Gender-Based Violence (GBV): A Crisis We Can End

ABSTRACT

Gender-based violence (GBV) is a major crisis in South Africa, threatening dignity, equality, and safety despite progressive constitutional protections and laws. This article explores the causes and forms of GBV, rooted in patriarchy, poverty, substance abuse, harmful cultural practices, and the legacy of apartheid. It reviews key legislation, such as the Domestic Violence Act and the Protection from Harassment Act, as well as recent amendments aimed at expanding protection and strengthening enforcement. Landmark cases, including State v Baloyi and S v Shoba, highlight both the role of the courts and the challenges survivors face in accessing justice. Comparative insights with Botswana and the Democratic Republic of Congo (DRC) reveal common struggles with weak implementation, corruption, and societal attitudes that normalize violence. The study concludes that beyond legal reforms, lasting solutions require social change, awareness campaigns, economic empowerment, and coordinated community support to effectively protect survivors and prevent GBV.

INTRODUCTION 

Gender-based violence remains a critical issue in many countries, such as South Africa, which is a country facing problems with corruption and crimes, but the main issue is the rapid growth in the rate of violence against women and children each year. GBV pervades societal structures, undermining dignity, safety, and equality. In the landmark case State v Baloyi, the Constitutional Court declared domestic violence a constitutional matter, stressing the state’s duty to protect victims’ dignity, equality, and freedom. This article focuses on examining the Gender-Based Violence (GBV), legal frameworks, challenges, and strategies for addressing it in South Africa. 

The GENDER-BASED VIOLENCE (GBV)

One may ask what Gender-Based Violence (GBV) is. Gender-based violence (GBV) refers to harmful actions driven by gender inequality and power imbalances. While women and girls are most affected, men and boys can also be victims. It takes many forms, including physical, sexual, emotional, and economic abuse. In South Africa, GBV is more than an individual problem, it is a national crisis rooted in social inequality, poverty, and the lasting impact of apartheid. 

The forms of this pandemic, Gender-Based Violence (GBV), in South Africa, take many forms, from physical and sexual abuse to emotional, economic, and domestic violence, often leaving deep and lasting scars. Femicide remains one of the country’s gravest crises, with women frequently killed by intimate partners. Human trafficking further exploits vulnerable women and children, while harmful practices like Ukuthwala and female genital mutilation continue to violate basic rights. Together, these abuses reflect a national emergency that calls for urgent action and change.

To truly tackle gender-based violence (GBV) in South Africa, we need to look at the deeper issues that fuel it. At the core is patriarchy, where long-standing beliefs give men power over women and normalize violence to maintain control. Poverty, unemployment, and lack of education also play a major role, leaving many women financially dependent on their abusers and trapping them in unsafe relationships. Alcohol and substance abuse add fuel to the crisis, often lowering inhibitions and escalating aggression. Harmful cultural practices like Ukuthwala and forced marriages further entrench inequality, making violence seem acceptable under the guise of tradition. On top of this, the scars of apartheid, where violence and oppression were everyday realities, still shape society, normalizing violent responses even today. These interconnected factors show that GBV is not just about individual acts of harm, but about deep social wounds that require collective healing and change.

THE LEGAL FRAMEWORKS FOR COMBATING GENDER-BASED VIOLENCE 

The Legislation to combat GBV in South Africa includes the Constitution adopted in 1996 and amended in 2012. It guarantees several protections against GBV in South Africa, including Section 10, which emphasizes the right to human dignity, and Section 9, which outlines equality, and more. Other relevant protection laws include the Employment Equity Act 55 of 1998 (EEA), specifically Sections 2, 3, 5, 6, 50, and 60, which focus on protecting all forms of sexual harassment in the workplace. The Protection from Harassment Act (2011), and the Domestic Violence Act (DVA) 116 of 1998 provide women protection from domestic violence. The Equality and Prevention of Unfair Discrimination Act (PEPUDA) of 2000 focuses on people’s rights to equality.

 The Labour Relations Act, Schedule 8, includes a code of good practice on dismissals in the workplace. The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 states that “a marital or other relationship” is not a defence in a GBV case. The Criminal Law (Sexual Offences and Related Matters) Amendment Act No. 32 of 2007 expands the definition of sexual offences and establishes procedures for reporting and prosecuting these crimes. The Prevention and Combating of Trafficking in Persons Act No. 7 of 2013 It criminalises human trafficking and provides for victim protection. But somehow, despite these laws, the implementation is often hindered by a lack of resources, inadequate training of law enforcement, and a culture of impunity. And the majority of  survivors face secondary victimisation when reporting GBV, with police officers sometimes failing to take their complaints seriously or mishandling cases.  

