Authored By: Hunadi Sonia-Rose Legoabe
Regenesys Business School
According to Eyewitness News, the recorded Gender based violence statistics in South Africa as of 2025 were 42,569 rapes and 7,418 cases of sexual assault reported[1]. An additional 9 782 rapes were recorded as of March 2026[2]. Women and Children are vulnerable in South Africa, and as the rape capital of the world, the concern is the rapid increase in sexual assault, harassment, and killings[3].
Given that the statistics are increasing, the year 2025 was when citizens collectively participated in the “purple movement”[i] and flooded social media with purple banners and peaceful protests, not only to show solidarity but also to raise pleas to the government for urgent intervention, and announced GBV and femicide as a national disaster[4]. Although GBV has been prevalent throughout the years, there is a notable surge of violence directed towards women and children. The lack of urgency for the Government to address this issue effectively fuels the anger and frustration of the citizens, and even after the Femicide and GBV were declared a national disaster, the measures the government took in attempts to resolve the issue are not enough to reduce the number of reported cases[5].
This article questions whether the measures that the South African Government has taken to combat this issue are sufficient or do not constitute efficient progress. It explores the inconsistencies of the judicial system and the visible gap that results in public outcry. This article addresses the reality of Gender based Violence and the inconsistencies within the country in terms of legal consequences as well as accountability.
Part II shows the relevant legal frameworks governing Gender based violence in all aspects. Part III outlines the notable shift in the statistics of GBVF. Part IV explores the attempts to reduce GBV and femicide that the government has put in place. Part V identifies the challenges with the legal framework. Part VI proposes suggestions.
II. Relevant Legal Framework
In South Africa, the government has an obligation to respect, protect, promote, and fulfil the rights in the Bill of Rights within our Constitution, which values human dignity, equality, and freedom. According to Chapter 2, Section 9 (1-2) of the Constitution states that there is no one above the law, that everyone is equal before the law, and that the law protects the rights and freedoms of individuals embedded within our Constitution[6]. South Africa has also given effect to its obligations in terms of international law. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted in 1979 by the United Nations General Assembly, which is “often described as the international bill of rights for women.”[7].
Sections 10 and 11 of the Constitution state that everyone must be treated with dignity and respect, regardless of what they are alleged to have done[8]. If a person is alleged to have committed a crime, no matter how foul the alleged offense is, they have rights that cannot be squandered. The Republic of South Africa’s primary legislation governing criminal procedure is the Criminal Procedure Act 51 of 1977, which elaborates on what the law recognizes as a criminal and the steps that must be followed to process them, as well as the court’s procedures[9].
The Domestic Violence Act of 1998 defines domestic violence as any intended action towards a spouse or family member that would harm or injure them or even lead them to believe that there is intended violence that could potentially happen[10]. The Domestic Violence Amendment Act, 2021, adds further context and explanations as to the new terms that are associated with what is known as domestic violence, and includes amendments to relevant laws on how Domestic Violence acts may be dealt with, whilst providing regulations for protection orders[11].
III. Notable shift within the GBV statistics
During the COVID-19 pandemic, the country announced a lockdown to prevent the spread of the virus, which meant limited movement and staying home. In that time, South Africa reported a rapid increase in domestic violence cases in comparison to the previous decade, an increase in gender-based violence, and the killings of women and children alarmed the people of the country, which caused a widespread reaction, and the people decided to protest regardless of the restriction of movement, and used social media to spread awareness[12]. Multiple movements and protests happened from 2020 to 2026 to spread awareness and put pressure on the government to recognise that GBV is an issue in the country and the cause of femicide and should be taken seriously. The government only declared GBVF as a national disaster in 2025, although there were measures implemented by the government to decrease the rate of human trafficking, rape, sexual assault, and murder of women and children, which only proved to be ineffective efforts[13].
IV. Government measures taken in attempts to decrease GBVF in South Africa
According to the Disaster Management Act, 2002, Sections 23 and 26 of the Act state that “the National Executive now carries primary responsibility for coordinating and managing this national disaster, using existing legislation and the contingency arrangements already established across government.”[14]. Meaning that all organs of state must strengthen their support to existing GBVF response structures and fully implement their contingency arrangements and ensure that all necessary mechanisms are activated to enable the National Executive to manage the disaster effectively. The National Strategic Plan on Gender-based Violence and Femicide (GBVF-NSP) was adopted in 2020 and aims to provide a multi-sectoral, coherent strategic policy and programming framework to strengthen a coordinated national response to the crisis of gender-based violence and femicide by the government of South Africa and the country[15].
