Authored By: Liyabona Mkabile
University of South Africa
INTRODUCTION
South Africa, often referred to as the “Rainbow Nation”, is a constitutional democracy with some of the most advanced laws and protections aimed at fighting against gender-based violence (GBV). However, even with these legal safeguards, gender-based violence remains one of the country’s biggest social and legal problems. The ongoing issues with repeated offenders, shortcomings in the criminal justice system and poor execution of protective measures raise critical questions about how well the state holds itself accountable and enforces laws to safeguard GBV victims.
Gender-based violence includes detrimental actions against people grounded on their gender; such as domestic violence, sexual crimes, emotional exploitation, coercion and female homicide. In South Africa, GBV is not solely a concern for the criminal justice system but also a constitutional matter, due to it violating rights related to dignity, equality, freedom and personal security. Even though laws like the Domestic Violence Act 116 of 1998 [1]and the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 [2]offer significant legal security, ongoing issues with implementation and support for victims proceed to weaken these safeguards.
This article claims that the ongoing issue of GBV and the high number of repeat offenders in South Africa come from a merge of problems in the legal system, deep-rooted patriarchal beliefs, economic disparities and the acceptance of violence in society. Firstly, the article explores the laws related to GBV in South Africa and reviews significant court cases and recent events. It then examines the social and cultural elements that lead to violence and repeated offenses. Finally, it suggests changes to enhance accountability and prevent future incidents.
THE LEGAL AND SOCIAL ASPECTS OF GENDER-BASED VIOLENCE IN SOUTH AFRICA
The Legal Framework Addressing GBV
South Africa’s legal system for tackling gender-based violence (GBV) is based on the Constitution of the Republic of South Africa, 1996. Section 9 ensures everyone is treated equally under the law, section 10 safeguards human dignity and section 12 guarantees personal freedom and safety, including the right to live free from all types of violence. [3]These rights compel the government to protect vulnerable people from harm.
The Domestic Violence Act 116 of 1998 was created to give victims legal protection against abusive partners and family members. This law recognises different kinds of abuse, such as physical, emotional, psychological, sexual and economic abuse. It also allows victims to seek protection orders to stop further violence.
The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 broadened the definition of sexual offences and enhanced protections for those who suffer from sexual violence. Moreover, the Criminal and Related Matters Amendment Act 12 of 2021 further improved legal safeguards against sexual intimidation, online abuse and established stricter penalties for sexual crimes.
Along with these laws, South Africa launched the National Strategic Plan on Gender-Based Violence and Femicide to organise efforts against GBV through prevention programmes, support services for victims and changes in the criminal justice system. However, even with these legal protections in place, many victims still face insufficient safety due to poor enforcement, delays in the justice system and failures by law enforcement agencies.[4]
Case law and Court Rulings
South African courts have consistently acknowledged the gravity of gender-based violence. And the government’s responsibility to safeguard women from harm. In the case of Carmichele v Minister of Safety and Security 2001 (4) SA 938 (CC)[5] , a woman was attacked by a man who once was formerly charged for attempted rape but had been released regardless of concerns about his violent actions. The Constitutional Court ruled that the state could be held responsible for not protecting women from predictable violence. The Court highlighted that the prosecutors and the police officers are required by the constitution to prevent GBV and defend those who are at risk.
In another case, S v Baloyi 2000 (2) SA 425 (CC), [6]a man broke a protection order that his wife had obtained after suffering constant domestic abuse. The Constitutional Court labelled domestic violence as a ‘serious social evil” that infringes on constitutional rights such as freedom, equality and dignity The Court dismissed the idea that domestic abuse should be seen as a personal family matter, validating that the state must take effective action.
Recent events maintain on stressing the severity of GBV in South Africa. In 2024, the murder of Nontobeko Cele who was killed by her fiancé in KwaZulu Natal gained significant press coverage and sparked renewed public discussions about spousal abuse and femicide. Reports indicated that the implicated subsequently admitted in a video before taking his own life. This case showed how abusive relationships can turn deadly even when caution signals are evident.[7]
Another occurrence which caused anger across the country, was the alleged reported rape case of Cwecwe, a seven-year-old girl at school. This led to protests calling for stronger government actions against GBV and better protection for at risk children. These situations highlight bigger issues like failures in institutions, slow investigations and weak safety measures.[8]
Even though courts are giving tougher punishments for sexual crimes and killings of women, many cases do not go to trial. Victims often drop their complaints due to fear of retaliation or losing trust in the justice system. Not reporting these incidents is still a big problem, especially with cases of violence between partners.
Critical analysis and recommendations for action
Legal flaws alone cannot account for the persistence of GBV in South Africa. The crisis is also greatly influenced by social, cultural, and economic factors.
