Authored By: Nthabeleng Ramolula
University of South Africa
- Introduction
Gender-based violence (GBV) remains one of the most serious human-rights and constitutional challenges facing South Africa. It includes violence directed at a person because of gender or violence that disproportionately affects persons because of gender inequality, including domestic violence, rape, sexual violence.[1] South Africa has developed an extensive constitutional, legislative and policy framework intended to prevent GBV, protect victims and survivors, and hold perpetrators accountable. Nevertheless, the continued prevalence of violence against women and children raises an important legal question: whether the existence of a comprehensive legal framework is sufficient to provide effective protection in practice.
The constitution provides the foundation for the legal response to GBV through the rights contained in the bill of rights such the right to life and freedom and security of person.[2]These rights demonstrate that protection from GBV is not merely a policy objective but a constitutional obligation.
Parliament has enacted legislation including the Domestic Violence Act 116 of 1998, the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 and subsequent amendments to strengthen protection and criminal justice responses. More recently, the National Council on Gender-Based Violence and Femicide Act 9 of 2024 established a statutory mechanism for national coordination.
Despite these developments, significant concerns remain regarding implementation, prevention, institutional accountability and access to justice. The central argument of this article is therefore that South Africa does not primarily suffer from an absence of GBV laws; rather, the effectiveness of the existing framework is weakened when laws, policies and institutional mechanisms are not implemented consistently and preventively.
- Legislative Framework
South Africa’s statutory framework contains several mechanisms addressing different forms of GBV. The Domestic Violence Act 116 of 1998 provides for protection orders and related measures to protect victims of domestic violence.[3]Its importance lies in recognising that violence within domestic relationships is a matter requiring State intervention rather than a purely private family dispute.
The Domestic Violence Amendment Act 14 of 2021 strengthened this framework by amending definitions, further regulating how domestic violence matters must be dealt with, and strengthening provisions concerning protection orders. Most of the Act commenced on 14 April 2023. The amendments represent an attempt to respond to weaknesses identified in the earlier framework and to improve protection for victims and survivors[4].
Sexual violence is addressed principally through the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. The Act provides a comprehensive statutory framework for sexual offences and includes provisions dealing with victims, evidence, investigation and the National Register for Sex Offenders.[5]
The most recent institutional development is the National Council on Gender-Based Violence and Femicide Act 9 of 2024. The Act establishes the National Council on Gender-Based Violence and Femicide and provides for its objects, functions, Board, Secretariat and provincial and local working groups.[6] It commenced on 15 November 2024. The creation of a statutory coordinating body is significant because GBV requires cooperation among the police, prosecutors, courts, health services, social development, education, civil society and other institutions.
- The Gap Between Law and Implementation
Although the legislative framework is extensive, the existence of legislation does not automatically produce effective protection. Central weakness is often found in implementation. A victim may have a statutory right to protection, but that right has limited practical value if institutions fail to respond promptly, if protection orders are not effectively enforced, if investigations are inadequate or if victims face barriers to justice.
The National Strategic Plan on Gender-Based Violence and Femicide (NSP-GBVF), adopted in 2020, recognised that GBV requires a coordinated, multi-sectoral response. Its six pillars include prevention, strengthening criminal justice response, and providing support, care and healing to survivors.[7] This is important because it recognises that criminal prosecution is only one part of an effective response.
Prevention is particularly important. Criminal law is fundamentally reactive: an offender is investigated, prosecuted and punished after an offence has occurred. In cases involving rape and femicide, however, the consequences may be irreversible. A severe sentence cannot restore a life or remove the trauma suffered by victims, families and communities. Consequently, an effective GBV framework should also identify risks, prevent violence where reasonably possible and provide accessible support before and after an offence.
Institutional accountability is therefore essential. Where police, prosecutors or other State institutions fail to perform duties required by law and the Constitution, the problem cannot be solved simply by passing another statute.
Access to justice is another important measure of effectiveness. Victims and survivors should be able to report violence without fear of secondary victimisation, receive appropriate protection, obtain information about proceedings and access medical, psychological and social support. A framework that criminalises conduct but leaves victims unable or unwilling to use the justice system cannot be regarded as fully effective.
- Case Law
The murder case of Uyinene Mrwetyana provides a powerful illustration of the consequences of GBV and the importance of both accountability and prevention. Mrwetyana was a 19-year-old University of Cape Town student who disappeared after visiting the Clareinch Post Office in August 2019. Luyanda Botha, a former Post Office employee, was subsequently arrested and pleaded guilty to rape, murder and defeating the ends of justice. He received three life sentences for the rape and murder, together with an additional five-year sentence for defeating the ends of justice, with the latter running concurrently.[8]
The case demonstrates the strength of the criminal justice system. SAPS reported that a multi-party investigative team consisting of detectives, missing-persons investigators and tracing teams worked on the case and secured the conviction.[9]The prosecution and sentence therefore showed that serious GBV offences can result in accountability when investigations are effective and evidence is properly secured.
