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GBV is not just a crime – it is a betrayal of our nation’s values

Omphemetse S Sibanda
By Omphemetse S Sibanda
14 Jan 2025
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South Africa’s epidemic of GBV demands extraordinary measures. Calls for stronger punitive measures, including chemical castration and true life sentences for rapists, might seem controversial to some, but they reflect a legitimate frustration with the inadequacies of our criminal justice system.

As the school bells prepare to ring across the nation signalling a return to classrooms filled with promise and ambition, a sombre reality shadows this hopeful moment.

For many children, particularly young girls, the opportunity to step into a future shaped by education has been cruelly snatched away. They are not absent by choice but by circumstance – victims of gender-based violence (GBV) and exploitation that has left some scarred and others prematurely thrust into the harrowing role of young mothers, some as young as 12.

What a profound shame this is for a nation that proudly touts itself as a beacon of democracy and progressiveness on the African continent and the global stage.

Our national conscience must confront this glaring contradiction: while we aspire to lead, we allow the most vulnerable among us to fall through the cracks. It is a damning indictment of a system that has failed to protect its children from predators and societal neglect.

If we are to reclaim the ideals of a truly just and humane society, we must ask ourselves: what kind of future are we building when we leave behind those who need us most?

A call for legislative and judicial reform


Premier of Limpopo Dr Phophi Ramathuba has again emerged as one of the voices of reason and urgency in a society that too often drowns in its own apathy. During the launch of the 16 Days of Activism Campaign on 26 November 2024, she declared with admirable clarity that much more had to be done to combat GBV.

Her unequivocal stance – calling for decisive action (see the video below) against perpetrators of statutory rape – is a breath of fresh air in a landscape cluttered with rhetoric and little resolve. If only her words could miraculously become law overnight.



South Africa’s epidemic of GBV demands extraordinary measures. Calls for stronger punitive measures, including chemical castration and true life sentences for rapists, might seem controversial to some, but they reflect a legitimate frustration with the inadequacies of our criminal justice system.

These calls demand a serious national debate, one that forces us to evaluate whether our current policies are sufficient to address the pervasive GBV threat to human dignity and safety in our country.

The case for decisive penal reform


The Criminal Law Amendment Act 105 of 1997 introduced mandatory minimum sentences to address violent crime. Yet the continued prevalence of rape and murder suggests that these measures have fallen short.

Perpetrators remain undeterred, emboldened by a system that appears incapable of delivering meaningful consequences. The state has a constitutional duty to respect, protect, promote, and fulfil the rights of its citizens. By failing to adequately punish GBV offenders, it is failing in this duty.

For perpetrators whose actions irreparably shatter lives, incarceration must be as severe as their crimes. A life sentence should mean precisely that – spending the remainder of their days in prison.

Chemical castration, often derided as inhumane, warrants closer examination. When implemented as part of a rehabilitation programme rather than merely punitive action, it may serve as a therapeutic intervention.

In South Africa, where recidivism rates for sexual crimes remain high, this approach could offer a balanced solution to protect society while addressing offender behaviour.

Opponents argue, predictably, that such measures infringe on the rights of perpetrators. The irony is almost too much to bear. What about the rights of the victims – the women and children whose lives are shattered beyond repair? Apparently, those rights are negotiable.

Protecting victims and enforcing accountability


Consider the tragic example of a 13-year-old girl giving birth in December 2024 after being raped by a 28-year-old man. Such cases expose the systemic failure of the criminal justice system to prevent and punish sexual violence effectively. The Constitution enshrines the right to freedom and security of the person, yet victims of GBV are consistently denied this fundamental right.

Perpetrators often face inconsequential punishment, fostering a culture of impunity.

Furthermore, the establishment of a public register for all GBV offenders – not just paedophiles – could serve as a powerful deterrent. A public register would empower communities to protect themselves and serve as a deterrent to would-be offenders. Yes, it might infringe on the “privacy” of perpetrators, but frankly, those who prey on the vulnerable have forfeited their right to anonymity.

Challenges and opportunities


Opponents of harsher penalties argue that measures like stiffer and longer sentences, chemical castration and public registers infringe on offenders’ human rights.

While these concerns are valid, they must be weighed against the devastating societal impact of GBV. The state has a constitutional duty to respect, protect, promote and fulfil the rights of all citizens, especially those most vulnerable to violence and exploitation.

Moreover, South Africa must confront the competence of some judicial officers in adjudicating GBV cases. A comprehensive review of judicial training, combined with specialised courts for GBV cases, could ensure that justice is served swiftly and appropriately.

Sentencing must reflect the seriousness of the crimes committed and serve as a deterrent to others. Too often, lenient sentences and poorly reasoned judgments undermine public confidence in the justice system.

Justice must not only be done but be seen to be done, especially for crimes as heinous as GBV. Our judicial system needs a spine.

It is high time that criminals in South Africa learn they have no place in a decent and humane society. GBV is not just a crime; it is a betrayal of our nation’s values.

Premier Ramathuba’s bold stance must galvanise our leaders to prioritise GBV as a national emergency. The right to live free from violence and fear is non-negotiable.

South Africa’s criminal justice system must rise to the challenge of protecting its citizens and holding perpetrators accountable. Anything less is a betrayal of our constitutional values and a failure to honour the lives shattered by GBV. DM

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