Enforcement of Gender-Based Violence Legislation in South Africa: The Need for a Paradigm Shift

Abstract

Gender-based violence (GBV) is particularly rife in countries facing socioeconomic challenges such as inequality, and violence perpetuated by discriminatory and prejudiced structures. It is therefore not surprising that South Africa has one of the highest numbers of GBV cases and that, in attempting to curb the same, the South African government adopted the third set of GBV Amendments Acts on 14 April 2023. It is envisaged that by inter alia expanding on several definitions and types of domestic abuse, the introduction of an electronic submission system as well as obligations for the implementation of an electronic communications service provider, the Domestic Violence Amendment Act 14 of 2021 (DVAA) will contribute towards restricting GBV cases in South Africa. Adopting a legal feminist theory considering the unequal power distribution between men and women and the macrosystem theory, this chapter analyses the effective enforcement of GBV legislation in particular to what extent, considering the societal nature of GBV, South Africa’s history of gender discrimination, and society’s dependence on structural drivers, a strong GBV legislative framework can curb GBV. Drawing on gender-based violence prevention research, recommendations are made for a multi-sectoral approach to the effective enforcement of a GBV legislative framework.

1. Introduction

The Constitution of the Republic of South Africa, 1996, stands as an enduring pillar, upholding the core principles of human dignity, equality, and the advancement of human rights and freedom. Central to this fundamental framework is section 12(1)(c), which solidifies the right to freedom and security, encompassing the inherent entitlement to live free from all forms of violence [1]. This constitutional commitment serves as the bedrock for safeguarding the rights and well-being of all individuals within the nation.

In tandem with the Constitution, South Africa has taken noteworthy strides by enacting a plethora of laws and policies dedicated to addressing violence and violent crimes in South Africa. Recent statistics however serve as a stark reminder of the reality, revealing that three children and twelve women per day, over 90 days spanning from October to December 2022, fell victim because of gender norms [2]. Gender-based violence (GBV) therefore, despite the formidable efforts, remains a chronic and persisting scourge in South Africa, which undermines the principles of equality and human rights [3].

In response to this distressing reality, the South African government took yet another step forward by adopting the third set of what is referred to as the GBV Amendments Acts on 14 April 2023 [4]. It is anticipated that by inter alia enhancing the protection for victims and strengthening measures against perpetrators, the amendments would strengthen the legislative framework in curbing GBV.

This chapter consists of four sections. Firstly, the chapter delves into the profound issue of GBV in South Africa by inter alia considering the significance of socioeconomic challenges, inequality, and the complex web of societal norms, cultural attitudes, and economic disparities that may perpetuate the cycle of violence, impede progress towards gender equality, and undermine the efforts to eradicate GBV.

Secondly, the amendments made in terms of the Domestic Violence Amendment Act 14 of 2021 (DVAA) are critically analysed. By considering the sociocultural complexities surrounding GBV, light is shed on the potential effectiveness of the recent amendments as well as identifying areas where further action is needed. By examining the legislative measures and their alignment with societal realities. Thirdly the chapter discusses the theoretical framework along with drivers of GBV. Thereafter, the chapter concludes with recommendations to pave the way for informed decision-making to address this pressing human rights issue in South Africa.

2. GBV: the scourge that affects society

In recent years, gender-based violence (GBV) has emerged as a deeply concerning and multifaceted issue, capturing the attention of global communities and institutions. As per the perspective of the European Union, GBV is defined as encompassing acts of violence or harm inflicted upon an individual without their consent, driven by their gender identity [5]. This definition also encompasses violence that disproportionately affects individuals of specific genders or gender orientations. Moreover, the term GBV has expanded to encompass deliberate acts of violence targeting LGBTQI+ communities, particularly when linked to prevailing notions of masculinity, femininity, and established gender norms [5]. Although GBV does not discriminate based on age, race, or social status, its impact is most acutely felt by women and children [6].

The reality of GBV’s impact is starkly illuminated by the 2022 South African Police Statistics. These statistics reveal an alarming trend between July and September 2022, where thirteen thousand women experienced assault with intent to cause grievous bodily harm, one thousand two hundred and seventy-seven endured attempted murder, and nine hundred and eighty-nine lost their lives to homicide [7]. Equally tragic, five hundred and fifty-eight children lost their lives, while one thousand eight hundred and ninety-five cases of assault causing grievous bodily harm were reported, with children as victims, during the same period [7].

