Self-Defence and the South African Law: The Constitutionality of Survival

Self-Defence and the South African Law: The Constitutionality of Survival Abstract 

South Africa is considered the rape capital of the world and Gender-Based-Violence and  Femicide (GBVF) is a major issue facing women and girls in South Africa. As a result of that,  women and girls are taught self-defence by their loved ones and social media content creators  and register for self-defence classes to protect themselves. They also take safety precautions  such as informing someone about their whereabouts and sharing their live locations. Pepper  sprays and knives are one of the most common self-defence methods. What happens when  women and girls face legal consequences for defending themselves? This article analysis the  constitutionality of self-defence and the role of the South African law in self-defence. It is  importance for right to self-defence to be constitutional so that women and girls can protect  themselves from gender-based violence and not be criminalized for their right to life. 

Introduction  

On 21 November 2025, a national shutdown took place in South Africa, hosted by the Non Governmental Organisation (NGO), Women For Change. Women For Change organisers  asked women and the members of the LGBTQIA+ community to dress in black, change their  social media profile pictures to the colour, purple, withdraw for paid and unpaid labour for  the day, and lie down in silence for fifteen minutes at 12:00pm SAST to honour the lives of  all the late women and girls who were victims of Gender-Based Violence and Femicide  (GBVF). The Women For Change organisers asked women and the members of the  LGBTQIA+ community to withdraw from paid and unpaid labour to signify their economic  contribution to the country. 1The Republic of South Africa is considered to be the rape capital  of the world and gender-based violence and femicide is a major issue facing women and girls  in the country. As a result of that, women and girls are taught self-defence and safety  precautions to protect themselves. However, they fear the legal consequences of self-defence.  It is importance for right to self-defence to be constitutional so that women and girls can  protect themselves from gender-based violence and not be criminalized for their right to life. 

Research Methodology 

The Doctrine method of research was used to conduct this research. The research was done  using primary sources, such as statutes and laws, and secondary sources such as online legal  articles by diverse authors. 

Legal Framework in South Africa 

Women and girls must be protected and have the right to defend themselves from harm.  Section 11 of the Constitution states that everyone has the right to life. 2Therefore, women  and girls’ lives must be protected and valued. Section 12(1)(a) of the Constitution emphasizes  the right to freedom and states that it must not be deprived from anyone.3 Section 12(1)(c)  states that everyone has the right to freedom from violence emerging from both public and  private sources.4 Section 12(2)(b) states that everyone has the right to security in their body  and the right to control over their body. 5The South African common law principle recognizes  the right to defend yourself using reasonable forced proportional to the threat. For the self defence act to be considered lawful, the attack must be unlawful, started by the attacker or  about to happen, and it must be against a legally recognized interest. The self-defence action  must be necessary to prevent the attack, be against the attacker, and the amount of force used  must be reasonable. 6 Section 12(1)(e) of the Constitution states that everyone has the right to  not be treated in a Cruel, degrading, and inhuman way.7 

The Significance of Self-Defence 

Self-defence is important because it helps people be aware of potential threats and take  appropriate action to protect themselves. It also makes you mentally and emotionally  resilient. Self-defence helps people to be aware of their surrounding and know how to react or  respond when you encounter an attacker. Self-defence saves lives and prevents women and  girls from being victims of Gender-Based Violence and Femicide (GBVF). Sometimes,  attackers rely on physical strength to overpower their victims. Self-defence helps women and  girls to defend themselves from perpetrators regardless of their physical strength.  

Suggestion / Way Forward 

More legislation to protect women and girls from Gender-Based Violence and Femicide  (GBVF) must be implemented, and the justice system must be strengthened. The amount of  forced used in self-defence must be reconsidered, especially for victims of gender-based  violence who have no choice but to choose between protecting their lives and being murdered  by their attackers. Face situations where it is either, they get harmed or their attackers get  harmed. The late Olorato Mongale, who was allegedly murdered by a man she went on a date  with8, fought until she lost her nails, according to her mother. This emphasizes the amount of  effort women and girls put into defending themselves. However, if the law limits their self defence capabilities, it violates their right to life and freedom from violence from both public  and private sources. Police officers who refuse to help victims must face legal consequences  and be held accountable for breaking their oath to protect people and denying victims their  justice.  

Conclusion 

The Republic of South Africa is considered to be the rape capital of the world and gender based violence and femicide is a major issue facing women and girls in the country. As a  result of that, women and girls are taught self-defence and safety precautions to protect  themselves. However, they fear the legal consequences of self-defence. Women and girls  must have the right to defend themselves from their attackers. Self-defence saves lives and  prevents women and girls from being victims of Gender-Based Violence and Femicide  (GBVF). Section 12(1)(e) of the Constitution states that everyone has the right to not be  treated in a Cruel, degrading, and inhuman way. More legislation to protect women and girls  from Gender-Based Violence and Femicide (GBVF) must be implemented, and the justice  system must be strengthened. The amount of forced used in self-defence must be  reconsidered, especially for victims of gender-based violence who have no choice but to  choose between protecting their lives and being murdered by their attackers. If self-defence is  criminalized, there will be more victims of Gender-Based Violence and Femicide (GBVF).  What happens when the law prevents you from protecting yourself as a woman or a girl in a  country that is the rape capital of the world and has a high GBVF rate?

Reference(S):

Primary sources 

Section 11 of the Constitution of South Africa 

Section 12(1)(a) of the Constitution of South Africa 

Section 12(1)(c) of the Constitution of South Africa 

Section 12(2)(b) of the Constitution of South Africa 

Section 12(1)(e) of the Constitution of South Africa 

Secondary sources 

Hannah Uguru, “South Africa finally declares GBV a national disaster” (The New  Humanitarian, 2 December 2025) <https://www.thenewhumanitarian.org/news feature/2025/12/02/south-africa-finally-declares-gbv-national-disaster> accessed 31  December 2025 

Anton du Plessis, “WHEN CAN I FIRE? Use of Force to Defend Property” (Institute for  Security Studies, 8 June 2004) <file:///C:/Users/sisan/Downloads/assafspu,+Journal+manager,+CQNO8DUPLESSIS.pdf>  accessed 31 December 2025 

Unknown, “MURDER OF OLORATO MONGALE” (ENCA, 30 May 2025)  <https://www.enca.com/top-stories/murder-olorato-mongale-date-turned-death > accessed 31  December 2025

1 Hannah Uguru, “South Africa finally declares GBV a national disaster” (The New Humanitarian, 2 December  2025) <https://www.thenewhumanitarian.org/news-feature/2025/12/02/south-africa-finally-declares-gbv national-disaster> accessed 31 December 2025

2 Section 11 of the Constitution of South Africa 

3 Section 12(1)(a) of the Constitution of South Africa 

4 Section 12(1)(c) of the Constitution of South Africa 

5 Section 12(2)(b) of the Constitution of South Africa 

6 Anton du Plessis, “WHEN CAN I FIRE? Use of Force to Defend Property” (Institute for Security Studies, 8  June 2004) < file:///C:/Users/sisan/Downloads/assafspu,+Journal+manager,+CQNO8DUPLESSIS.pdf>  accessed 31 December 2025 

7 Section 12(1)(e) of the Constitution of South Africa

8 Unknown, “MURDER OF OLORATO MONGALE” (ENCA, 30May 2025) <https://www.enca.com/top stories/murder-olorato-mongale-date-turned-death > accessed 31 December 2025