However, the case also illustrates why effectiveness cannot be measured solely by conviction and punishment. Government reported shortly after Mrwetyana’s murder that Botha had previous criminal convictions and ordered an investigation into how he had remained employed by the South African Post Office.[10]This raised questions concerning institutional processes, background screening and the extent to which information about criminal histories is identified and appropriately acted upon.
Therefore, this case supports the broader argument of this article: South Africa’s legal framework can deliver punishment after serious violence occurs, but effectiveness should also be evaluated by what institutions do before violence occurs. The case should not be treated as evidence that every aspect of the legal framework failed. Rather, it demonstrates why prevention, institutional accountability, effective investigation and punishment must operate together.
- CONCLUSION AND RECOMMEDATIONS
South Africa possesses a substantial constitutional, legislative and policy framework addressing gender-based violence however the continuing prevalence and severity of GBV demonstrate that legal protection cannot be assessed solely by counting statutes or measuring the severity of sentences. The decisive issue is whether the framework operates effectively in practice. Prevention, institutional accountability, effective investigations, accessible justice and survivor support are essential components of that effectiveness. The Uyinene Mrwetyana case illustrates this distinction. The State’s criminal justice response resulted in the perpetrator being identified, convicted and sentenced to three life terms, demonstrating the capacity of the system to impose serious consequences for serious offences. At the same time, questions surrounding the offender’s previous criminal convictions and employment illustrate why prevention and institutional processes must form part of the legal analysis. In conclusion, here are some of the recommendations that South Africa can implement in their fight against GBV Firstly, implementation of GBV legislation should be monitored through measurable targets and clear institutional responsibilities. Parliament and relevant oversight bodies should be able to assess whether laws are producing practical improvements.
Secondly, prevention should receive equal attention to prosecution. Schools, universities, workplaces and communities should promote education on consent, equality, respectful relationships and the consequences of violence.
Thirdly, SAPS, prosecutors, courts and victim-support services should receive specialised and continuing training on GBV. Investigations should be victim-centred and sufficiently resourced, while victims should be protected from unnecessary secondary trauma.
- Bibliography
Constitution of the Republic of South Africa, 1996
Domestic Violence Act 116 of 1998.
Domestic Violence Amendment Act 14 of 2021.
Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007.
National Council on Gender-Based Violence and Femicide Act 9 of 2024.
S Durham What is gender-based-violence(GBV)?, https://www.sacap.edu.za/blog/applied-psychology/what-is-gender-based-violence-gbv/ Accessed 1 August 2026
Commission for gender equality ‘Justice for Uyinene Mrwetyana’, https://cge.org.za/cge-calls-for-a-more-caring-society-one-inclusive-of-people-with-disabilities-2/
South African Police Service, ‘Police Minister congratulates the team of investigators who cracked the Uyinene Mrwetyana murder case’ (15 November 2019) gov.za/newsroom/msspeechdetail.php?nid=23286.
South African Government Communication and Information System, ‘Department to probe Post Office employee’ (3 September 2019),Government welcomes Uyinene Mrwetyana murderer sentence | South African Government.
[1] S Durham, “What is gender-based-violence(GBV)?, https://www.sacap.edu.za/blog/applied-psychology/what-is-gender-based-violence-gbv/ Accessed 1 August 2026
[2] Constitution of the republic of South Africa, 1996 “ chapter 2: bill of rights”
[3] Section 4 of Domestic Violence Act 116 of 1998.
[4] Domestic Violence Amendment Act 14 of 2021.
[5] Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007.
[6] National Council on Gender-Based Violence and Femicide Act 9 of 2024.
[7] Department of Justice and Constitutional Development, National Strategic Plan on Gender-Based Violence and Femicide (2020).
[8] Commission for gender equality ‘Justice for Uyinene Mrwetyana’, https://cge.org.za/cge-calls-for-a-more-caring-society-one-inclusive-of-people-with-disabilities-2/
[9] South African Police Service, ‘Police Minister congratulates the team of investigators who cracked the Uyinene Mrwetyana murder case’ (15 November 2019) saps.gov.za/newsroom/msspeechdetail.php?nid=23286.
[10] South African Government Communication and Information System, ‘Department to probe Post Office employee’ (3 September 2019),Government welcomes Uyinene Mrwetyana murderer sentence | South African Government.