Gender norms that are harmful and patriarchal are among the main causes of GBV. Beliefs that place men in positions of dominance and expect women to be subservient or dependent continue to have a significant impact on South African society. In certain societies, male partners’ domineering behaviour is accepted as a sign of authority or masculinity. Relationship physical violence, coercive control, and emotional abuse are all facilitated by such attitudes.
Additionally, victims may be deterred from reporting abuse by certain cultural beliefs. Sometimes, women are urged to keep quiet in order to maintain family harmony or prevent embarrassing family members. When victims report abuse, they may be accused of inciting the violence or subjected to victim-blaming. Because of these attitudes, there is little social accountability for those who commit crimes.
The normalisation of violence in South African society is another significant contributing factor. In the past, gang activity, violent crime, and intercommunal strife have all been prevalent in South Africa. Early exposure to violence can cause people to see aggression as a legitimate way to settle conflicts or establish authority. Boys may internalise abusive behaviour and repeat it as adults if they witness domestic violence in their homes.
Understanding GBV also requires an understanding of toxic masculinity. The term “toxic masculinity” describes societal norms that link manhood to control over women, dominance, aggression and emotional repression. Peer pressure, media influences and social expectations all serve to reinforce these beliefs. Because of this, some men might think that using violence to establish dominance in a relationship is acceptable.
GBV is further exacerbated by economic inequality. Stress in households is brought on by poverty, unemployment and unstable finances, which can exacerbate abusive behaviour. Due to their lack of access to support networks and financial alternatives, women who are financially dependent on abusive partners frequently find it difficult to leave violent relationships.
Another important factor is substance abuse. Domestic violence and sexual assault are often associated with alcohol and drug abuse. Substance abuse does not justify violent behaviour, but it can make people more aggressive and less self-controlled, which can lead to increased conflict in homes.
The criminal justice system has significant flaws, as evidenced by the high rate of repeat offenders. Before committing more serious crimes, many offenders have a history of abuse, threats, or violations of protection orders. Before significant intervention takes place, victims frequently report abusive partners to the police several times. Protection orders are sometimes repeatedly broken without prompt enforcement or arrest.
Furthermore, there are still few rehabilitation programmes available for criminals. In order to stop future acts of violence, many offenders receive little in the way of behavioural intervention or psychological treatment. After being released from prison, criminals often return to their former surroundings without proper supervision or assistance. This fuels recurring criminal cycles.[9]
Critical analysis and recommendations for action
While South Africa has strong laws to tackle GBV, the enforcement of these laws is often inconsistent and only reacts to problems instead of preventing them. The criminal justice system usually steps in only after serious harm has been done, showing that having laws is not enough; they need to be put into action effectively, along with broader changes in society.
There needs to be more accountability within prosecution and police services. Authorities who do not handle GBV complaints properly should face consequences for their actions. We should also create more focused GBV courts and train investigators better to enhance support for victims and manage cases more effectively.
Education plays a crucial role in stopping violence. Institutions and schools ought to implement programmes that teach about consent, gender equality and healthy relationships from an early age. Public awareness campaigns must work against harmful stereotypes that make violence against women and children seem normal.
Economic inequality adds to the problem of GBV. Issues like poverty, unemployment and financial struggles increase stress in families, which can lead to more abusive behaviour. Women who rely on financially abusive partners often find it hard to leave such relationships due to lack of economic options and support systems.
Additionally, there should be stronger rehabilitation programmes for offenders. Psychological treatment, anger management and behaviour mediation programmes need to be included in sentencing and parole conditions to help lower the chances of reoffending.
Moreover, tackling GBV calls for a shared responsibility from society. Institutions, families, religious organisations and communities must work together to confront harmful attitudes and cultural practices that accept violence against women and children. Without significant social change, changes in law alone will not be enough.[10]
CONCLUSION
Gender-based violence is one of the most pressing constitutional and social issues in South Africa. Even with the vast laws and court recognition of the seriousness of GBV, violence against women and children continues at alarming rates. The high number of repeat offenders shows weaknesses in the criminal justice system and failures in society to prevent abuse before it gets worse.
This article has explained that GBV continues due to a mix of legal, social, cultural and economic factors. Patriarchal beliefs, toxic masculinity, poverty, system failures and the acceptance of violence all contribute to cycles of abuse and repeated offenses. While South Africa’s legal system offers important protections, gaps in implementation weaken its effectiveness.[11]
Therefore, addressing GBV demands more than just punishment. Enhanced law implementation, refined support services for victims, informative improvements, rehabilitation for offenders and a more inclusive cultural change are needed to efficiently fight against violence. Ultimately, minimising GBV in South Africa relies on both holding people culpable under the law and encouraging society to confront the perspectives and circumstances that allow violence to persist.
