Standing United Against Gender-Based Violence

IN PARTNERSHIP WITH CLIFEE DEKKER HOFYMEYR

A call beyond the law.

The scourge of gender-based violence (GBV) has run rampant through our society for centuries. GBV in South Africa has its roots in the system of slavery and was recognised as a pervasive issue as far back as the 1600s, with instances of widespread sexual violence and exploitation occurring among enslaved women. Notwithstanding its enduring prevalence, GBV was often under-reported during South Africa’s apartheid era, especially when instances involved women of colour, leading to a lack of comprehensive data and awareness. With the fight against GBV mounting, the 1990s saw increased activism to address the endemic issues and increase awareness. This saw the initiation of the 16 Days of Activism Against Gender Violence campaign in 1991, which raised public and political awareness of the issue. However, GBV’s identification as a public- and policy-related issue only gained significant traction in the post-apartheid era, particularly after the enactment of the Domestic Violence Act 116 of 1998, with a major increase in public awareness and government response following high-profile cases of violence against women in the 2010s.

LEGISLATION ABOUNDS YET GBV PREVAILS

It is no surprise then that South Africa has no shortage of policy and legislation intended to protect women and girls. Underpinning it all is our shining Constitution, protecting women’s basic human rights to freedom and security of the person, equality, dignity, and entrenching a wide range of socioeconomic rights. The enactment of the Domestic Violence Act of 1998 marked a significant shift in our legal landscape, providing a legal framework for addressing domestic violence, giving legal recognition of the rights of women to be protected against harm from all, including their partners.

Still, even in the face of a strengthening legal system to combat GBV, the horrors facing women and girls showed no signs of letting up. In 2013, the nation wept as we learned of the brutal attack, rape and disembowelment of 17-year-old Anene Booysen. Four years later, in 2017, Karabo Mokoena went missing – her body was eventually found burnt in an open field in Johannesburg. The attack, rape and murder of Uyinene Mrwetyana – right next to a police station – was also widely publicised and again thrust GBV into the public spotlight, galvanising action in 2019.

Government’s response was to, among other things, adopt the National Strategic Plan on Gender-Based Violence and Femicide in 2020. The plan’s six pillars are aimed at preventing GBV, strengthening the criminal justice system’s response to GBV and providing support, care and healing to survivors of GBV. Part of the plan’s strategy to strengthen the justice system was to pass the “trio of GBV laws” in 2022, which included amending the Domestic Violence Act to expand the definition of domestic violence, amending the Criminal Law (Sexual Offences And Related Matters) Act to expand the scope of the National Register for Sex Offenders and various amendments to the Criminal And Related Matters Act to increase protection for survivors. In addition to our Constitution and these newly amended pieces of legislation, the Prevention and Combating of Trafficking in Persons Act of 2013 and the Filming and Publication of Certain Child Abuse Material Act (FPAA) of 2022 also address aspects of GBV. These laws, all read together, aim to improve protection for survivors, expand the definition of GBV, strengthen prosecution and increase state accountability.

NOT A PROBLEM FOR ONLY THE LAW TO FIX

Our legal system, designed to combat GBV, being what it is, one would expect GBV statistics to be on the decline. The tragic reality is that quite the opposite is true. In recent years, the South African Police Service’s crime statistics have reflected a steady increase in all forms of violence against women, the murder of women and sexual offences, including rape, against women. How can this be? How is it that a country whose Constitution is lauded the world over as being among the most progressive and impressive, produces statistics as devastating as ours? The answer is as saddening as it is undeniable – GBV isn’t a problem for only the law to fix.

In 2024, the Human Sciences Research Council (HSRC) released the First South African National Gender-Based Violence Study to provide insightful data on the issue, highlight the scale of the crisis, establish a baseline for GBV prevalence, identify risk factors and inform the National Strategic Plan on Gender-Based Violence and Femicide. Its results revealed some sobering truths about our society:

• 1 per cent of women aged 18 and older have experienced physical violence in their lifetime.
• Women with disabilities faced higher rates of sexual and physical violence compared to women without disabilities.
• 24 per cent of women reported experiencing violence from an intimate partner.
• Nearly 70 per cent of men surveyed believe a wife should obey her husband
• 15 per cent of men felt a husband had the right to “punish” his wife.

The study reflects an imbalanced society in which women remain vulnerable as they continue to be viewed as second-class citizens not only in our dangerous public streets, but even in their workplaces and homes.

DEEP-ROOTED ISSUES REQUIRE ATTENTION

I am a women’s rights expert dedicated to driving constitutional challenges to legislation, litigating and engaging to hold the state accountable and to otherwise upholding and enforcing the rights meant to protect our women and girls. This expertise forms my considered view that the law is not enough – not nearly enough – to truly combat GBV. If that were the case, our impressive Constitution and legislative framework would be moving the proverbial needle, and the efforts of lawyers, such as myself and many others, would produce swift and impactful change. However, it is the continued longing for this swift and impactful change – even against the backdrop of our formidable legal system – that makes it clear that at the heart of GBV are deep-rooted social, political and economic issues that require attention from every one of us.

GBV is fuelled when we allow gender dynamics and outdated gender norms to remain unchecked. It thrives when we turn a blind eye to the harassment and discriminatory treatment of women in the workplace, and when business decides to ignore instead of empower. It is further entrenched when we raise our girls differently to how we raise our boys, when we see our fathers abusing our mothers and when we don’t talk to our friends and family about these crippling social issues. GBV prevails when the private sector, across all industries, doesn’t play its part in holding our state accountable.

It is a pervasive issue we must all face. We cannot rely on the law to solve it alone. When we speak up and allow others to speak up, the root causes of GBV that live and breathe in the shadows are brought to light so they can be challenged and vanquished. There is a role for us all to play, no matter how big or how small. And, it’s a role we must all assume without delay – our very lives depend on it.

EVEN IN THE FACE OF A STRENGTHENING LEGAL SYSTEM TO COMBAT GBV, THE HORRORS FACING WOMEN AND GIRLS SHOWED NO SIGNS OF LETTING UP.

AT THE HEART OF GBV ARE DEEP-ROOTED SOCIAL, POLITICAL AND ECONOMIC ISSUES THAT REQUIRE ATTENTION FROM EACH AND EVERY ONE OF US.

https://www.cliffedekkerhofmeyr.com/en/