The Judicial Interpretation of Gender-Based Violence 

In the South African relevant case of S v Shoba, a recent and important case of GBV, the brief facts of the tragic case of Tshegofatso Pule shook South Africa and highlighted the brutal realities of gender-based violence. In June 2020, Pule, who was eight months pregnant, was lured out by her partner, Ntuthuko Shoba, and later found murdered, shot, and hung from a tree. Evidence showed that Shoba had hired a hitman, Muzikayisa Malephane, to carry out the killing because he feared exposure of his infidelity. Malephane confessed and implicated Shoba, while cell phone records and other digital evidence supported the State’s case.

 The High Court found Shoba guilty of premeditated murder, stressing that the crime was carefully planned and aggravated by the fact that the victim was pregnant. He was sentenced to life imprisonment in 2022. This ruling has come to represent much more than just a conviction. It stands as a powerful symbol in the fight against gender-based violence. It delivered justice for Tshegofatso Pule and her unborn baby while also making it clear that the courts view such crimes with the utmost seriousness and will not treat them lightly. The ruling affirmed that violence against women, especially femicide, cannot be excused or mitigated by personal motives. However, the case also exposes broader systemic issues, such as delays in justice, reliance on testimony from co-perpetrators, and the wider social conditions that enable GBV. While the life sentence sends a strong message of deterrence, the case reminds us, that harsher punishments alone cannot end gender-based violence. Meaningful change also requires stronger preventive measures, better support for women at risk, and confronting the patriarchal norms that fuel such tragedies.

The Critical Analysis of the Issue of Gender-Based Violence 

The studies have shown that the South African issue of Gender-Based Violence, even though South Africa has a progressive Constitution and strong laws like the DVAA, gender-based violence remains widespread, largely because the system fails victims in practice. Many police officials still treat domestic violence as a “private matter,” and in rural areas, survivors struggle to access courts or police stations, face confusing legal processes, and endure long delays caused by staff shortages and poor coordination between departments.

 Law enforcement often lacks proper training, resources, and accountability, leaving abusers feeling untouchable. Furthermore, low awareness of the law among both victims and perpetrators weakens its deterrent power, while the coexistence of customary and religious practices sometimes undermines formal legal protections. Altogether, these gaps in enforcement make it difficult for survivors to find real justice and safety, despite the laws on paper.

South African law has undergone adjustments with the help of technology. The new Act utilizes technology by enabling secure online applications for protection orders and establishing a central electronic system. This update makes it easier for victims, especially those controlled or restricted by abusers, to apply for protection remotely.

The amendment prioritises victims’ safety and dignity by preventing abusers from entering their homes or workplaces without consent, offering immediate protection from harassment. It also introduces changes to the Magistrates’ Courts Act and the Supreme Courts Act to allow the use of intermediaries and audiovisual links, enabling victims to give evidence without having to confront their abusers. This is especially important in bail and parole hearings, where victims or their representatives can be actively involved in the process. 

The comparative analysis of Gender Based Violence in South Africa with foreign jurisdictions. The studies have compared South Africa and Botswana by examining their constitutions and the role of women in politics. They look at how each country addresses gender inequality, regulates gender relations in both private and public spheres, and responds to violence against women (VAW) in courts and society. On the legal side, it analyses constitutional gender provisions and their impact on laws and policies related to GBV. Politically, it examines the representation of women in parliament, focusing on how female legislators influence laws and protections related to gender. The study also explores why the two countries differ in levels of women’s political representation, considering factors such as party structures and electoral systems. 

The comparative analysis of Gender-based violence (GBV) is common in both South Africa and the DRC. Women face sexual abuse, domestic violence, emotional abuse, femicide, and harmful cultural practices. Both countries have signed international agreements and have constitutional protections; however, South Africa has stronger laws against GBV, whereas the DRC does not have specific laws. Access to justice is difficult in both countries because of high costs, few courts, corruption, lack of awareness of rights, and condone GBV. Some court cases in South Africa, such as  Carmichele v Minister for Safety and Security, demonstrate the state’s responsibility to protect women, but both nations still struggle with effective enforcement, under-resourced judicial systems, and societal attitudes that condone GBV. 

