Authored By: Lerato Ndlovu
University of South Africa
In November 2025, thousands of protesters led by the Women for change organization gathered at the Union Buildings in Pretoria all dressed in black and purple to protest in silence and honor the memories of all women and children that are murdered daily in South Africa. The silent protest aimed to declare gender-based violence and femicide as a national disaster. One out of ten women and children are subjected to violence in South Africa on a daily basis. Gender-based violence is a profound violation of human rights that is shaped by unequal power dynamics and social norms.
Femicide and gender-based violence incidents continue to escalate at an alarming rate in South Africa, with more than 10 000 rape cases being reported in one quarter and many not being reported. The question still remains are our South African laws effective in addressing gender based violence? South Africa’s legal framework against GBV is extensive but its implementation is undermined by systemic inefficiencies and profound social barriers.
Defining Gender-based violence under South African law
Gender-based violence refers to any act of violence that is directed at a person or group based on their actual or perceived sex, gender or sexual orientation. It includes any form of physical, emotional and sexual abuse, most often affecting women and children. Gender based violence is considered one of the most serious legal and social issue in the country despite the efforts to address it through multiple laws and national strategies.
Gender-based violence constitutes a grave infringement of human rights that has substantial impact that extend beyond the socioeconomic stability and developmental progress of survivors, their families and communities and society. Beyond its immediate harm to survivors, GBV destabilizes households, weakens community structures, and undermines broader social progress.
Supporting laws that address GBV
There are several acts that deal specifically with gender-based violence, these include;
- Domestic Violence Act, 1998 (Act 116 of 1998)- Aims to protect victims in domestic relationships from physical, emotional, sexual and verbal abuse. The act allows victims to apply for protection orders against the perpetrator.
- Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007)- Criminalizes sexual offences which include rape, sexual assault and sexual intimidation. The act provides protection to victims and creates the National Register for sex offenders.
- Children’s Act, 2005 (Act 38 of 2005)- The act aims to protect children from abuse, neglect and exploitation.
- Protection from Harassment Act (2011)- Safeguards against perpetrators stalking and harassing victims. The act allows victims to apply for protection orders against the perpetrator.
- Employment Equity Act, 1998 (Act 55 of 1998)- The act aims to protect employees from being sexual harassed and discriminated in the workplace.
In South Africa, the law treats Gender-based violence as a serious criminal offence and a violation of fundamental human rights. Despite the efforts to combat the gender-based violence, it still remains to be a major crisis. South Africa still remains to have the highest rates of gender-based violence, with femicide ranking nearly five times the global average. More than 1 in 3 women experience physical or sexual violence in their daily life. The high levels of gender-based violence continue to persist due to cultural attitudes that normalize male dominance, inequality and poverty. A central issue is whether the current legal and policy framework on gender-based violence in South Africa adequately reflects a victim‑centered approach.
Despite a robust legal framework, South Africa’s response to GBV remains inadequate. Legislative delays and enforcement failures have allowed violence to persist, exposing the justice system’s inability to meet the demands of this national emergency.
Why laws have not been effective in combating gender-based violence
- The institutional inefficiencies in the justice system- Most gender-based violence cases in South Africa are often plagued with systematic delays in prosecution, some cases are entirely not even investigated. Limited resources and poorly trained officials—render GBV laws ineffective, stripping victims of the protection they are entitled to under the law.
- Weak implementation and enforcement- Most victims face secondary victimization when reporting cases, discouraging them from seeking justice from our law enforcement. Police officials often fail to act on reports of abuse and protection orders.
- Power imbalances and abuse of authority- Gender-based violence is often rooted in power dynamics. In some cases, people in positions of authority may dismiss or minimize complaints, which discourages victims from speaking up or pursuing justice.
- Social normalization of violence- In some communities, certain forms of violence have unfortunately become normalized, especially because of long-standing gender stereotypes and beliefs about male dominance and control. Some cases are never reported because victims fear retaliation and social stigma if they speak out. The deliberate acts of violence targeting LGBTQI+ communities, particularly is normalized when linked to prevailing notions of masculinity.
- Psychological and social factors- Another issue is that many communities are dealing with high levels of trauma and stress, which can reduce people’s ability to recognize or empathize with the seriousness of gender-based violence, causing it to be treated as something ordinary instead of a serious violation of rights.
- Inaccessibility to police stations and courts- The absence of accessible police stations and courts in many rural communities creates a structural barrier to justice, as victims of gender-based violence are often unable to report offences promptly or participate effectively in legal proceedings. This spatial inaccessibility not only undermines the enforcement of rights but also perpetuates systemic inequality by disproportionately disadvantaging the vulnerable in the rural areas.
