Tackling Gender-Based Violence in South Africa

07 February 2025 ,  Tinus Botes 295

In 2025, the devastating impact of gender-based violence (GBV) in South Africa remains one of the country’s most pressing issues. Despite growing awareness through media and public discourse, violence against women and children continues to be a public health and human rights crisis.

The United Nations (UN) defines GBV as "physical, sexual, or psychological harm or suffering to women, including threats of such acts, coercion, or arbitrary deprivations of liberty occurring in public or private life." In South Africa, this definition tragically reflects daily realities. Alarmingly, statistics reveal that 115 women are raped each day, totalling over 42,000 rapes annually. Furthermore, three women are killed daily by their intimate partners, making South Africa one of the most dangerous places in the world for women.

Historical and Cultural Roots of GBV
GBV in South Africa is rooted in historical, social, and cultural contexts. The legacy of apartheid played a significant role in normalising violence, particularly by equating masculinity with aggression. Additionally, many cultural practices reinforce toxic masculinity, perpetuating the objectification of women. For instance, in some communities, paying lobola (bride price) can be misinterpreted as granting men control over their wives, fostering entitlement and abuse.

Toxic patriarchal systems often prioritise male superiority, neglecting women’s and children’s rights. This structural inequality feeds a cycle of violence, with power imbalances further entrenched in rural areas where economic hardships compound vulnerability.

Legislative Response
The Domestic Violence Amendment Act (DVA) of 2022 stands out as a landmark in GBV prevention. The DVA introduces significant reforms to protect victims of domestic violence, with a particular focus on the accessibility and enforcement of protection orders.

The protection order is one of the most effective tools available to victims. Its purpose is to offer immediate relief and safeguard individuals against further harm. Victims (referred to as complainants) can apply for an interim protection order, which is granted if the evidence presented appears, at first glance, sufficient to prove an act of domestic violence.

Once the interim order has been issued, this order prohibits the respondent from committing further acts of abuse. If the respondent violates the terms, the interim order can be made final, leading to the issuing of an arrest warrant. While suspended initially, this warrant becomes enforceable upon breach of the protection order, offering victims both legal recourse and physical security.

The Act ensures that protection orders are comprehensive and adaptable. For example, they can include conditions such as prohibiting the respondent from entering the complainant’s home or contacting them. These measures are crucial for providing victims with immediate and enforceable protection while minimising procedural delays.

Despite these advancements, challenges remain. Many victims are unaware of their rights under the DVA or face barriers to accessing justice due to systemic issues, including inadequate law enforcement training and societal stigma. For the DVA to achieve its full potential, awareness and education campaigns must inform the public about these legal protections.

While these legal advancements are commendable, they alone cannot solve the problem. Enforcement challenges and societal attitudes often undermine their effectiveness.

Eradicating GBV requires more than legislation; it demands collective action through awareness and education beginning at home and extending to schools, workplaces, and religious institutions. Communities can contribute by supporting GBV-focused charities with financial and volunteer resources, engaging religious leaders to host workshops and discussions, and encouraging public figures like athletes and celebrities to advocate for GBV awareness through initiatives such as pre-game moments of silence. Additionally, SAPS officers must undergo specialised training to better support victims and address cases with sensitivity and efficiency.

A Call to Action
South Africans cannot remain passive in the face of this epidemic. Each of us has a role to play in dismantling the culture of violence and rebuilding a society that values and protects its most vulnerable. If we fail to act decisively, the devastating consequences of GBV will continue to erode the fabric of our nation.
By taking a stand—through education, advocacy, and community engagement—we can begin to turn the tide on GBV and create a safer, more equitable future for all.


Reference List:

- W Nortje & Hull S (2024), Uprooting A Culture Of Gender-Based Violence In South Africa: Critical Approaches To Bail, Policing And Awareness.
- J Modise & Masogo P (2024), Empowering Women, Building Safety: Strategies for Addressing Gender-Based Violence in South Africa.
- Domestic Violence Act 116 of 1998.

WRITTEN BY TINUS BOTES
Tinus Botes is a candidate attorney at Miller Bosman Le Roux Attorneys.

While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither writers of articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes.

 
Related Expertise: Criminal
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