Gender Based Violence in South Africa: Enforcement Failures and Institutional Gaps.

Introduction

Gender‑based violence (GBV) has been described by President Cyril Ramaphosa as South Africa’s “second pandemic,” a crisis so pervasive that it undermines the constitutional promise of equality and dignity.[1] Studies show that fifty-one percent of South African women have experienced GBV, while seventy-six percent of men have admitted to committing violence against women.[2] Despite decades of activism and legislative reform, GBV remains entrenched in everyday life, with thousands of women reporting abuse, harassment, and sexual violence each year. Civil society organisations such as Women for Change continue to highlight the scale of the problem, documenting survivor experiences and mobilising public pressure for systemic change.

Over the past two decades, Parliament has enacted a suite of progressive measures designed to protect women and criminalise abuse. Despite this, survivors continue to face systemic barriers. Many victims encounter secondary victimisation, harassment during reporting, and corruption that leads to missing dockets and court documents.[3] This contradicts the promises of the Constitution, which guarantees every person the right to dignity, equality, freedom, and security.[4]  

This article will investigate the legal gap between GBV legislation and survivor experiences by assessing the effectiveness of current laws, analysing failures in policing, judicial processes, and support services, and exploring how activism exposes systemic shortcomings and demands reform.

III. LEGAL FRAMEWORK

To understand the current gap between GBV legislation and the realities of victims, we must first recognise how South Africa’s laws historically functioned as instruments of gender‑based violence.[5] The gaps women face today are not simply implementation failures; they are the legacy of a legal system that was built on subordination.[6] Before 1994, the law did not merely fail to protect black women, it actively wrote their oppression into statutes and treated their bodies as property. Under apartheid, both law and custom gave men control over women.[7] Domestic violence and sexual assault were dismissed as private matters, while black women endured multiple forms of oppression through racism, poverty, and gender discrimination.[8]

Patriarchy ensured that within households’ women were treated as second‑class citizens, expected to submit to husbands with little recognition of their rights.[9] As Pumla Gqola argues in Rape: A South African Nightmare, this system created a “female fear factory,” where law and social norms worked together to normalise fear, silence, and submission.[10] The case of Sarah Baartman illustrates how colonial law extended this control into public life. Taken to Europe in 1810 and exhibited as the “Hottentot Venus,” Baartman’s body was commodified and dissected under the guise of science, legally permitted at the time.[11] Crais and Scully argue that her treatment established a lasting pattern because the black female’s body was sexualised, abnormalised, and disposable.[12] This history explains why secondary victimisation persists today, when rape survivors are interrogated about clothing or sexual history. Patriarchy was not a cultural problem the law forgot to solve; it was written into the law itself.

Post‑1994 reforms sought to dismantle this legacy. The Domestic Violence Act of 1998 introduced protection orders, signalling recognition that intimate partner violence was a public issue.[13] Yet, the Act was framed around administrative efficiency rather than survivor empowerment, leaving enforcement weak. The Sexual Offences Act of 2007 expanded the definition of rape and created the National Register for Sex Offenders, aligning South Africa with international standards.[14] On paper, this closed doctrinal gaps, but conviction rates remain low due to investigative failures and prosecutorial inefficiency. More recently, the Criminal and Related Matters Amendment Act of 2021 tightened bail provisions and sentencing, but Nortje and Hull’s analysis shows courts still prioritise accused rights over victim safety.[15] The National Strategic Plan on GBVF promised a coordinated response, yet has been criticised for underfunding, lack of transparency, and minimal survivor‑led input. These statutes demonstrate recognition of GBV as a constitutional crisis. Yet the framework remains inadequate because it fails to implement survivor‑centred approaches into its design.

CASE ANALYSIS

Judicial decisions have played a crucial role in shaping South Africa’s response to gender‑based violence, often affirming constitutional duties while simultaneously exposing systemic contradictions.[16] In S v Baloyi, the Constitutional Court recognised domestic violence as a constitutional issue, emphasising that the state has a duty to intervene in what was once dismissed as a private matter.[17] Similarly, in Carmichele v Minister of Safety and Security, the Court held the state liable for failing to protect a woman from a known violent offender, embedding positive obligations into South African law.[18] These rulings demonstrate that courts have acknowledged GBV as a constitutional crisis and have attempted to hold the state accountable.

