South Africa’s Legislative and Policy Framework to Combat GBVF

Gender-Based Violence and Femicide (GBVF) remain among the most critical challenges facing South Africa today. While statistics continue to reveal the severity of the crisis, the country has not remained idle. Over the years, South Africa has developed a robust legal and policy framework aimed at protecting its citizens, particularly women, children, and other vulnerable groups, from the ongoing scourge of violence and abuse.

Grounded in the Constitution and supported by various legislative acts and amendments, these policies aim to shift the tide by punishing perpetrators and protecting and empowering victims. Here’s an overview of the key legislative and policy tools South Africa has in place to tackle GBVF.

The Constitution: A Foundation for Protection

South Africa’s Constitution lays the groundwork for all laws protecting human rights.

Chapter 1 outlines the country’s founding values: human dignity, equality, non-racialism, non-sexism, and advancing human rights and freedoms. These values are vital for creating a society where women, children, and vulnerable individuals can live free from fear.

Chapter 2, the Bill of Rights, guarantees rights such as life, dignity, freedom, and security of the person, all of which are often violated in cases of GBV.

National Crime Prevention Strategy (NCPS) – 1996

The National Crime Prevention Strategy (NCPS) was one of post-apartheid South Africa’s first major crime strategies. It emphasised addressing the root causes of crime rather than simply punishing it. Recognising the high levels of violence, especially against women and children, the strategy advocated for community-based efforts to prevent violence in homes, schools, and public spaces.

The Domestic Violence Act 116 of 1998

This act was a landmark move to protect individuals from abuse in their homes or relationships. It defined domestic violence broadly, covering not just physical abuse but emotional, sexual, verbal, psychological, and financial abuse. The Domestic Violence Act 116 of 1998 provided a simplified process for victims to obtain protection orders, making legal recourse more accessible.

Domestic Violence Amendment Act 14 of 2021

This amendment updated and strengthened the 1998 Act. Notable improvements in the Domestic Violence Amendment Act 14 of 2021 include:

• Expanding the definition of abuse to include spiritual, elder, coercive, and digital abuse.
• Allowing victims to apply for protection orders online.
• Requiring certain professionals to report suspected abuse involving vulnerable individuals.
• Introducing an Integrated Case System to improve service coordination and hold authorities accountable.

The Criminal Law Amendment Act 105 of 1997

Passed to address rising violent crimes, including rape and murder, this act introduced minimum sentencing guidelines for serious offenses. It ensures that the justice system imposes strict penalties, particularly for repeated or severe crimes, sending a strong message of zero tolerance for gender-based violence.

Criminal Law (Sexual Offences and Related Matters) Amendment Act 6 of 2012

This act focused on strengthening protections for victims of sexual offences, especially children and people with disabilities. A key feature is the National Register for Sex Offenders (NRSO), which lists individuals convicted of sexual crimes against minors or people with mental disabilities. However, this register has not yet been made public, limiting its potential to safeguard vulnerable groups.

Criminal and Related Matters Amendment Act 12 of 2021

This act aimed to make the justice system more responsive to GBV:

• It tightened bail conditions for serious crimes like rape and domestic violence.
• It introduced victim impact statements—giving survivors a voice in sentencing.
• It encouraged harsher penalties and allowed for video testimony, offering greater safety and dignity for survivors in court.

Criminal Law (Sexual Offences and Related Matters) Amendment Act 13 of 2021

Often confused with the 2012 act, this 2021 amendment builds further on improving justice for survivors of sexual offences. It reinforces provisions that make it harder for perpetrators of violent crimes to evade justice and strengthens the role of survivors’ testimonies and victim protection.

Laws Are Only as Strong as Their Implementation

South Africa’s legislative and policy framework shows that the country recognises the seriousness of GBVF and has made significant efforts to combat it. From the Constitution to various amendments targeting domestic abuse, sexual offences, and criminal justice reform, the intent is clear: protect the vulnerable, punish the guilty, and prevent future harm.

However, the real challenge lies in implementation. For these laws to be truly effective, they must be adequately enforced by police, courts, and communities. Survivors need to be able to trust the system. Until then, the gap between what is written on paper and what happens in real life will remain a critical battleground in the fight against GBVF.