The implemented interventions include “Extensive legal reform; Support for survivors through the provision of evidence kits at police stations; Psychological and social services; The establishment of a GBVF Response Fund; Support for Thuthuzela and Khuseleka Care Centres, which provide vital services for GBV survivors; and The National Council on Gender-Based Violence and Femicide Bill was signed into law in 2024. This landmark legislation is a critical step forward in ensuring the safety and protection of women and children from abuse and violence. It facilitates the establishment of the council, a statutory body charged with providing strategic leadership in the fight against GBVF in South Africa.”[16]
V. Main challenge within the legal framework
The criminal justice system in South Africa has proven that wealth can grant you your preferred legal outcome, and the poor do not always get the justice they deserve. Therefore, people tend not to trust the justice system, and not bother themselves with reporting their cases, especially in cases concerning Domestic Violence, because “fear of not being believed, has a desire to avoid the stigma associated with rape, has access issues with distant police stations, and has a lack of information or knowledge of how the criminal justice system functions.”[17]. This proves to be an issue because it makes it difficult to estimate the amount of effort the state needs to provide to decrease the statistics. Although the Legal Framework is present, the problem becomes apparent when the relevant judicial authorities do not exercise the written processes and procedures fully or at all, which is the reason for the low conviction rate in South Africa, because the investigations are not done appropriately, as well as the collection of evidence[18].
VI. Recommendations to improve the legal framework
The issue in South Africa is not the laws and legislature that govern the judicial system; it is the application of these principles that often gets misinterpreted. I would propose that there be a regulatory body that monitors and combats corruption in our judicial systems, for example, the Hawks and SAPS. The Madlanga Commission exposed corruption within our judicial system. The corruption occurred for decades without the knowledge of the public; however, the root cause of this is still unknown. South Africa needs to establish a regulatory body that frequently monitors and ensures that the procedures that are written within the law are followed accurately. How this would go about is that the regulatory body would introduce dash cameras in all state-owned police cars and body cameras for the police officers to ensure that state assets are not being misused. The regulatory body would also introduce an encrypted case management system that regulates the process of incoming matters daily at every police station in the country. The system would require the badge information of the police officer in charge to hold police officers accountable for missing files and evidence, and also provide citizens with clarity and transparency as to the progress of their case, therefore building trust between the judicial system and the public. The regulatory body would be analysing information daily and flagging suspicious activity immediately so that it can be investigated then, without the possibility of the activity being erased or buried only to be discovered years later. The judicial system must introduce rigorous training for its officers that teaches them about GBVF, not only in a theoretical sense but also in a practical way. Our laws could implement harsher charges for rape, human trafficking, sexual assault, and murder. In the United States of America, the way they deal with rape, sexual assault, and related charges is by chemical castration and publicizing the National Sex Offender Registry so that people are aware of the registered sex offenders in their area. South Africa needs to implement the tools and mechanisms that the Western world uses to combat the rising issues within the country.
Conclusion
South Africa is well equipped with legislature and laws; however, it needs amending and a new regulatory body that monitors and governs the judicial authorities in the country. To prevent misuse of state funds for initiatives that are meant to provide support to the vulnerable and aid victims of crime. Corruption is the main reason for the decline of the economy, and the fact of the matter is that the money that taxpayers contribute is not going to actual initiatives or organisations that assist the vulnerable. This article discusses the main reason for the instability of the economy, as well as the result of the inaction of the state in addressing issues like GBVF, which only increases the statistics.
Legislation
The Constitution of the Republic of South Africa, 1996.
The Domestic Violence Act, No 116 of 1998.
The Domestic Violence Amendment Act, No 14 of 2021.
The Criminal Procedure Act 51 of 1977.
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1979.