The gap between what the law promises and what victims experience is not simply a matter of poor enforcement, it reflects the flaws in how the justice system is designed and understood.[19] Pearlin Roux argues that GBV legislation in South Africa often fails to address the root causes of violence, such as entrenched patriarchal norms and institutional inertia.[20] Her thesis calls for a reimagined legal system that goes beyond criminalisation and punishment, urging law makers to consider how cultural attitudes and systemic neglect shape the justice system’s response to survivors.[21] This argument is reinforced by Fouché and Fouché, who examine gender-based violence laws.[22] Their analysis reveals that although the laws appear responsive on paper, they are framed in ways that prioritise state control and administrative efficiency over survivor empowerment.[23] For example, mandatory reporting mechanisms and expanded definitions of domestic violence are introduced without corresponding investments in survivor support services or trauma-informed policing, leaving victims more vulnerable.[24]

This disconnect becomes even more visible when examining the procedural aspects like bail and policing. Nortje and Hull provide a clear description of how bail decisions can directly place women in danger, citing the case of Siphokazi Booi, whose alleged killer was released on bail before her murder.[25] They argue that the justice system’s emphasis on the rights of the accused often overshadows the need to protect vulnerable victims, especially in cases involving habitual offenders. Lillian Artz reinforces this point by highlighting how police officers and courts fail to apply existing laws to protect victims.[26] Her study, based on 150 case files and interviews with 50 officers in Gauteng, reveals that enforcement is undermined by poor training, resource shortages, and cultural resistance.[27] She argues that strong legal protections exist, but they are not meaningfully implemented, leaving survivors vulnerable. This indicates that legal reform, while necessary, is not enough. Without accountability, survivor-centred support, and a justice system that actively protects those it serves, the law alone cannot bring meaningful change.

The case off Uyinene Mrwetyana

The case of Uyinene Mrwetyana, a 19-year-old student raped and murdered at a post office in 2019, marked a turning point in public consciousness.[28] Her killer, a post office employee with a prior conviction for sexual assault, was sentenced to three life terms. While the conviction was swift, the case revealed systemic failures in vetting public employees and responding to prior offences. It sparked the #AmINext movement, leading to mass protests and government promises of reform.[29] However, years later, many of those promises are still unfulfilled, and femicide rates continue to increase.

The case of Timothy Omotoso

Building on this public frustration, the case of Timothy Omotoso further exposed the trauma survivors face within the courtroom. Timothy Omotoso, a Nigerian televangelist, was charged with 63 counts including rape, human trafficking, sexual assault, and racketeering.[30] Despite the severity of the accusations, Omotoso and his co-accused were acquitted of 32 serious charges in April 2025, due to lack of evidence, flawed cross-examination, and irregular conduct by prosecutors.[31] The trial was affected by repeated delays, prosecutorial misconduct, and witness intimidation including an application for the judge’s recusal, which was dismissed. The survivors’ treatment during the trial highlighted how court processes can trigger victims making them relive the trauma, undermining the protective intent of GBV legislation. This case highlights a key weakness in South Africa’s GBV legislation that even though laws exist to protect survivors, their implementation within the judicial system often fails to uphold those principles. It also reveals systemic failures such as poor witness protection, inconsistency when it comes to prosecution, and a lack of trauma-informed practices, all of which contribute to impunity and weaken public confidence in the justice system.

Women for Change Movement against gender-based violence

Public activism has become a powerful tool for demanding accountability and exposing the limitations of state responses to GBV. On 11 April 2025, Women for Change led a powerful demonstration at the Union Buildings in Pretoria.[32] The protest featured a massive, custom-made casket covered in 5,578 handwoven African beads each bead representing a woman murdered between 2023 and 2024.[33] Inside the casket were images of victims and a letter addressed to the President. The organisation also submitted a petition, signed by over 150,000 people which has now increased to 206,500 demanding that gender-based violence and femicide (GBVF) be declared a national disaster.[34]

The symbolism of the “unburial casket” was a direct indictment of government inaction. Women For Change gave the Presidency a 30-day deadline to respond to their memorandum, but the deadline passed without a response. Instead, the government launched a “90-Day GBVF Blitz,” which critics argue lacks transparency, measurable outcomes, and survivor-led input.[35] These movements show that while the law may be slow to change, society is no longer willing to wait. Until the justice system is restructured to prioritise victims, enforce protections, and eliminate loopholes, the law will remain strong on paper. 