Cases on Record, justice on hold
Gender-based violence manifests in a myriad of forms, but lately child assault cases are being recorded at an alarming rate. According to an article by Sonke Gender Justice, a young girl from the Eastern Cape was allegedly raped in the school premises and two other separate sexual assault cases were reported but no arrests were made in these cases. The systematic delays in prosecution in these report cases illustrate the shortcomings of the justice system ineffectiveness.
In July 2022 Krugersdorp, 8 women were gang raped and robbed by 14 illegal miners while shooting a music video. This particular case sparked public outcry on gender-based violence. However, the 14 illegal miners were acquitted of the charges by the Krugersdorp Magistrate Court due to insufficient evidence following three months of investigations by the National Prosecuting Authority. It is crucial to acknowledge that delayed justice is, in truth, denied justice for victims.
Research findings
A research study on sexual homicide by Abrahams N, (sexual homicides in South Africa 2017) concluded that in 2009, an estimated 2,670 adult women were killed in South Africa. Of these, 494 cases were classified as sexual homicides which was 19.8% of all adult female homicides. Among children, 1,277 deaths were recorded, with 104 identified as sexual homicides—representing 8.7% of child murders. 92% of all the child sexual homicides were among girls and only 1% boy child death was identified as a sexual homicide. Strangulation emerged as the most common cause of death for both adult women and children and perpetrators were identified as strangers. Despite these alarming trends, conviction rates showed no significant difference between sexual and non sexual homicides for either adult women or children, highlighting systemic failures in delivering justice.
Case Law
The case law of S v Zuma, highlights one of the major rape cases that remains unsolved due to insufficient evidence. In 2005, former Deputy President of South Africa Jacob Zuma, was charged with the rape of a 31-year -old woman, publicly known as Fezekile Khuzwayo.
Fezekile Khuzwayo, the complainant, was a family friend and the daughter of one of Jacob Zuma’s struggle comrades. On 2 November 2005, she visited Zuma at his residence in Forest Town. Khuzwayo alleged that while staying overnight, Zuma forced himself on her and raped her. Zuma, however, admitted that sexual intercourse had occurred but maintained that it was consensual. He denied the allegation of rape, asserting that Khuzwayo had willingly engaged in the sexual encounter.
The case drew extensive public attention and media scrutiny, largely because Jacob Zuma was a senior political figure and prominent member of the African National Congress at the time. The central legal question before the court was whether the sexual intercourse between Zuma and the complainant was consensual or constituted rape.
In May 2006, Jacob Zuma was acquitted by the High Court on the basis that the prosecution had not proven the charge of rape beyond reasonable doubt. Zuma’s version was accepted as reasonably true but Fezekile however still maintained that the sexual act was not consensual. The court’s argument however was that it found inconsistencies and contradictions in the complainants’ testimony.
The S v Zuma case exposed critical weaknesses in the criminal justice system’s ability to prosecute gender-based violence effectively. It highlighted how inconsistent court procedures and evidentiary shortcomings often result in acquittals, leaving thousands of cases unresolved. These failures not only deny survivors justice for the trauma they have endured but also perpetuate systemic impunity, undermining public confidence in the courts. Timely action to ensure accountability and restore faith in our legal system needs to be enforced. Strengthening judicial processes and ensuring strict adherence to proper court procedures can help restore victims’ confidence in the justice system. When courts demonstrate consistency, diligence, and impartiality, survivors are more likely to believe that justice will be pursued effectively and that their rights will be protected.
The case of Uyinene Mrwetyana, a 19‑year‑old University of Cape Town student who was raped and murdered by post office employee Luyanda Botha, resulted in a landmark judgment that emphasized the gravity of gender‑based violence. The ruling not only imposed severe sentences but also sparked nationwide outrage and reform movements, positioning the case as a catalyst for renewed legal and policy focus on combating GBV in South Africa.
The Uyinene case highlights how the South African law can deliver strong convictions when evidence is clear and the accused pleads guilty. However, it also highlights systemic failures in preventing gender-based violence. The fact that a state employee was able to exploit his position to commit such within a public service structure reveals the institutional weaknesses in vetting, oversight, and accountability within the public service.
Recommendations
The South African justice system has implemented noteworthy changes to curb gender-based violence. Some of the provisions have been efficient in curbing the scourge but have not adequately taken into account the societal norms and institutional inefficiencies that require further consideration. The following points can be considered to combat the scourge of gender-based violence:
- Competent training for law enforcement officials, social workers and medical practitioners who handle gender‑based violence cases is essential to ensure that victims are approached with empathy and that investigations are conducted with greater effectiveness and professionalism.