The National Disaster Management Act, No 57 of 2002
Book
NATIONAL STRATEGIC PLAN ON GENDER-BASED VIOLENCE & FEMICIDE, page 35-40
[1] “Gender-based violence and femicide need to be treated as a true national crisis.” Amnesty International South Africa, December 8, 2025, https://amnesty.org.za/gender-based-violence-and-femicide-needs-to-be-treated-as-a-true-national-crisis/
[2] Martlé Keyter, “MISA comment – Protect women and children in their homes.” Auto Forum magazine, May 2026, https://www.autoforum.co.za/View-News-Article.aspx?News=misa-comment-protect-women-and-children-in-their-homes-26-33-28
[3] Indiran Govender, “Gender-based violence – An increasing epidemic in South Africa” S Afr Fam Pract. 2023;65(1), a5729. doi: 10.4102/safp.v65i1.5729
[4] “South Africa’s G20 Women’s Shutdown – a turning point for ending gender-based violence and femicide?” UN Women, November 2025, https://www.unwomen.org/en/news-stories/news/2025/11/south-africas-g20-womens-shutdown-a-turning-point-for-ending-gender-based-violence-and-femicide
[5] Malatswa Molepo, “Media Statement: More Action Plans Yet There Is No Action to Combat Gender Based Violence Cases.” Parliament of the Republic of South Africa, June 2025, https://www.parliament.gov.za/press-releases/media-statement-more-action-plans-yet-there-no-action-combat-gender-based-violence-cases
[6] 9. “Equality.”
(1) Everyone is equal before the law and has the right to equal protection and benefit of the law.
(2) Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.
[7] “Convention on the Elimination of All Forms of Discrimination against Women, New York,” United Nations General Assembly Resolutions, 18 December 1979, https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-all-forms-discrimination-against-women
[8] 10. “Human dignity” Everyone has inherent dignity and the right to have their dignity respected and protected.“Life” Everyone has the right to life
[9] “Criminal Procedure Act 51 of 1977.” South African Government Gazette, July 1977, https://www.justice.gov.za/legislation/acts/1977-051.pdf
[10] Domestic Violence Act 1998, s 1 (1)
[11] “Domestic Violence Amendment Act, 2021” South African Government Gazette, January 2022, https://www.justice.gov.za/legislation/acts/2021-014.pdf
[12] Tanya Farber “Shocking stats on gender-based violence during lockdown revealed.” Times Live, September 2020, https://www.timeslive.co.za/news/south-africa/2020-09-01-shocking-stats-on-gender-based-violence-during-lockdown-revealed/
[13] “Minister Velenkosini Hlabisa welcomes decision to classify Gender-Based Violence and Femicide (GBVF) as a national disaster.” South African Government, November 2025, https://www.gov.za/news/media-statements/minister-velenkosini-hlabisa-welcomes-decision-classify-gender-based-violence
[14] “Disaster Management Act, 2002” South African Government Gazette No. (24252) Vol. 451, January 2003, https://www.cogta.gov.za/cgta_2016/wp-content/uploads/2016/06/DISASTER-MANAGEMENT-ACT.pdf
[15] “NATIONAL STRATEGIC PLAN ON GENDER-BASED VIOLENCE & FEMICIDE.” Republic of South Africa Government Website, 2020, https://gbvf.org.za/files/2024/05/National-Strategic-Plan-on-Gender-Based-Violence-and-Femicide-NSP-2020_2030_01-01-2020.pdf
[16] MM Watney “Addressing Rape and Femicide: The South African Gender-based Violence Legal Framework.” The Proceedings of the 8th International Conference on Gender Research, ICGR 2025, file:///C:/Users/hlego/Downloads/Watney-IGR-022.pdf
[17] M Oosthuizen, L Martin, and D de Villiers “Towards a Gender-Based Violence Index for South Africa: An overview and proposed way forward” Development Policy Research Unit
University of Cape Town, March 2024, https://www.parliament.gov.za/storage/app/media/OISD/Reports/Commission_for_Gender_Equality/2024/01-08-2024/GBV_Index_Report.pdf
[18] “SAMRC reveals SA’s ‘devastating’ femicide crisis, call for action” Cape Times (2025), https://capetimes.co.za/news/2024-10-11-samrc-reveals-sas-devastating-femicide-crisis-call-for-action/
[i] “Purple Movement” is a Gender Based Violence and Femicide initiative that was created by Women for Change to spread awareness and gather support in South Africa.
