Gender-based violence in South Africa : towards legal reform

Abstract

Gender-based violence has always been prevalent in South African society, but in the past five years it has received a lot more attention because of the extent of media coverage surrounding it. We now, fortunately, know about all the mothers, sisters, and friends who, are suffering behind closed doors or who are being killed brutally. This knowledge has caused an uproar which caught the attention of the Presidency. In his address to the nation, President Cyril Ramaphosa discussed gender-based violence and the changes that are to take place to curb its rise1. This inspired the direction of this dissertation. This dissertation discusses the police’s role in a gender-based violence case from the moment a complaint is received till the end of the process. The police play an important role because their approach to the victim determines the tone of the rest of the investigation. If a victim trusts a police officer, they are more likely to provide helpful information. If the community trusts the police, they are more likely to leave such matters in the department’s hands. The dissertation also discusses the purpose of bail and whether that purpose would allow a court refusing an accused bail simply because the accused committed a gender-based violent crime. It also looks at the new amendments to the law and how they contribute towards the curb the rise of gender-based violence as compared to the initial functioning legislation. The dissertation ends by discussing other countries’ approaches to gender-based violence in fulfilment of their duty to protect against it. The aim of this discussion is to enlighten the reader on other possible approaches