Critical Evaluation

South Africa’s GBV laws are often described as among the most progressive globally, yet femicide rates remain five times the world average and a woman is killed every three hours, usually by an intimate partner.[36] The Domestic Violence Act 1998 and Sexual Offences Act 2007 were designed to expand protection, but they remain overly procedural and fail to embed survivor‑centred mechanisms. The Protection from Harassment Act 2011 similarly offers remedies but is inaccessible to many women due to cost, bureaucracy, and lack of awareness. While cases such as S v Baloyi and Carmichele v Minister of Safety and Security affirmed state duties, more recent practice undermines these principles. Courts often prioritise accused rights above victim safety, particularly in bail hearings, creating a constitutional dissonance between doctrine and lived reality. The Omotoso trial, marked by delays and allegations of prosecutorial misconduct, illustrates how systemic failures destroy trust and perpetuate secondary victimisation.

Research by the Centre for Applied Legal Studies highlights that the persistence of gender-based violence is tied to institutional neglect and lack of accountability within state structures.  The lack of trauma‑informed training especially in police stations, and bureaucratic inertia mean that survivors encounter hostility at the very point where protection should begin. This institutional culture reflects the historical legacy of law as an instrument of subordination, rather than transformation.

South Africa’s GBV law is progressive in design but not in practice. The persistence of femicide and sexual violence demonstrates that reform must move beyond criminalisation and focus on survivor‑centred approaches, trauma‑informed policing, and structural accountability. Without this transformation, the constitutional promise of dignity and equality will remain aspirational rather than lived.

From Law to Reform: What Has Been Done vs What Must Be Done

What has been done:

South Africa has taken visible steps to confront GBV. Parliament enacted the Domestic Violence Act (1998), the Sexual Offences Act (2007), and the Criminal and Related Matters Amendment Act (2021). Courts have affirmed constitutional duties in Baloyi and Carmichele. Government launched the National Strategic Plan on GBVF (2020) and periodic “GBVF Blitz” campaigns. Civil society activism from #AmINext to Women for Change has kept GBV at the centre of public discourse, demanding accountability and reform. These measures demonstrate recognition of GBV as a constitutional crisis and a willingness to legislate against it.

Yet femicide and sexual violence persist. Statutes remain procedural rather than survivor‑centred; bail and prosecutorial practice continue to expose victims to danger; and government programmes lack transparency and measurable outcomes. The gap lies not in the absence of law but in the weakness of institutions tasked with delivering it. In short, what has been done reflects intent but not transformation.

What can be done:

A first priority in moving GBV interventions from symbolism to substance is strengthening institutional capacity.[37] Survivors are failed not because laws are absent, but because institutions lack the resources, training, and accountability to deliver protection.[38] Police stations often lack trauma‑informed officers and facilities; forensic delays weaken prosecutions; and prosecutorial handovers create attrition.[39] Without robust institutional delivery, survivors remain unprotected and perpetrators unpunished.

Institutional reform must therefore embed survivor‑centred mechanisms at every stage.[40] This includes designated GBV units at police stations, staffed by detectives trained in trauma‑informed interviewing and evidence collection; mobile forensic teams and Sexual Assault Nurse Examiners to ensure timely medical and forensic support and specialised GBV prosecutors with fast‑track courts to prevent cases from languishing.[41] Survivor protection must be central, with guaranteed witness protection plans, psychosocial support, and expanded shelters.[42] Crucially, these reforms must be tied to transparent monitoring of independent audits, digital case tracking, and performance reviews linked to GBVF outcomes.[43]

By investing in frontline policing, forensic services, specialised prosecution, and survivor support, South Africa can begin to close the gap between policy and lived reality. Reform is not about creating new laws but ensuring that existing frameworks deliver real protection.

