considered as a further relief in terms of the Older Persons Act.
Following this discussion with the attorney, our client reported that the son-in law noted the severe warning and things settled down in the household, to some extent. Upon receipt of the report by the Department of Social Development, Gaynor continued to press for a court hearing to be set down and the matter was heard on 5 November 2025.
On the date of the trial, the attorney for the son-in-law withdrew from the record due to a lack of financial instructions. A request for further postponement was vehemently opposed by Gaynor, citing the urgency to finalise the proceedings in light of the elderly client’s declining physical and mental health as critical reasons for opposing the further delay in proceedings. The court denied the request for further postponement and the trial commenced.
The trial was centred on the nexus between the Domestic Violence Act and the Older Persons Act. It was argued that the client was indeed in a domestic relationship and exposed to domestic violence against an elder person as per section 1 of the Domestic Violence Act. Gaynor further emphasised section 27(6)(a) of the Older Persons Act, which serves to ensure that the court prohibits the son-in-law from having contact with the client in future. Legal Aid SA argued that the interim order be made final, together with relief for the elderly client based on the Older Persons Act, which would entail the immediate removal or eviction of the son-in-law.
The court agreed with Gaynor’s argument and the interim Protection Order was made final. Additionally, the request for the son-in-law to vacate the client’s home by 6 December 2025 was granted. The elderly woman expressed joy and gratitude over the ruling and indicated to Gaynor that she feels like “she can begin to live her life again”.
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