- More accessible platforms for victims to report cases and get support must be developed to ensure that victims of gender‑based violence can easily seek help. This includes establishing reliable helplines, community‑based information centers, and mobile outreach units, all designed to provide survivors with immediate access to assistance and resources.
- International collaboration is essential in addressing gender‑based violence, which remains a global challenge. Drawing on successful strategies implemented in other countries allows for the exchange of knowledge and solutions, while adapting best practices to align with South Africa’s unique social and legal context.
The 2018 Total Shutdown protest march, which occurred at the Johannesburg Stock Exchange demanding change to review existing laws and policies to address the crisis. South Africa developed comprehensive frameworks dedicated to respond to gender-based violence. The National Strategic plan on Gender-based Violence and Femicide was launched by the government, which dedicated approximately R21 billion (about USD 1.2 billion). In May 2024, the new legislation the Femicide Bill and National Council on gender-based violence were signed into law.
In conclusion, South Africa’s existing legal framework has established comprehensive mechanisms to address gender‑based violence, and in certain cases it has delivered strong convictions. However, the persistence of unresolved cases, evidentiary shortcomings, and systemic delays demonstrates that the law has not been sufficient to curb the widespread scourge of GBV. Many incidents remain unreported due to entrenched societal norms, fear of stigma, and the absence of adequate support structures for survivors. Where cases are reported, backlogs and inefficiencies within law enforcement often undermine investigations and delay justice. These challenges reveal the urgent need for a coordinated and uprooted approach—one that strengthens evidence collection, improves institutional accountability, and ensures survivor‑centered procedures—to more effectively combat gender‑based violence and restore public confidence in the justice system.
Bibliography
Case law
- S v Zuma (JPV325/05, JPV325/05) [2006] ZAGPHC 45; [2006] 3 All SA 8 (W); 2006 (7) BCLR 790 (W); 2006 (2) SACR 191 (W) (8 May 2006)
Legislation
- Domestic Violence Act, 1998 (Act 116 of 1998)
- Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007)
- Children’s Act, 2005 (Act 38 of 2005)
- Protection from Harassment Act (2011)
- Employment Equity Act, 1998 (Act 55 of 1998)
Journal articles
Ramaccio Calvino L and Tholaine Matadi M (2023) Enforcement of Gender-Based Violence Legislation in South Africa: The Need for a Paradigm Shift. Global Trends in Law Enforcement-Theory and Practice.IntechOpen.
Available at: http://dx.doi.org/10.5772/intechopen.1002790.
Abrahams N, Mathews S, Lombard C, Martin LJ, Jewkes R (2017) Sexual homicides in South Africa: A national cross-sectional epidemiological study of adult women and children. PLoS ONE 12(10): e0186432. https://doi.org/10.1371/journal.pone.0186432.
Newspaper article
Times Live, IN HIS OWN WORDS | Luyanda Botha: ‘This is how I killed Uyinene’ IN HIS OWN WORDS | Luyanda Botha: ‘This is how I killed Uyinene’ 15 November 2019
The Citizen, Krugersdorp rape horror – why are cops only acting now against zama zamas? By Sipho Mabena, Why did it take the horror of Krugersdorp gang rape for police to act? 02 August 2022
Daily Sun, Krugersdorp gang rape: Case goes cold! By Zandile Khumalo Krugersdorp gang rape: Case goes cold! | Daily Sun. 31 July 2023.
Websites and blogs
Sonke Gender Justice, “Child sexual assault cases in South Africa demand urgent and decisive response” Child sexual assault cases in South Africa demand urgent and decisive response – Sonke Gender Justice. 03 April 2025.
Legal advice, “What Is Gender-Based Violence (GBV) in South Africa” What Is Gender Based Violence (GBV) in South Africa – Legal Advice South Africa. 06 October 2025.
South African Government, “Government welcomes Uyinene Mrwetyana murderer sentence”
Government welcomes Uyinene Mrwetyana murderer sentence | South African Government. 16 November 2019
The Conversation, “Violence against women is staggeringly high in South Africa – a different way of thinking about it is needed” By Amanda Gouws
https://theconversation.com/violence-against-women-is-staggeringly-high-in-south-africa-a different-way-of-thinking-about-it-is-needed-195053.
UN Women For all women and girls- South Africa’s G20 Women’s Shutdown – a turning point for ending gender-based violence and femicide?
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.