This vulnerability to violence isn’t a result of inherent susceptibility; instead, it’s a manifestation of deeply entrenched discrimination and power imbalances within societal and cultural frameworks [8]. This persistence is often perpetuated by a culture of silence and a refusal to acknowledge the issue [9]. GBV manifests in a myriad of forms, ranging from sexual and physical violence to verbal and psychological abuse, spanning from instances of hate speech within online platforms to the most severe transgressions like rape and murder [10].

Compounding the troubling nature of this phenomenon is the diversity of perpetrators. Those responsible for GBV span a range of profiles, including current or former partners, family members, colleagues, classmates, friends, unfamiliar individuals, and even those acting under the auspices of cultural, religious, state, or governmental institutions [7]. This complexity poses an additional challenge to documenting, reporting, intervening, and preventing GBV across various societal domains [10].

Within South Africa, GBV’s severity is particularly pronounced, earning the nation the reputation of the “rape capital of the world” [3]. The South African Police Statistics for the 2022/2023 period revealed that a staggering 62% of reported rape cases between July and September 2022 occurred within victims’ residences or perpetrators’ dwellings [6]. This troubling trend is further evident in the fact that women killed by intimate partners in South Africa is five times higher than the global average [11].

These alarming statistics emphasise the pressing need for more efficient and all-encompassing measures to address the ongoing challenge of GBV in South Africa. The recent amendments to the Domestic Violence Act 116 of 1998 are expected to signify a positive advancement in addressing this concern.

3. The domestic violence amendment act 14 of 2021

In 1995, South Africa exhibited its unwavering commitment to eradicating violence against women through its ratification of the Convention on the Elimination of All Forms of Discrimination against Women (“CEDAW”) [12]. This pivotal moment underscored the nation’s resolve to safeguard women’s rights and advance gender equality. The ratification of CEDAW subsequently catalysed the enactment of various domestic laws designed to protect the rights of women and children, and among these legislative achievements, the enactment of the Domestic Violence Act 116 of 1998 (DVA) stands out. In acknowledgment of disconcerting reality, two decades later, the South African government took a momentous stride by embracing the Domestic Violence Amendment Act (DVAA) on 14 April 2023, constituting the third series of amendments to the legislation addressing gender-based violence (GBV). The enactment of this Act signifies a crucial endeavour to fortify the legal framework and mechanisms aimed at addressing and combating GBV within the country. Although the DVAA seeks to strengthen the existing legal framework by introducing all-inclusive enhancements and adjustments, an analysis of the specific content and intricacies of these amendments necessitates a closer examination of the legislative modifications implemented.

3.1 Enhancing the domestic violence principle

The DVAA introduced significant modifications to the Domestic Violence Act (DVA). These revisions include a variety of aspects of domestic abuse, encompassing additions such as “coercive behaviour,” “controlling behaviour,” “elder abuse,” “exposing a child to domestic violence,” “sexual harassment,” and “spiritual abuse” [13]. Additionally, section 1 amendments entail the refinement of established definitions, including alterations to terms like “harassment,” “physical abuse,” “sexual abuse,” “emotional, verbal, or psychological abuse,” and “intimidation,” among others. This expansion is exemplified in terms of section 1 of the DVAA, by broadening the definition of “domestic violence,” which now encompasses new categories such as the mistreatment of elderly individuals and the exposure of children to violent domestic environments across various forms of abuse [13]. Additionally, the recognition of “sexual harassment” in terms of section 2(v) of the Act, as a distinct category with its sub-categories signifies a significant stride toward addressing diverse forms of violence and harassment within domestic contexts [13].

The introduction of “spiritual abuse” in terms of section 2(w) of the Act, as a concept involving the use or denial of spiritual beliefs to exert control and dominance over an individual, reflects a holistic consideration of cultural dynamics, individual backgrounds, and the factual context in which such behaviour is deemed abusive. Moreover, section 2 (s) of the DVAA also outlines physical abuse as encompassing any act or threatened act of physical violence directed towards a complainant or a related individual. In the case of a complainant who is a child, the definition involves abuse as defined in section 1 of the Children’s Act, 2005.