The Recent Developments on Gender-Based Violence  

The South African government has introduced new amendments and bills to address the pandemic of GBV.  The South African President enacted three Gender-Based Violence Bills, which are the Criminal Law (Sexual Offences and Related Matters) Amendment Act 13 of 2021; the Criminal and Related Matters Amendment Act 12 of 2021; and the Domestic Violence Amendment Act 14 of 2021. These were enacted with the aim to play a vital and effective role on dealing with this pandemic. 

The Criminal Law (Sexual Offences and Related Matters) Amendment Bill strengthens Chapter 6 of the Act by broadening the National Register for Sex Offenders (NRSO). It now covers all sex offenders, not only those who target children or people with mental disabilities. The protection scope is widened to include other vulnerable groups such as young women, people with physical, mental, or intellectual disabilities, and persons over 60 who rely on community care. It also extends the time offenders’ details must remain on the Register. The main goal is to enhance the prevention of sexual crimes, especially paedophilia, while also expanding the definition of incest and introducing a new offence of sexual intimidation. 

The international community recognises that gender-based violence (GBV) severely harms women and has committed to eliminating all forms of violence against women (VAW). The 1979 CEDAW defines discrimination against women as any practice that limits their rights and requires states to ensure equality through legal and institutional measures. 

Subsequent UN guidance, including General Recommendations No. 19 (1992) and 35 (2017), framed VAW as a human rights issue rooted in gender inequality, urging states to challenge harmful social norms, repeal laws that enable violence, and promote women’s autonomy. The 1993 UN Declaration on the Elimination of Violence against Women and the 1995 Beijing Declaration reinforced this, highlighting that VAW arises from unequal power relations and calling for global action against domestic violence, sexual abuse, trafficking, and harmful traditional practices.

The Criminal and Related Matters Amendment Bill introduces important reforms to strengthen protections for vulnerable groups in the justice system. It amends several laws to allow complainants and witnesses especially those with disabilities or involved in domestic or GBV related cases to give evidence through intermediaries or audio-visual links, even outside criminal proceedings, making it easier and less traumatic for victims and witnesses especially those with disabilities to give evidence. The Bill also gives victims of domestic-related offences a voice in parole processes, regulates bail more strictly, and enforces tougher sentencing for crimes against vulnerable persons. Overall, the Bill introduces procedures aimed at reducing secondary victimisation in courts, expand support mechanisms for complainants, and reinforce the fight against Gender-Based Violence.

The Domestic Violence Amendment Bill updates the Domestic Violence Act of 1998 to close loopholes and address challenges identified since its implementation in 1999. It broadens the scope of domestic violence by adding new definitions such as “controlling behaviour” and “coercive behaviour” and expanding existing ones to include forms of abuse like spiritual and elder abuse, as well as the exposure of children to violence. The Bill also enables victims to apply for protection orders online and places new responsibilities on the Departments of Health and Social Development to support victims. Overall, these reforms aim to strengthen how government, law enforcement, and the courts respond to domestic violence, particularly in protecting women and vulnerable groups.

The activists have also reacted on different platforms raising awareness of how GBV is a serious issue in our country, South Africa, the public concerns on the safety of especially women children and speaking out for the victims of GBV, to get justice that they need and be protected by the law. The studies have also dealt with the victim-blaming in cases of gender-based violence (GBV) happens when women are made to feel responsible for the violence they experience, instead of focusing on the actions of the perpetrators. 

Society and the media often repeat harmful myths that suggest women should protect themselves better, which can lead to feelings of guilt and self-blame. Even the words we use matter calling someone a “victim” can make them seem weak and defined by trauma, while “survivor” highlights strength and the ability to move forward. Still, studies show that women are often blamed no matter which word is used. A clear example is a South African government tweet that told women not to “allow themselves to become victims,” which activists rewrote to put the responsibility on men not to create victims. This shift in language makes it clear that men, not women, are accountable for stopping violence. 