BIBLIOGRAPHY
Primary Sources
Case law
Carmichele v Minister of Safety and Security [2001] ZACC 22; 2001 4 SA 938 (CC)
S v Baloyi [1999] ZACC 19; 2000 2 SA 425 (CC)
Legislation
Constitution of the Republic of South Africa, 1996.
Criminal and Related Matters Amendment Act 12 of 2021.
Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007.
Domestic Violence Act 116 of 1998.
Secondary Sources
Research and academic publications
Khumalo J, Breaking the Cycle: Understanding Recidivism in Gender‑Based Violence (PhD thesis, University of South Africa, 2023)
University of Venda, ‘Understanding femicide in South Africa through social science and moral reckoning’ (Research Brief, June 2025)
Web Sources
Amnesty International South Africa, ‘Toxic social norms, attitudes and beliefs continue to be driving factors of GBV’ (Press Release, 25 November 2024)< https://amnesty.org.za/south-africa-toxic-social-norms-attitudes-and-beliefs-continue-to-be-driving-factors-of-gbv/ > accessed 26 May 2026.
Childline South Africa, ‘Media statement: Justice for Cwecwe and all children who have experienced sexual abuse’ (2 April 2025) < https://www.childlinesa.org.za/media-statement-justice-for-cwecwe-and-all-children-who-have-experienced-sexual-abuse/ >accessed 27 May 2026.
Democratic Alliance, ‘SAPS must come clean on GBV and child violence during 16 Days of Activism’ (Media Statement, 28 November 2025) < https://www.da.org.za/2025/11/saps-must-come-clean-on-gbv-and-child-violence-during-16-days-of-activism > accessed 26 May 2026.
Human Sciences Research Council, The First National Study on Gender‑Based Violence in South Africa (HSRC Press, 2024)< https://hsrc.ac.za/news/public-health/results-of-the-first-south-african-national-gender-based-violence-study-2022/> accessed 27 May 2026.
Republic of South Africa, ‘National Strategic Plan on Gender‑Based Violence and Femicide 2020–2030’ (Department of Women, Youth and Persons with Disabilities, 2020) <https://gbvf.org.za/publications/nsp-2020-2030/ > accessed 27 May 2026.
South African Government, ‘Minister Sindisiwe Chikunga on murder of Nontobeko Cele and calls for Gender-Based Violence accountability’ (19 December 2024) <https://www.gov.za/news/media-statements/minister-sindisiwe-chikunga-murder-nontobeko-cele-and-calls-gender-based > accessed 27 May 2026.
[1] Domestic Violence Act 116 of 1998
[2] Criminal law (Sexual Offences and Related Matters) Amendment Act 32 of 2007
[3] Constitution of the Republic of South Africa, 1996.
[4] Republic of South Africa, ‘National Strategic Plan on Gender‑Based Violence and Femicide 2020–2030’ (Department of Women, Youth and Persons with Disabilities, 2020) < https://gbvf.org.za/publications/nsp-2020-2030/ > accessed 27 May 2026.
[5] Carmichele v Minister of Safety and Security [2001] ZACC 22; 2001 4 SA 938 (CC)
[6] S v Baloyi [1999] ZACC 19; 2000 2 SA 425 (CC)
[7] South African Government, ‘Minister Sindisiwe Chikunga on murder of Nontobeko Cele and calls for Gender-Based Violence accountability’ (19 December 2024) <https://www.gov.za/news/media-statements/minister-sindisiwe-chikunga-murder-nontobeko-cele-and-calls-gender-based > accessed 27 May 2026.
[8] Childline South Africa, ‘Media statement: Justice for Cwecwe and all children who have experienced sexual abuse’ (2 April 2025) < https://www.childlinesa.org.za/media-statement-justice-for-cwecwe-and-all-children-who-have-experienced-sexual-abuse/ >accessed 27 May 2026.
[9] Amnesty International South Africa, ‘Toxic social norms, attitudes and beliefs continue to be driving factors of GBV’ (Press Release, 25 November 2024)< https://amnesty.org.za/south-africa-toxic-social-norms-attitudes-and-beliefs-continue-to-be-driving-factors-of-gbv/ > accessed 26 May 2026.
[10] Khumalo J, Breaking the Cycle: Understanding Recidivism in Gender‑Based Violence (PhD thesis, University of South Africa, 2023).
[11] University of Venda, ‘Understanding femicide in South Africa through social science and moral reckoning’ (Research Brief, June 2025).