The DVAA also presents, in terms of section 2(u), a comprehensive definition of sexual abuse as any behaviour that exploits, humiliates, debases, or otherwise violates the sexual integrity of the complainant or a related individual. This definition covers conduct that may or may not qualify as a sexual offense as defined in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007), and, in the case of a complainant who is a child, aligns with the definition of sexual abuse as outlined in the Children’s Act, 2005.

To ensure precision, section 2(y) of the DVAA expands the definition of “weapon” to include objects capable of causing dangerous bodily harm. Section 2(c) of the Act also broadens the concept of domestic abuse within a relationship by introducing two novel definitions: “coercive behaviour” and “controlling behaviour” [13]. In this regard, coercive behaviour encompasses abusive actions or acts of force, intimidation, or undue pressure intended to coerce a complainant or a related individual into specific actions, inactions, or experiences against their will. Meanwhile, controlling behaviour in terms of sections 2(c) and (d) of the Act pertains to actions that result in the complainant, or a related person becoming dependent on or subordinate to the respondent.

These changes underscore a progressive shift toward a more holistic and encompassing legal framework for combating GBV.

3.2 Procedural changes

The DVAA has also brought about modifications in terms of technical and procedural aspects.

By furnishing explicit guidelines for law enforcement agencies and relevant institutions, section 3 of the Act endeavours to establish a more streamlined and responsive system for handling GBV cases [13]. This initiative includes, in terms of section 18B of the Act, the implementation of training programs to equip law enforcement officers with the sensitivity and competence necessary to address intricate cases with empathy. Consequently, the DVAA underscores the importance of a robust support system for survivors of GBV. Section 18B of the Act seeks to enhance access to crucial services such as counselling, medical assistance, and legal aid, thereby empowering survivors to seek help and justice without fear of reprisal [13]. Furthermore, the establishment of specialised support centers tailored to the needs of GBV survivors is an integral part of this effort. In addition, the DVAA also considers the fact that many instances of GBV go unreported due to factors like fear, stigma, or lack of awareness. To mitigate these barriers and encourage victims and witnesses to come forward, section 2A of the Act introduces anonymity and whistleblower safeguards protections.

Under section 4(1) (bb) of the DVAA, victims of domestic violence are now granted the ability to apply for protection orders electronically, eliminating the necessity to physically attend court. This innovation, which enables secure online submissions for protection orders and in terms of section 6A of the Act establishes an integrated electronic repository, undeniably alleviates the burden on complainants seeking urgent protection.

Moreover, section 4A of the DVAA introduces a provision that allows a complainant who shares a residence with a respondent and holds a reasonable suspicion that the respondent poses a threat to their safety to apply for a Notice in addition to a protection order. This Notice empowers the South African Police Service (SAPS) to establish regular contact or visits with the complainant at their residence for a court-determined duration, ensuring the ongoing safety of the complainant.

The evolving landscape of technology brings forth new avenues for perpetrating violence. In recognition of this reality, the Act acknowledges the emerging threat of electronic and cyber-based violence against women and includes provisions designed to effectively address these modern challenges. Section 5B of the DVAA now grants courts the authority to direct electronic communications service providers to furnish specific information to the courts when an electronic communication, such as on social media, is allegedly employed to commit an act of domestic violence.

Regarding reporting obligations, certain professionals, including medical practitioners, health care personnel, social workers, educators, and caregivers, who reasonably believe or suspect that an act of domestic violence has been perpetrated against a child, a disabled person, or an older person, are required to report their belief or suspicion to a social worker or the SAPS [13]. Furthermore, section 2B of the DVAA now mandates that adults, who become aware of an act of domestic violence committed against another adult, must also relay this information to either a social worker or the police. Failure to comply, in terms of section 2B of the DVAA, with this obligation constitutes a criminal offense, although concerns about potential exposure to retaliatory harm have been raised. Despite these concerns, the amendment is well-intentioned.

Lastly, it is important to note that section 2B of the DVAA also establishes that no prosecutor may decline to prosecute an individual who has violated the terms of a protection order.

The DVAA accordingly expands the purview of the Act to encompass an array of emerging patterns of violence, aiming to provide more robust protection for victims. The effectiveness of the DVAA can however only be evaluated in the context of South Africa where GBV is a deeply entrenched social problem.

