SA must tackle GBV now

Annually, SA observes the 16 Days of Activism for No Violence Against Women and Children, a global campaign to raise awareness about GBV.

This year’s campaign comes at a critical time because we cannot overstate SA’s need to urgently address GBV. The government and society must be more proactive than ever in holding perpetrators accountable and protecting victims because of the escalating femicides and domestic violence.

GBV is common in SA, and many of the drivers can be attributed to the historical systems of social inequality, patriarchy and racism.

Statistics reveal the devastating reality: for the second quarter of 2023/2024, SA recorded 14 401 assaults, 10 516 rapes, and 1 514 attempted murders against women.

SA has developed several pieces of legislation influenced and guided by international treaties that condemn and address GBV – including, among others, the Domestic Violence Act and the Criminal Law Amendment Act (Sexual Offences Act).

However, many women do not know these laws, their rights and institutions designed to assist or empower them, therefore finding themselves trapped in cycles of violence and abuse, unable to escape because of economic dependency, fear of retribution or a lack of access to legal support.

This is why activism is vital in the battle to empower women to exercise their democratic rights, facilitate their use of the processes and laws available to them, and carry forward the ideals set out in the SA Constitution.

The Domestic Violence Act gives women a great degree of protection from domestic violence, offering speedy and inexpensive remedies to victims.

The primary instrument in this particular legal toolbox is the protection order, which allows victims to obtain expeditious legal protection from their abusers.

The Domestic Violence Act caters to individuals in a domestic relationship.

A domestic relationship can, in terms of the Act, develop between persons who are or were married to each other, unmarried persons who live together in a relationship, are the parents of a child or are persons who have parental responsibility for that child, are family members, are in a customary relationship or recently shared the same residence.

Despite many misconceptions, the Act defines domestic violence as more than just “physical abuse”.

The definition is open-ended and includes, among others, sexual, emotional, verbal, psychological and economic abuse, intimidation, harassment, stalking, damage to property, entry into the complainant’s home without consent and/or other controlling abusive behaviour.

The Domestic Violence Act places the responsibility squarely on the organs of states, and in particular the SAPS, to enforce the orders and provisions of the Act, often requiring (for example) that they ensure perpetrators keep a prescribed distance from victims to prevent further abuse or acts of domestic violence.

The SAPS is obliged to help victims, which includes assisting the victim in making arrangements to find suitable shelter and get medical treatment. The SAPS must also inform the victim of the remedies available and the right to lodge criminal complaints against the perpetrator.

The SAPS might also, without a warrant, arrest the alleged offender at the scene of the domestic violence when they reasonably suspect them of having committed the act.

The Domestic Violence Act further provides that if the abuser contravenes the conditions, provisions and obligations of a protection order or commits any act of domestic violence, they will be liable for a fine or imprisonment.

One of the most significant procedural advancements in the Domestic Violence Act is that victims can apply for protection orders electronically. In this regard, victims can submit applications via email to the court, which reduces the logistical and psychological barriers for victims seeking urgent protection.

Although the rates of GBV remain alarmingly high, and while it is clear that great strides have been made to develop the law and resources intended to address these issues, we still have a long way to go. Advocacy, education and legal reforms are some critical components of a proactive strategy against GBV. GBV is not just a woman’s issue; it is a national crisis.

By cultivating a society that recognises every individual’s value, irrespective of gender, SA can move towards a future where people might live free from the tethers of GBV.

As US legal scholar Cass Sunstein said, “Something must be done collectively if the situation is to be changed.”

Article: Aimee Foce (director and head of the family law department at Malherbe Rigg and Ranwell Attorneys) and Gabriella Kruger (candidate attorney with the same firm).

Also Read: 16DaysofActivism: Tell us what’s on your mind