Conclusion

South Africa has made an effort in recognising gender‑based violence as a constitutional crisis. Laws such as the Domestic Violence Act, the Sexual Offences Act, and the Criminal and Related Matters Amendment Act, together with key Constitutional Court rulings, show that the state has accepted its duty to protect survivors. Civil society activism has kept GBV at the centre of public debate, ensuring that the issue cannot be ignored.

Yet the persistence of femicide and sexual violence makes clear that recognition alone is not enough. Survivors continue to face weak enforcement and secondary victimisation. The gap between law and lived reality remains wide.

Closing this gap requires more than new statutes, it demands stronger institutions. This could include police units trained in trauma‑informed practice, timely forensic services, specialised prosecutors, and survivor‑friendly courts. It also requires transparent monitoring and accountability so that reforms are measurable and enforceable.

South Africa has the legal framework; what is missing is delivery. By investing in institutional capacity and centring survivors in every stage of the justice process, the country can begin to turn progressive law into real protection. Only then will the constitutional promise of dignity and equality become a lived reality for women and girls. 

BIBLIOGRAPHY

Case Law

Carmichele v Minister of Safety and Security 2001 (4) SA 938 (CC)

S v Baloyi 2000 (2) SA 425 (CC)

S v Omotoso and Others (CC15/2018) ZAECPEHC 6 (2 April 2025)

The State v Z WCC 2019[2025]

Legislation

Constitution of the Republic of South Africa, 1996

Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007

Domestic Violence Act 116 of 1998

Government Publications / Policy

Republic of South Africa, National Strategic Plan on Gender-based Violence and Femicide 2020-2030 (2020) https://www.justice.gov.za/vg/gbv/NSP-GBVF-FINAL-DOC-04-05.pdf  accessed 18 July 2026

Journal Articles

Abrahams N and others, ‘Two Decades of Tracking Femicide in South Africa: An Analysis of Four National Surveys from 1999 to 2020/2021’ (2025) Culture, Health & Sexuality

Artz L, ‘Criminal Justice Responses to Domestic Violence: Assessing the Implementation of the Domestic Violence Act in Gauteng’ (2008) Gender, Health & Justice Research Unit, University of Cape Town 1–32

Fouché A and Fouché DF, ‘Legislation and Gender-Based Violence in South Africa: What Is the Problem Represented to Be?’ (2024) in Gender-Based Violence and the Law in Africa (Springer) 191–208

Nortje W and Hull S, ‘Uprooting a Culture of Gender-based Violence in South Africa: Critical Approaches to Bail, Policing and Awareness’ (2024) 45(2) Obiter 295–309

Reports

Centre for the Study of Violence and Reconciliation, Justice Denied: Gender-based Violence Crimes Remain Unpunishable in South Africa (CSVR 2025) https://www.csvr.org.za/wp-content/uploads/2025/06/801044-CSVR-Access-to-justice-SA-WEB.pdf  accessed 17 July 2026

Theses

Roux P, Towards an Improved Framework for Regulating Gender-based Violence in South Africa (unpublished LLM thesis, University of the Western Cape, 2023)

Internet Sources

Chotiner I, ‘The Death of Uyinene Mrwetyana and the Rise of South Africa’s #AmINext Movement’ The New Yorker (6 September 2019) https://www.newyorker.com/news-desk/the-death-of-uyinene-mrwetyana-and-the-rise-of-south-africas-aminext-movement accessed 18 July 2026

Galindo J, ‘Causes of Gender-Based Violence in South Africa: A Deep Dive Analysis’ The Southern African Times (2024) https://thesouthernafricantimes.com/breaking-news/social-issues/causes-of-gender-based-violence-in-south-africa/  accessed 18 July 2026

Mgunculu T, ‘Uyinene Mrwetyana’s Killer’s Previous Attempted Rape Case Left Her Family Distraught’ TimesLIVE (10 August 2024) https://www.timeslive.co.za/news/south-africa/2024-08-10-uyinene-mrwetyanas-killers-previous-attempted-rape-case-left-her-family-distraught/  accessed 18 July 2026