4. Theoretical framework underpinning this study

In evaluating whether the amendments encompassed in the DVAA can contribute towards more effective measures to curb GBV, the protection of women and children must be considered by adopting the critical feminist theory. In addition, the ecological system theory will in turn be applied in analysing the drivers of GBV. For purposes of this research, the drivers of GBV are restricted to socio-economic factors, interpersonal relationships, and community factors [14].

Feminist theory critically addresses women’s actual social experiences to highlight the need for improved conditions [15]. The critical component also examines power roles within society from a critical perspective by identifying the structural causes of inequality. In this regard, women may experience a disconnect between their perception of marginalisation and the patriarchal state apparatus, which is ultimately in charge of achieving many of their laudable life goals [16]. It thus asserts that women have always been treated less favourably by the law. According to this theory, men are socially and economically more powerful than women in all facets of society. It contends that, despite the law’s outward appearance of neutrality, it favours men [17].

The feminist legal theory, therefore, aims to transform women’s status through legal reform. According to Bowman and Schneider formal equality theory, cultural feminism, dominance theory, and post-modern or anti-essentialist theory are the four main schools of feminist legal theory [18]. According to formal equality theory, men and women should be treated equally. Cultural feminism, however, maintains that there are distinctions between men and women that should be taken into consideration [17]. The experience of being pregnant and becoming a mother is used as evidence by cultural feminism proponents to support their position. The dominance theory, which avoids both ideas, instead focuses more on the inherent power structures that tend to establish masculine qualities as the dominant standard that establishes the axis around which the difference between men and women rotates. Furthermore, the harms of violence against women, in contexts including the family (domestic violence), rape (law and order), and sexual harassment (culture), are noted. The research thus advocates the feminist legal theory, which emphasises the dominance theory, as the dominance theory reveals the underlying injustices that allow patriarchal systems of power to persist in society. The patriarchal systems of power, in turn, support the exclusion of women and the ensuing continuation of societal violence against them.

Although authors such as Mtotywa et al. place the source of violence solely on patriarchy and male dominance, they also suggest that the ecological systems theory may be more apt in terms of stratifying the drivers of GBV. The conceptual framework of twenty GBVF drivers is provided by these authors and is divided into four sections: the microsystem, which relates to personal history and individual factors, the mesosystem, which arises from interpersonal relationships, the ecosystem, which is connected to community factors, the macrosystem, which includes social factors, and the chronosystem, which emphasises significant changes over time [14].

While the research acknowledges the presence of various ecological systems, it primarily centers on dissecting the microsystem and macrosystem components that align with the identified drivers. In the context of the microsystem, a multifaceted range of impactful components comes into play. These encompass, though are not confined to, aspects like the effects of upbringing-related aggression, ingrained stereotypical role models, inflexible gender expectations, and prevailing stereotypes [14]. Alongside these, individual factors like substance misuse must be considered. Concurrently, broader societal influences, such as the endorsement of physical dominance among men, specific religious principles, and customs, can further propagate detrimental behaviours that have become ingrained norms within numerous South African communities [14].

The multifaceted drivers of GBV are slated for comprehensive examination and evaluation in the ensuing discussions of the study. These deliberations will encompass an in-depth analysis of the intricate dynamics between the identified drivers and the occurrence of GBV. By scrutinizing these macro-level factors, the research endeavours to unravel the nuanced interconnections that underlie and perpetuate gender-based violence. This approach thus aims to offer a holistic understanding of the problem, fostering a more comprehensive foundation for effective interventions and policy reforms.

5. Drivers of GBV

Recent research done by Mtotywa indicates several drivers of gender-based violence and femicide [14].

5.1 Physical and sexual abuse

In many households’ verbal and physical abuse is perceived as normal. Especially men in South Africa use physical force as the norm in society [14]. Furthermore, it can be argued that patriarchal and sexist views legitimise violence to ensure the dominance and superiority of men. Other cultural factors include gender stereotypes and prejudice, normative expectations of femininity and masculinity, the socialization of gender, an understanding of the family sphere as private and under male authority, and a general acceptance of violence as part of the public sphere (e.g., street sexual harassment of women), and/or as an acceptable means to solve conflict and assert oneself.

