What Law Protects Citizens from Gender Based Violence in South Africa

Mr President, given the persistence of acts of violence against women in the public service and those who want to participate in this public space, are the current instruments sufficient? I dare say no, so I suggest that the time has come to think about laws like Bolivia`s that protect women from political violence. In addition, the Police Service added that the Domestic Violence (Amendment) Act was gradually introducing online applications for domestic violence protection orders. However, there are now dedicated desks for gender-based violence in about 400 police stations across the country. SAPS tells FORBES AFRICA that more than 91,000 police officers have been trained on victims` strengths, domestic violence and sexual offence programmes. The Criminal Law Amendment (Sexual Offences and Related Matters) Act amends Chapter 6 of the Criminal Law Amendment (Sexual Offences and Related Matters) Act. It aims to expand the reach of the National Sex Offender Registry (NSIR). It will expand the list of persons in need of protection. The legislation seeks to extend the periods during which a sex offender`s data must remain in the OCSR before it can be removed from the registry. Apart from these laws and bills, there must be a radical change in social behavior.

The Government of South Africa has ratified the African Charter on Human and Peoples` Rights (African Charter) and the Protocol to the African Charter on Human and Peoples` Rights on the Rights of Women in Africa (Maputo Protocol) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). In parallel with the ratification of these international and continental charters, the government has adopted national laws that ensure that national laws are in line with international laws. These include the Domestic Violence Act 1998, the Criminal Law (Sexual Offences and Related Matters) (Amendment) Act 2012, the Maintenance Act 1998 and the Protection from Harassment Act 2011. “We need to introduce a new value system into our society, almost the emergence and birth of a new way of life and respect for the culture of human rights in South Africa. This is ultimately what we need to change the needle when it comes to the scourge of gender-based violence,” Rossouw adds. Mr. Speaker, we all agree, in this room and outside, that the challenge of ending gender-based violence is a societal issue and therefore we all need to. The mobilization of the different sectors of society has allowed each of these sectors to study the problem in order to be able to act.

In our case, someone from the private sector did a study that tried to understand the impact of gender-based violence on the economy. This KPMG study on gender-based violence found that gender-based violence costs the South African economy between R28.4 billion and R42.2 billion a year and concluded that the issue could not be ignored by society. The study found that the cost could reach 0.9% to 1.3% of South Africa`s annual gross domestic product (GDP). The amendments to the Family Violence Act will add to what is considered family violence. For example, it will also include controlling behaviors such as isolating the victim from support and regulating the victim`s daily behavior. However, the challenge may be to what extent such protection is provided within such a legal framework and where there may be overlaps and conflicts. The 2009 study of domestic violence laws in Australia highlighted areas where there may sometimes be overlap and conflict between the Family Law Act and state and territory protection laws. Presidents, even in cases where there are laws that protect women and their interests, women have sometimes been dissatisfied with enforcement and the way women are treated by bailiffs and law enforcement agencies when cases are reported or when cases of abuse of women are decided. In a number of jurisdictions, frontline women have called for a transformation of the justice system to ensure that more women are appointed as judges. Under the new laws, the definition of domestic violence will be expanded to include victims of assault among married individuals, those dating, those in a habitual relationship, and those in real or perceived romance, intimate or sexual relationships of any duration.

South Africa already has a legal framework targeting GBV. In cases of violence between persons in a relationship, a protection order may be sought under the Domestic Violence Act. Other legislation includes the Protection from Harassment Act and the Prevention of Trafficking in Persons Act. The theme of the 2016 Commonwealth Conference of Women Parliamentarians is all the more relevant as the majority of Commonwealth countries campaigned against gender-based violence as part of the 16 Days of Activism to End Violence against Women and Children. The fact that we are still grappling with this phenomenon today highlights the problem facing our societies, despite the progress made by our countries` criminal justice systems to protect women and children through legal frameworks. With the recent rise in gender-based violence, the government is more determined than ever to introduce new laws and programs to protect South Africa`s women and children from abuse. These programmes include a victim empowerment programme aimed at intensifying and accelerating efforts to eliminate all forms of violence against women and children. Speaking on the President`s announcement, Ramaphosa said: “The adoption of laws that protect victims of abuse and make it harder for perpetrators to escape justice is a major step forward in our efforts to combat this epidemic and put the rights and needs of victims at the heart of our interventions.” When he started touching me,” Frankel says, “I thought, `What are you doing? Can`t we just watch the movie? I tried to make other suggestions because I was so confused just because he touched me.

And as it went on, I just thought, “What are you doing? You can`t do this to me, like, please stop, please don`t do that. I kept begging him. “Gender-based violence cannot be addressed without addressing gender inequality.