Mthembu N, ‘Women for Change Takes Femicide Crisis to Union Buildings, Vow to “Unbury” the Truth’ Good Things Guy https://www.goodthingsguy.com/opinion/women-for-change-union-buildings-unbury-the-truth/  accessed 18 July 2026

Satori News, ‘President Ramaphosa Addresses South Africa’s GBV Crisis on Women’s Day’ (9 August 2024)     https://www.satorinews.com/articles/2024-08-09/president-ramaphosa-addresses-south-africas-gbv-crisis-on-womens-day-454467  accessed 17 July 2026

LBBOnline, ‘This Beaded Casket in South Africa Is Revealing the Truth About Femicide’ https://lbbonline.com/news/this-beaded-casket-in-south-africa-is-revealing-the-truth-about-femicide  accessed 19 July 2026

Msibi P, ‘Legal Responses to Gender-Based-Violence in South Africa: Progress and Challenges’ https://lawarticle.in/legal-responses-to-gender-based-violence-in-south-africa-progress-and-challenges/  accessed 18 July 2026

SAHA, ‘Women Fighting Racism and Sexism’ https://www.saha.org.za/women fighting racism andsexism.htm  accessed 18 July 2026

Brown P, ‘Sarah Baartman: The Terrible Exploitation of an Unusually Shaped South African Woman’ The History Insider https://thehistoryinsider.com/the-terrible-exploitation-of-sarah-baartman/  accessed 19 July 2026

[1] Satori News, ‘President Ramaphosa Addresses South Africa’s GBV Crisis on Women’s Day’ (Satori News, 9 August 2024) https://www.satorinews.com/articles/2024-08-09/president-ramaphosa-addresses-south-africas-gbv-crisis-on-womens-day-454467  accessed 17 July 2026

[2] Centre for the Study of Violence and Reconciliation, Justice Denied: Gender-based Violence Crimes Remain Unpunishable in South Africa (2025) https://www.csvr.org.za/wp-content/uploads/2025/06/801044-CSVR-Access-to-justice-SA-WEB.pdf  accessed 17 July 2026

[3] ibid

[4] S 9, 10 and 12 of the Constitution of the Republic of South Africa, 1996

[5] J Galindo, ‘Causes of Gender-Based Violence in South Africa: A Deep Dive Analysis’ (The Southern African Times, 2024) https://thesouthernafricantimes.com/breaking-news/social-issues/causes-of-gender-based-violence-in-south-africa/ accessed 18 July 2026

[6] ibid

[7] P Msibi, ‘Legal Responses to Gender-Based Violence in South Africa: Progress and Challenges’ (Law Article, 2025) https://lawarticle.in/legal-responses-to-gender-based-violence-in-south-africa-progress-and-challenges/  accessed 18 July 2026

[8] South African History Archive, ‘Women Fighting Racism and Sexism’ https://www.saha.org.za/women_fighting_racism_and_sexism.htm  accessed 18 July 2026

[9] South African History Archive, ‘Women Fighting Racism and Sexism’ https://www.saha.org.za/women_fighting_racism_and_sexism.htm accessed 18 July 2026

[10] P D Gqola, Female Fear Factory: Unravelling Patriarchy’s Cultures of Violence (Cassava Republic Press 2022) 15

[11] P Brown, ‘Sarah Baartman: The Terrible Exploitation of an Unusually Shaped South African Woman’ https://thehistoryinsider.com/the-terrible-exploitation-of-sarah-baartman/  accessed 19 July 2026

[12] Crais and P Scully, Sara Baartman and the Hottentot Venus: A Ghost Story and a Biography (Princeton University Press 2009) 6–8

[13] The Domestic Violence Act of 1998 (SA)

[14] Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (SA)

[15] Criminal and Related Matters Amendment Act of 2021 (SA)

[16] L Masiya, ‘Gender-based violence ignites the re-emergence of public opinion on the exercise of judicial authority’ (2020) 53 Obiter 1

[17] S v Baloyi (Minister of Justice and Constitutional Development Intervening) 2000 (2) SA 425 (CC) para 11