Moreover, sexuality is also tied to the concept of so-called family honour in many societies. Traditional norms in these societies allow the killing of women suspected of defiling the honour of the family by indulging in forbidden sex or marrying and divorcing without the consent of the family. Norms around sexuality also help to account for the high numbers of homeless LGBT+ young people, and the prevalence of hate crimes against them, because they are considered a “threat” to societal norms. These norms covering sexuality can help to account for the mass rape of women in South Africa.

5.2 Equality and human rights dynamics

It is stated that the South African government has adopted several mechanisms to combat GBV, although the progress remains unsatisfactory [19]. The Constitution as well as the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (Equality Act) prohibits unfair discrimination on the ground of gender, origin more so traditional and cultural practices [20]. However, in practice, there is still a lot that needs to be achieved to ensure equal access to opportunities for all of South Africa. There is a need to shift minds specifically from men who may not agree that they are equal to women. Therefore, the legacy and culture supporting men’s headship is a drive to GBV [14].

5.3 Poverty and unemployment

The central concern lies in the intricate relationship between poverty, unemployment, and Gender-Based Violence and Femicide (GBVF), where these socioeconomic factors intertwine to create a complex web of vulnerability and perpetuation [14]. The core issue stems from the fact that poverty and unemployment play pivotal roles in exacerbating the occurrences of GBVF, as evidenced by the interplay of dependency dynamics, power differentials, targeting patterns, and high prevalence of GBVF incidents in certain settings such as unemployed women in households, pubs, and shebeens. This, in turn, contributes to a notable underreporting of GBVF incidents [21].

In the context of modern South African families, the widespread prevalence of unemployment and poverty amplifies the challenges associated with economic provision within households. This economic strain further magnifies women’s susceptibility to GBV, particularly due to their dependence on male interactions for financial support [22]. The high unemployment rates prevailing in the region significantly contribute to the vulnerability of women, as they become financially reliant on their male partners. This, in turn, becomes a significant impediment for women seeking to leave abusive relationships, as their lack of economic independence creates an insurmountable barrier to breaking free from harmful dynamics.

To effectively counter the pervasive tide of GBVF, it becomes paramount to prioritize and actively support women’s empowerment initiatives. By bolstering women’s economic autonomy and self-sufficiency, the cycle of dependency and vulnerability can be disrupted. It is crucial to recognize that one of the primary root causes of GBV is the absence of economic independence among women, making them susceptible to abusive situations due to financial constraints. Empowering women with the means to support themselves economically provides them with the agency to escape abusive relationships and reduces their susceptibility to exploitation [23].

The Department of Social Development’s assertion that inequality, poverty, and unemployment constitute an interconnected “triple challenge” resonates deeply in the context of GBVF. These socio-economic phenomena collectively drive the occurrences of GBVF by perpetuating unequal power dynamics, limited opportunities, and financial dependence. Recognizing and addressing this triple challenge through comprehensive policy measures, economic support, and empowerment initiatives should be at the forefront of strategies aimed at tackling GBVF effectively [14].

5.4 Religious practices and certain ideologies

Human action and behaviour are shaped by religion and its practices. South Africa is a violent and religious society, with churches ranking second only to the government in terms of power [14]. It is through religious teachings and practices that the foundation for attitudes, norms, and behaviours is often laid.

Religion, as a driving force, promotes specific ideologies concerning family structures and the roles of individuals within these constructs. This outlook often fosters a patriarchal society that perpetuates gender disparities. Such disparities are evident in the form of unequal distribution of power, with men traditionally occupying higher-level positions while women are relegated to lower-status roles. These established gender roles are rooted in religious interpretations that prescribe distinct responsibilities for men and women within the context of married life. This religiously propagated framework contributes to the perpetuation of gender inequality, limiting opportunities for women and hindering their pursuit of socioeconomic advancement.

Furthermore, the elevation of the family system to a sacred pedestal within religious contexts can create challenges when addressing instances of abuse. Religious teachings that emphasize the sanctity of the family unit can inadvertently hinder individuals from disclosing instances of abuse or seeking help. The perceived sacredness of the family can generate feelings of shame, guilt, and fear of tarnishing the religious community’s image. This often results in victims of abuse remaining silent, preventing them from accessing the support and protection they desperately need.

