Authored By: Tsakane Ayanda Madiseng
University of the Witwatersrand
INTRODUCTION AND CONTEXT
In November 2025; gender-based violence (GBV) and femicide were formally declared a national disaster by the South African President at the 2025 G20 summit held in Johannesburg. This occurred against the background of the increasing prevalence of and the widespread impact of GBV primarily targeting women, children and members of the LGBT community with a total 0f 19 562 rape cases reported between 2021/2022.
Along with the idea that most rape cases go unreported for reasons including shame and discrimination, these statistics signified that ‘South Africa’s reported cases remain the highest globally, with more than 134 cases per 100 000 reported to the police.’
Femicide increased by a startling 33.8% from the previous year, with 5,578 women killed between April 2023 and March 2024 which prompted Women For Change to launch a petition that called for the declaration of GBV as a national disaster which ultimately surpassed 1 million signatures and led to the G20 Women’s shutdown and a nationwide purple movement.
Despite the government launching a 90-day blitz that vowed to combat the scourge of GBV earlier this year, harm to women and children continues to occur at alarming rates. This article aims to analyze the legal, constitutional, and practical implications of declaring GBV a national disaster.
LEGAL FRAMEWORK FOR DECLARING A NATIONAL DISASTER
The constitutional basis for declaring a national disaster lies in s 7(2) of the Constitution, which states that ‘the state must respect, protect, promote and fulfil the rights in the Bill of Rights.’ GBV infringes certain rights in the Constitution including the right to dignity, life, equality, and freedom and security of the person. S 7 therefore poses a positive duty on the government to protect its citizens from GBV to safeguard the rights it infringes.
National disasters are governed by the Disaster Management Act which defines a disaster as an event, whether natural or man-made, that causes disease, damage to infrastructure, property, or the environment, or disruption of communal life. Moreover, s 23(6) of the DMA states that a disaster is national if it affects ‘more than one province; or a single province which is unable to deal with it effectively.’
Once a national state of disaster is declared, the national executive oversees organizing and overseeing national disaster using current laws and backup plans, which may be augmented by s 27 regulations or directives.
‘Section 37 of the constitution further allows a state of emergency to be declared only when “the life of the nation is threatened by war, invasion, insurrection, disorder, natural disaster or other public emergency” and when the declaration is necessary to restore peace and order.’
LEGAL IMPLICATIONS OF THE DECLARATION
When GBV is officially designated as a disaster, it allows for the release of emergency funds, facilitating the swift allocation of resources leading to the prioritization of shelters, policing and victim support services. This recognition of GBV as a systemic human rights crisis will in turn lead to enhanced protection and access to justice for the victims.
In addition, this declaration necessitates action throughout all governmental areas which is implemented through coordination between departments and accountability mechanisms that exceed standard policy provisions. Governmental response must be immediate, cooperative and with demonstrable results through fast-tracking policy and legislative interventions.
In essence, the declaration of GBV as a national disaster leads to a faster response that focuses on the implementation and improvement of existing services and legislation.
IMPLICATIONS FOR THE CRIMINAL JUSTICE SYSTEM
SAP’s noncompliance with its responsibilities under the Domestic Violence Act 1998 such as supporting survivors, executing protection orders and properly maintaining records will amount to carelessness that gives rise to constitutional implications. Additionally, the State may be held accountable for neglecting to shield people from known perpetrators particularly in the police force, according to Carmichele v Minister of Safety and Security.
Cases involving gender-based violence must be given priority by the courts. Even in times of disaster, s 165 of the Constitution protects judicial independence however, it does not prohibit the use of administrative measures to improve access to justice and reduce delays that could have serious repercussions, so long as they do not compromise judicial independence.
SOCIO-ECONOMIC AND POLICY IMPLICATIONS
By labelling GBV as a national disaster, the government acknowledges the economic disparities linked to GBV that foster systemic bias and obstruct economic empowerment through the weights of uncompensated caregiving and ongoing gender pay gaps which represent considerable barriers.
Tackling gender-based violence will alleviate financial burdens, as it incurs expenses for both the state and survivors, since individuals impacted frequently require healthcare support and may lose employment due to trauma and injuries. It will also mitigate the adverse impacts of GBV has on the economy by reducing the expenses related to healthcare, legal aid, welfare and social services, which require governments to allocate significant public funds.
This declaration of GBV as a disaster leads to greater public awareness which results in outrage at the incompetence of the government. This in turn creates a basis for greater accountability and transparency. This affirms the works of activists and survivors who have employed protests and petitions to exert pressure on the government, thereby illustrating the efficacy of collective action in facilitating policy reform.
CRITICISMS AND DEBATES
ARGUMENTS AGAINST THE CLASSIFICATION OF GBV AS A NATIONAL DISASTER
The declaration of GBV as a national disaster has not been without debate and criticism. Before the official declaration, the National Disaster Management Centre (NDMC) opposed its recognition as a national disaster as ‘the crisis does not fall within the legal definition of a disaster as outlined in the Disaster Management Act (DMA)’.
While recognizing GBV as a grave and dehumanizing violation, the NDMC argued that the DMA was never meant to resolve entrenched social problems, which should instead be addressed sustainably by strengthening existing mechanisms.
Legislation enacted to deal with GBV such as Domestic Violence Amendment Act 1998, Sexual Offences Act 1953 and Protection from Harassment Act 2011 already exist as part of a broader effort to address the prevalence of GBV in South Africa. GVB in South Africa can be effectively addressed through existing legislation and effective implementation rather than through the triggering of a completely unrelated Act as per the sentiments of the NDMC.