[18] Carmichele v Minister of Safety and Security and Another (Centre for Applied Legal Studies Intervening) 2001 (4) SA 938 (CC) para 54

[19] Centre for the Study of Violence and Reconciliation, Justice Denied: Gender-based Violence Crimes Remain Unpunishable in South Africa (CSVR 2025) https://www.csvr.org.za/wp-content/uploads/2025/06/801044-CSVR-Access-to-justice-SA-WEB.pdf  accessed 19 July 2026

[20] P Roux Towards an improved framework for regulating gender-based violence in South Africa (unpublished LLM thesis, University of the Western Cape, 2023).

[21] ibid

[22] A Fouché & DF Fouché, ‘Legislation and Gender-Based Violence in South Africa: What Is the Problem Represented to Be?’ in Gender-Based Violence and the Law in Africa (Springer, 2024)

[23]ibid  

[24]ibid

[25] W Nortje & S Hull, ‘Uprooting a culture of gender-based violence in South Africa: critical approaches to bail, policing and awareness’ (2024) 45(2) Obiter 1158

[26] Artz L ‘Criminal justice responses to domestic violence: assessing the implementation of the Domestic Violence Act in Gauteng’ (2008) Gender, Health & Justice Research Unit, University of Cape Town

[27]L Artz, Criminal Justice Responses to Domestic Violence: Assessing the Implementation of the Domestic Violence Act in Gauteng (Gender, Health & Justice Research Unit, University of Cape Town 2008)

[28] T Mgunculu, ‘Uyinene Mrwetyana’s Killer’s Previous Attempted Rape Case Left Her Family Distraught’ Times LIVE (10 August 2024) https://www.timeslive.co.za/news/south-africa/2024-08-10-uyinene-mrwetyanas-killers-previous-attempted-rape-case-left-her-family-distraught/  accessed 18 July 2026

[29] I Chotiner, ‘The Death of Uyinene Mrwetyana and the Rise of South Africa’s #AmINext Movement’ The New Yorker (6 September 2019) https://www.newyorker.com/news-desk/the-death-of-uyinene-mrwetyana-and-the-rise-of-south-africas-aminext-movement  accessed 18 July 2026

[30] S v Omotoso and Others (CC15/2018).

[31]ibid

[32] LBBOnline ‘This Beaded Casket in South Africa Is Revealing the Truth About Femicide’ (6 March 2024)  https://lbbonline.com/news/this-beaded-casket-in-south-africa-is-revealing-the-truth-about-femicide accessed 19 July 2026

[33] N Mthembu, ‘Women for Change Takes Femicide Crisis to Union Buildings, Vow to “Unbury” the Truth’ Good Things Guy (22 August 2024) https://www.goodthingsguy.com/opinion/women-for-change-union-buildings-unbury-the-truth/ accessed 19 July 2026

[34] LBBOnline ‘This Beaded Casket in South Africa Is Revealing the Truth About Femicide’ (6 March 2024)  https://lbbonline.com/news/this-beaded-casket-in-south-africa-is-revealing-the-truth-about-femicide accessed 19 July 2026

[35] ibid

[36] N Abrahams and others, ‘Two Decades of Tracking Femicide in South Africa: An Analysis of Four National Surveys from 1999 to 2020/2021’ (2025) Culture, Health & Sexuality

[37]  Republic of South Africa, National Strategic Plan on Gender-based Violence and Femicide 2020-2030 (2020) 45

[38] Centre for the Study of Violence and Reconciliation, Justice Denied: Gender-based Violence Crimes Remain Unpunishable in South Africa (CSVR 2025) 12-17

[39] L Artz, Criminal Justice Responses to Domestic Violence: Assessing the Implementation of the Domestic Violence Act in Gauteng (Gender, Health & Justice Research Unit, University of Cape Town 2008) 45-52

[40] Republic of South Africa, National Strategic Plan on Gender-based Violence and Femicide 2020-2030 (2020) 48-49.

[41] Republic of South Africa, National Strategic Plan on Gender-based Violence and Femicide 2020-2030 (2020) 49-50

[42]ibid 51-52

[43] ibid 46-47