To navigate these complexities and mitigate the negative consequences of religious influence on gender dynamics, it is crucial to promote a more nuanced understanding of religious teachings. Encouraging religious leaders and communities to interpret and contextualize religious doctrines in ways that endorse equality, respect, and non-violence can foster positive change. Moreover, fostering open dialogues that address the intersection of religion, gender, and violence can help dismantle harmful norms and encourage a shift towards more inclusive and just societal norms [24].

5.5 Ineffective justice system

Despite a progressive Constitution and solid legislation, South Africa’s GBV cases remain alarmingly high whilst the economic and social impact of GBV is enormous. The DVAA is not sufficiently gender sensitive thus disregarding the inequality of gender roles which is often perpetuated by police officials that is disinclined to assist victims of domestic disputes as they often regard GBV as a private matter [25]. In addition, studies have shown that inaccessibility to courts and police stations, especially in rural areas, unfamiliarity with the court process, and delays in processing domestic violence applications due to staff shortages and/or a lack of inter-departmental cohesion discourage victims to obtain the necessary protection provided for in terms of the DVAA. Inadequate training of law enforcement members, insufficient resources needed to successfully conduct their work, and a lack of accountability were central to the justice system’s ineffectiveness. The consequent lack of accountability only serves to embolden abusers, as they perceive a system that permits their reprehensible behaviour to persist without consequences [26].

While laws undoubtedly constitute a significant policy commitment and catalyst for societal transformation, their effectiveness is curtailed by several formidable obstacles. One such obstacle is the pervasive lack of awareness among potential perpetrators and victims alike, rendering the legal ramifications of GBV less impactful as a deterrent. The probability of apprehension remains distressingly low, further undermining the credibility of the legal framework. Complicating matters is the coexistence of customary and religious regulations that often conflict with established legislation, creating confusion and diluting the strength of legal protections.

6. Recommendations

The DVAA has made noteworthy changes that may contribute to curbing GBV in South Africa. That being said, some of the provisions, be they well intended, may not adequately take into account the societal norms of South Africa and thus require further consideration. To enhance the recommendation for combating GBV in South Africa, the following points can be considered:

6.1 Culturally competent training for law enforcement

The recommendation rightly emphasises the need for comprehensive training for law enforcement officials, but it could further emphasise the importance of culturally competent training. This entails delivering instruction that transcends a mere grasp of legal complexities, immersing officers in cultural sensibilities, historical backgrounds, and indigenous norms that shape the interpretation and reporting of GBV incidents [3]. Such an approach would empower law enforcement to react with greater efficacy and empathy towards victims, thereby nurturing an environment of trust and collaboration.

6.2 Collaboration with civil society organisations

Although the proposal acknowledges the significance of allocating resources and enhancing capabilities, there is an opportunity to delve deeper into the importance of synergising governmental entities with non-governmental organisations (NGOs) dedicated to addressing GBV [12]. These NGOs frequently possess specialised knowledge, practical experience, and community credibility that can significantly augment the effectiveness of endeavours. Collaborating with these organisations enables the government to access grassroots insights, enabling the customisation of interventions to precisely match the requirements of particular communities.

6.3 Inclusive financial assistance programs

The idea of financial assistance programs for women and GBV victims is commendable. However, there is room for enhancement by promoting programs that encompass a wide spectrum of needs. These programs should consider women from marginalised backgrounds, including LGBTQ+ individuals, people with disabilities, and those from different racial and ethnic groups, to ensure that assistance reaches all those affected by GBV [9].

6.4 Integrated approach to prevention

The mere existence of a legal framework does not automatically guarantee awareness of its existence. Although the recommendation acknowledges the importance of prevention, there’s an opportunity for further elaboration on a multifaceted prevention strategy. Alongside the imperative engagement of boys and men, an encompassing approach to prevention might incorporate comprehensive sexuality education within educational institutions, awareness campaigns that confront detrimental gender stereotypes, and community-driven endeavors that foster healthy relationships and effective communication [27].

6.5 Accessible platforms for information and reporting

The introduction of an online platform for domestic violence applications is indeed a step forward, but it’s crucial to acknowledge the digital divide. To bridge this gap, the government could consider a dual approach—developing both online and offline channels for accessing information, reporting cases, and seeking support. This could involve toll-free helplines, community-based information centers, and mobile outreach units.

