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Transforming justice — the urgent need for reforms in South Africa’s gender-based violence response

Sazini Mojapelo
By Sazini Mojapelo
24 Oct 2024
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Gender-based violence and femicide transcends mere statistics, affecting lives, families and communities at an alarming scale. To tackle this issue, we must broaden the scope of our investigation to encompass the entire victim support framework.

In May this year, 16 million South Africans headed to the polls, paving the way for the seventh administration and the Government of National Unity (GNU) that will lead our country for the next five years. It was pleasing to see that the election’s outcome was declared free and fair, and most importantly that the voices of our people were noted and change has entered our country. 

Only days before the elections, President Cyril Ramaphosa signed the National Council on Gender-Based Violence and Femicide Bill, which was first introduced in 2022. I received the news of the president signing the bill into law with cautious optimism. Our aspiration for a free and equal society remains undermined as long as the women in our country do not feel safe and empowered.

And they don’t, for various well-documented reasons.

The gravity of the issue


Shortly after the elections, we were once again confronted with a sobering reminder of our ongoing struggle against gender-based violence and femicide (GBVF) when the public protector released a damning report on the handling of GBVF.  

The GBVF Response Fund applauds the investigation that shed light on critical administrative shortcomings within South Africa’s criminal justice system. It scrutinised the support systems offered to GBVF victims by key government entities, including the departments of Justice and Constitutional Development, Social Development, and the South African Police Service (SAPS).

Key issues highlighted included convoluted application processes and prolonged investigation and prosecution timelines that exacerbate trauma.

Inadequate coordination among stakeholders, insufficient resources and training for personnel handling GBVF cases, and poor data management hamper effective case monitoring, further compounding these issues.  

The public protector’s investigation reveals a complex web of administrative challenges hindering the processing of GBVF-related matters. It underscores a systemic failure to protect and support survivors adequately, revealing gaps that demand immediate and comprehensive reforms.

To confront these gaps effectively, we must first acknowledge their systemic nature. Beyond isolated incidents, the issues identified in the report reflect broader structural deficiencies requiring systemic reforms.

These deficiencies erode trust in the justice system, perpetuating a cycle of impunity. It requires coordinated efforts and a strong moral imperative to urgently address these shortcomings at every level of the justice system, including law enforcement, the judiciary, and support services.

The pathways to reform


As an organisation dedicated to combating GBVF, we are profoundly troubled by these identified gaps and inefficiencies that perpetuate trauma and obstruct justice for survivors.

The GBVF Response Fund recognises the need for sweeping improvements outlined in the report. At the heart of the suggested reforms lies accountability, not only in terms of holding the perpetrators of GBVF accountable, but also in ensuring that the institutions responsible for administering justice are themselves accountable to the victims and the public.

Furthermore, transparency in processes, timely interventions, and robust oversight mechanisms are crucial elements of this accountability framework.

GBVF remains a pervasive and deeply troubling issue in South Africa. It transcends mere statistics, affecting lives, families and communities at an alarming scale.

To tackle this issue, we must broaden the scope of our investigation to encompass the entire victim support framework. Sensitisation training is crucial for law enforcement and justice officials to decrease secondary victimisation and to enhance support for victims navigating the legal system.

Survivors must be empowered with comprehensive information throughout legal proceedings, ensuring they grasp bail conditions and case progress.

Amending the Victim Charter to mandate the provision of bail conditions to victims can prevent re-victimisation post release, as tragically exemplified in recent cases.

This investigation marks a critical step in dismantling barriers that impede GBVF victims’ access to justice. The fund welcomes the report’s recommendations and pledges collaboration with the government and civil society to implement reforms, ultimately fostering a justice system that safeguards survivors, families, and communities affected by GBVF.

By addressing administrative deficiencies head on, we advance towards a more just and supportive environment for all affected by these heinous crimes.

The problematic definition of intent


Each case of GBVF represents a story of trauma and injustice, calling for a swift and effective response from the institutions responsible for upholding justice. Unfortunately, victims of sexual violence often face significant obstacles when seeking justice in our court system.

Recent progress on the issue of intent has emerged from a landmark ruling won by the Embrace Project regarding the problematic definition of consent.

On 30 September 2024, the Gauteng Division of the High Court in Pretoria ruled that certain provisions of the Criminal Law (Sexual Offences and Related Matters) Act were unconstitutional and invalid. These provisions fail to criminalise sexual violence when the perpetrator has a mistaken and unreasonable belief that the complainant consented to the sexual act.

Pending confirmation by the Constitutional Court, the law will change to require accused individuals to take “objectively reasonable steps to ascertain that the complainant consented to sexual conduct”.

This legislative shift will establish a more reasonable standard for proving intent, thereby removing a significant barrier to securing convictions in sexual violence cases. As a result, the National Prosecuting Authority may decide to pursue more of these cases in court.

The call to action


While we are a private-sector led fund, we remain a trusted partner to all stakeholders in the fight against GBVF. The fund’s work is more crucial than ever, and we urge all policymakers to adopt the recommendations outlined in the public protector’s report to foster a comprehensive, society-wide approach to combating GBVF in our country.

Our collaboration with private sector companies in supporting the National Prosecuting Authority’s Thuthuzela Care Centres has resulted in an increase in these centres nationwide and a notable rise in the reporting of GBVF cases.

As a society, we are judged not only by our aspirations but by our actions, and the findings of the public protector’s report serve as a clarion call for decisive action. It is incumbent upon all stakeholders, including government officials, civil society, the private sector, and citizens to rally together to support meaningful reform.

The pursuit of justice for victims of GBVF demands a relentless commitment to accountability, compassion, and equity. Each of us has a role to play, whether through advocacy, support for victims, or holding our leaders to account.

Although the revelations of administrative deficiencies in GBVF cases are sobering, they also present an immense opportunity for transformative change. Let’s use this momentum to construct a justice system that responds promptly, treats everyone fairly, and safeguards the rights and dignity of every individual.

Let us seize this moment to reaffirm our collective commitment to a future in which justice is not just a promise, but a reality for all. The time for action is now. DM

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