ARGUMENTS FOR THE CLASSIFICATION OF GBV AS A NATIONAL DISASTER: COMPARATIVE ANALYSIS
In March 2020, the coronavirus pandemic (Covid-19) was declared a national disaster. This part of the article will illustrate the similarities between the coronavirus pandemic and GBV as natural disasters. GBV and Covid-19 infringe the same type of rights particularly the rights to life, dignity and freedom of person and security.
Moreover, both Covid-19 and GBV affected those in the lower economic brackets leading to increased rates of unemployment and poverty in South Africa which further exacerbated the harm perpetrated on women and children. The harm from both Covid-19 and GBV are/were nationwide with provinces reporting high rates of GBV and femicides which are increasing every year.
Covid 19 and GBV significantly disrupt peace and communal life through festering of fear of death as their death tolls amounted to ’38.4 deaths per 1000 people’ for Covid-19 between 2020 and 2021 while for GBV everyday ‘at least 15 women are murdered, and 117 women report rape cases to the police.’
As GBV is comparable to Covid-19 in more ways than one, its prevalence demands the same urgent action that curbed the devastating effects of Covid-19 which can only be accessible through its declaration as a national disaster.
CONCLUSION
GBV is a systemic and invasive ‘interplay of colonialism, apartheid, patriarchy, and entrenched cultural norms [which] necessitates multi-sectoral and culturally sensitive interventions that address the deeply rooted causes and manifestations of gender-based violence in the country.’
The declaration of GBV as a national disaster demands action from every sphere of the government leading to a victim-centered approach which can be achieved through strong oversight and long-term legislative and social reform. To end the cycle of violence and guarantee safety and equality for all, addressing GBV in South Africa necessitates extensive societal and institutional reforms that confront detrimental cultural norms, increase women’s economic possibilities, bolster law enforcement, and improve survivor assistance.
BIBLIOGRAPHY
CASE
Carmichele v Minister of Safety and Security [2001] ZACC 22, [2001] 10 BCLR 995.
COMMISSION REPORT
Commission for Gender Equality, CALL TO ACTION: UNITED TO END GBVF COMMISSION FOR GENDER EQUALITY BIANNUAL SAPS REPORT (2021) 11.
LEGISLATION
Constitution Act 1996 7, 7(2), 9, 10, 11, 12.
Disaster Management Act 2002 23(6)(a), 23(6)(b), 26, 27.
JOURNAL ARTICLE
Mandlenkosi Richar Mphatheni, ‘The Impact of Gender-based Violence on the South Africa: Literature Review’ (2024) 5 E-Journal of Humanities, Arts and Social Sciences (EHASS) <https://doi.org/10.38159/ehass.20245168> accessed 30 December 2025 11.
WEBSITE
Alet Smit, ‘NATIONAL STATE OF DISASTER VS STATE OF EMERGENCY’ (LOUWE AND COETZEE ATTORNEYS, 04 April 2020) <https://louwcoet.co.za/national-state-of-disaster-vs-state-of-emergency/#:~:text=%E2%80%9C%20Natural%20or%20human-caused%20occurrence%20that%20causes%20disease%2C,responsible%E2%80%9D%20for%20co-ordinating%20measures%20for%20recovery%20from%20disaster> accessed 29 December 2025.
Karen Specter, ‘Declare GBV a national disaster, not just a crisis, demands 1000 Women Trust’ (1000 Women Trust, 22 November 2025) <https://www.1000women.co.za/declare-gbv-a-national-disaster-not-just-a-crisis-demands-1000-women-trust> accessed 29 December 2025.
Ismail Joosub, ‘GBV DECLARED A NATIONAL DISASTER: WHAT HAPPENS NOW? (FW de KLERK FOUNDATION, 04 December 2025) <https://fwdelkerk.org/gbv-declared-a-national-disaster-what-happens-now/> accessed 29 December 2025.
‘South Africa’s War Against Women and Children Petition: Declare GBV a National Disaster’ (Women For Change) <https://womenforchange.co.za/petition-gbvf-national-disaster/> accessed 29 December 2025.
Yasmine Jacobs, ‘SA’s GBV epidemic in statistics reveal unprecedented crisis and catastrophic costs’ (The Star, 30 November 2025) <https://thestar.co.za/news/south-africa/2025-11-13-sas-gbv-epidemic-in-numbers-statistics-reveal-unprecedented-crisis-and-catastrophic-costs/> accessed 29 December 2025.
Leiketseng Mahlokoana-Motopi, ‘Understanding the socio-economic impact of gender-based violence on women in South Africa’ (The Mercury, 3 December 2025) <https://themercury.co.za/news/opinion/2025-12-02-understanding-the-socio-economic-impact-of-gender-based-violence-on-women-in-south-africa/> accessed 30 December 2025.
Modiegi Mashamaite, ‘’It doesn’t meet the legal definition’: government rejects bid to classify GBV as a national disaster’ (The Herald, 12 December 2025) <https://www.theherald.co.za/politics/2025-11-12-it-doesnt-meet-the-legal-definition-government-rejects-bid-to-classify-gbv-as-a-national-disaster/> accessed 30 December 2025.
Yasmine Jacobs,‘Covid-19 in numbers: Lancet study reveals how many South Africans died during Covid-19’ (IOL, 31 December 2025) <https://iol.co.za/news/world/2024-03-13-covid-19-in-numbers-lancet-study-reveals-how-many-south-africans-died-during-covid-19/> accessed 31 December 2025.