6.6 Youth engagement and education

Legislative amendments alone cannot address deeply ingrained attitudinal changes. This is of particular concern where the persistence of societal acceptance of violence within households and public spaces poses an enduring challenge. In South Africa, this phenomenon is further perpetuated by religious, cultural, and traditional norms that foster discrimination, inequality, and a patriarchal ethos. While the recommendation touches on preventive measures, it could underscore the pivotal role of integrating GBV education into early-age school curricula. This viewpoint aligns with President Ramaphosa’s recent assertion that “We must now continue the task of preventing abuse from occurring in the first place. This task entails men and boys checking their own values and behaviours that cause them to regard women and girls as targets of control and abuse” [28]. By fostering an understanding of healthy relationships, consent, and respectful behaviour from childhood, societal attitudes can be shifted over time [27]. The use of media including television, radio, and social media, as well as arts and culture, can play a significant role in raising awareness about GBV. Engaging with popular culture to challenge harmful narratives and promote positive messaging by way of anti-patriarchal and anti-GBV ideas can therefore help catalyse attitudinal shifts within society [29].

6.7 Data collection and research

Encouraging the collection and analysis of comprehensive data on GBV cases, their outcomes, and societal attitudes can provide valuable insights for policy adjustments and targeted interventions. This could also involve partnerships with academic institutions to conduct research that informs evidence-based policies.

6.8 International collaboration

GBV is a global issue, and learning from successful strategies in other countries can be pivotal to exchanging knowledge and adapting best practices to align with the unique circumstances of South Africa.

7. Conclusion

This research endeavors to comprehensively assess the efficacy of a robust legislative framework against the backdrop of South Africa’s historical gender inequalities, the pervasive societal roots of gender-based violence (GBV), and the structural factors perpetuating it. To achieve this objective, the chapter is structured into four key sections.

The initial section delves into the profound and intricate issue of GBV within South Africa, dissecting its dimensions and impacts. Subsequently, a critical analysis is conducted on the amendments introduced by the DVAA, evaluating their significance and implications. This paves the way for the third section, which explores the theoretical framework underpinning GBV, along with its multifaceted drivers. These drivers, encompassing physical and sexual abuse, notions of equality and human rights, economic disparities, religious doctrines, and flawed justice mechanisms, are examined through the lens of feminist legal theory and the macrosystem theory which delves into the bedrock of GBV drivers and its sociocultural context.

The research uncovers a compelling imperative for a legislative framework that transcends current limitations, aligning with the gravity of South Africa’s disquieting GBV statistics. The amendments enshrined within the DVAA undoubtedly represent crucial strategies aimed at tackling the scourge of gender-based violence. The DVAA’s introduction, encompassing nuanced definitions such as ‘spiritual abuse’, represents a noteworthy evolution. Additionally, the DVAA streamlines the process for addressing domestic violence, offering more effective avenues for intervention.

However, this study contends that the DVAA’s impact hinges on a comprehensive, multi-faceted approach that addresses systemic barriers ingrained within the social fabric of South Africa. Incorporating these additional aspects into the recommendation can help to foster a culture of respect and equality by moving away from the passive acceptance of GBV as a societal norm, toward a resounding rejection of such behaviour and ultimately creating a more holistic and effective approach to combating GBV in South Africa.

In this regard, it is recommended that the synergy of diverse agencies and stakeholders, necessitating a robust managerial approach characterised by seamless multi-agency collaboration is crucial in addressing GBV. This approach entails establishing unequivocal lines of communication, shared protocols, and inter-agency coordination mechanisms. The harmonious convergence of law enforcement, social services, healthcare providers, and grassroots organisations is thus paramount to fostering comprehensive intervention and holistic support. Moreover, the study contends that unless a comprehensive understanding of the societal dynamics and power structures that contribute to GBV is achieved, the credibility of the legal framework will remain undermined. The promotion of transformative change is thus paramount to the success of the implementation of the DVAA. In this regard it proposes that instead of perpetuating the existing status quo, the DVAA’s operational mechanisms should be tailored to actively drive social change, fostering a society that repudiates violence and inequality.

Thus, a holistic approach is indispensable, one that synergises legal provisions with societal education and systemic enhancements. By orchestrating this symphony of efforts, the aspiration for women to live free from discrimination and violence in a safer, more equitable society can be realised.