Conclusion and Recommendation 

This article’s aim was to show that the Gender-Based Violence (GBV), is a pandemic throughout many countries, not only in South Africa, and that regardless of the legal frameworks that were enacted by the South African government it still remains an issue that is ongoing from bad to worse, it not resolvable, but the law tries by all means to make adjustments and protect the victims and ensures that the survivors of GBV get help as much as they can, while making sure that the perpetrators are held accountable of their actions and get punishment that they deserve.

The way forward of the GBV in South Africa as the Bills were amended, the public is also Playing their part in being activists fighting for the women and children, the victims’ right Outlined in the South African Constitution. The recommendation of this article based on this Government and community institutions should raise awareness about mental health, GBV, and substance abuse, provide accessible support services, and ensure victims have safe spaces to report crimes.

 Law enforcement and the justice system must be trained in trauma-informed approaches, held accountable, and supported with legal and healthcare resources for survivors. Economic empowerment through skills development and microfinance can reduce women’s dependence on perpetrators. Civil society, youth programs, and traditional leaders should work together to challenge harmful norms, promote healthy relationships, and support survivors.

BIBLIOGRAPHY 

CASE 

S v Baloyi and Others (CCT29/99) [1999] ZACC 19; 2000 (1) BCLR 86; 2000 (2) SA 425 (CC) (3 December 1999). https://www.saflii.org/za/cases/ZACC/1999/19.html.

S v Shoba (SS36/21) [2022] ZAGPJHC 877 (29 July 2022). https://lawlibrary.org.za/akn/za-gp/judgment/zagpjhc/2022/877/eng@2022-07-29.

JOURNAL   ARTICLES

Kyunghee Kang and Taekyoon Kim, “Institutionalising Gender-based Violence within African Democracies: A Comparative Analysis of South Africa and Botswana”. 2024, Vol. 49, No. 1 (2024), pp. 97-124. https://www.jstor.org/stable/48785840.  

INTERNET SOURCES

Dellia Mwale-Yerokun, “The Status of Gender Based Violence in Selected Southern Africa Countries Malawi, Lesotho, Zambia, South Africa, and Mozambique”. September 2023. (accessed on 10 September 2025)

Ramaccio Calvino, Lizelle & Matadi, Tholaine. (2021). EVALUATING THE LEGISLATIVE FRAMEWORK IN CURTAILING THE GBV EPEDEMIC: A COMPARATIVE ANALYSIS OF SOUTH AFRICA AND THE DRC.

https://www.researchgate.net/publication/354414042_EVALUATING_THE_LEGISLATIVE_FRAMEWORK_IN_CURTAILING_THE_GBV_EPEDEMIC_A_COMPARATIVE_ANALYSIS_OF_SOUTH_AFRICA_AND_THE_DRC (accessed on 11 September 2025).

Oparinde, K., & Matsha, R. M. (2021). Powerful Discourse: Gender-Based Violence and Counter-Discourses in South Africa. Cogent Arts & Humanities, 8(1). https://doi.org/10.1080/23311983.2021.1911035 (accessed 10 September 2025).

The Gender Based Violence Bills and Their Objectives to Curb Gender Based Violence in South Africa 14 Feb 2022.https://chmlegal.co.za/the-gender-based-violence-bills-and-their-objectives-to-curb-gender-based-violence-in-south-africa/ (accessed 10 September 2025).

The Legislative Evolution of Gender-Based Violence Protection in South Africa. 3 June 2024.ttps://www.polity.org.za/article/the-legislative-evolution-of-gender-based-violence-protection-in-south-africa-2024-06-03(accessed 11 September 2025).

Calvino, Lizelle & Matadi, Tholaine. (2023). Enforcement of Gender-Based Violence Legislation in South Africa: The Need for a Paradigm Shift. 10.5772/intechopen.1002790. 

Government welcomes Ntuthuko Shoba’s sentencing for murdering his girlfriend, 29 July 2022 https://www.gov.za/news/media-statements/government-welcomes-ntuthuko-shoba%E2%80%99s-sentencing-murdering-his-girlfriend-29?utm_source ( accessed on 12 September 2025).

Shineen Srillall, “Gender-Based Violence In South Africa: Understanding the crisis”. 29 August 2024.

LEGISLATION 

The South African Constitution 1996.

Employment Equity Act 55 of 1998.

Protection from Harassment Act 2011.

Domestic Violence Act 116 of 1998. 

Equality and Prevention of Unfair Discrimination Act of 2000.

The Prevention and Combating of Trafficking in Persons Act No. 7 of 2013.