Protecting Victims of Gender-Based Violence in South Africa
South African President Cyril Ramaphosa has openly acknowledged the severity of gender-based violence (GBV) in our country, declaring it a national pandemic. In response, Parliament has enacted three critical Gender-Based Violence Bills aimed at bolstering efforts to prevent and address domestic and sexual violence.
The legislation now in effect includes:
- The Domestic Violence Amendment Act 14 of 2021
- The Criminal Law (Sexual Offences and Related Matters) Amendment Act 13 of 2021
- The Criminal and Related Matters Amendment Act 12 of 2021
These laws collectively strengthen protections for victims, enhance the justice system’s response, and close gaps that previously hindered effective enforcement.
The Domestic Violence Amendment Act
The Domestic Violence Amendment Act updates the Domestic Violence Act 116 of 1998 to address challenges and gaps that have emerged since its implementation in 1999.
Key highlights include:
- Expanded definitions: The Act now includes terms such as controlling behaviour and coercive behaviour. It also broadens the definition of domestic violence to encompass spiritual abuse, elder abuse, coercive behaviour, controlling behaviour, and exposure of minor children to domestic violence. The Act has increased from 24 to 53 definitions to close loopholes.
- Online protection orders: Victims can now apply for protection orders electronically, improving access and efficiency.
- Obligations for health and social services: The Department of Health and Social Development is required to provide specific services to victims of gender-based violence.
The Criminal Law (Sexual Offences & Related Matters) Amendment Act
The Criminal Law (Sexual Offences & Related Matters) Amendment Act strengthens protections against sexual crimes, particularly for vulnerable groups. Key changes include:
- National Register of Sex Offenders (NRSO): Expanded to include all sexual offenders, not just those involving children or mentally disabled persons.
- Protection for vulnerable groups: Now includes young women, persons with physical, mental, or intellectual disabilities, and people over 60 years old.
- Extended registration periods: Sex offenders’ details remain on the NRSO for longer before removal.
- New and expanded offences: Includes a broader definition of incest and introduces sexual intimidation.
- Mandatory reporting: Persons aware of sexual offences against vulnerable individuals are legally obliged to report them.
The primary aim of these amendments is to prevent sexual crimes and strengthen accountability for offenders.
The Criminal and Related Matters Amendment Act
The Criminal and Related Matters Amendment Act introduces measures to facilitate testimony and evidence in sensitive cases:
- Intermediaries and evidence: Provides for the appointment of intermediaries, use of audio-visual links, and competency requirements to support witnesses, especially in non-criminal proceedings.
- Bail and sentencing: Tightens bail procedures and minimum sentencing for offences involving domestic violence or GBV. Complainants in domestic-related cases now have rights to participate in parole proceedings.
- Evidence provisions: Allows witnesses with physical, psychological, or mental disabilities to give evidence safely via closed-circuit television or similar methods.
Bail Provisions
Significant changes have been made to bail proceedings in domestic violence cases:
- Domestic violence offences are now classified as Schedule 5 offences, requiring formal bail applications in court.
- The interests of justice must be satisfied before an accused can be granted bail, making release more stringent than before.
- Section 60 of the Criminal Procedure Act has been updated to reflect these tighter bail requirements.
Moving Forward : Greater Protection for Victims
These legislative amendments are crucial steps toward combating gender-based violence in South Africa. They provide stronger protection for victims, ensure speedy access to justice, and empower authorities to act more effectively against offenders.
At Otrebski Attorneys, our experienced litigation team is ready to assist with protection order applications, bail proceedings, and other GBV-related legal matters. We are committed to supporting victims and ensuring justice is served.