Violence against women and children continues to occur at an alarming scale all over the world and South Africa is no exception. The 16 Days of Activism for No Violence against Women and Children Campaign aims to shed light on this global issue. It is a United Nations campaign held annually from 25 November to 10 December (International Human Rights Day).
Why is it important
In Police Minister, Senzu Mchunu’s speech, at the occasion of the release of the second quarterly crime statistics 2023/2024 hosted on Monday 25 November 2024, he stated the following:
“Gender-based violence, which has become a national priority crime, requires our distinct focus, as it continues to devastate families and communities, with a unique set of challenges that demand specialised intervention, thorough investigations, and collaborative solutions.“
The following statistics for the period between July and September 2024 were given in relation to violence against women and children:
- 957 women and 315 children were murdered
- there were 1 567 reported incidents of attempted murder that involved female victims and 490 incidents that involved children
- there were 14 366 Assault GBH incidents involving women and 1 944 involving children reported to the police
- 10 191 rape incidents were reported during this period wherein 4 303 of these incidents took place at either the home of the rape victim or the home of the perpetrator which was known to the victim, such as a family member, a friend, or a neighbour.
National Council on Gender-Based Violence and Femicide Act 9 of 2024
After the National Council on Gender-Based Violence and Femicide Act No. 9 of 2024 (“Act”) was assented to by the President in May 2024, the operation of the Act commenced on 15 November 2024. The Act came into operation just days before the commencement of the 16 Days of Activism for No Violence against Women and Children Campaign.
The Act is in line with the purpose and spirit of our Constitution which aims to respect and protect the rights to equality, freedom and security of persons.
In its preamble, the Act recognises that eliminating Gender-Based Violence can only be possible by implementing a “multi-sectoral, co-ordinated government and whole of society approach” to fighting the scourge. The preamble further indicates that to achieve this it is imperative to “harness the roles, responsibilities, resources and commitments across government, labour, civil society, movements, youth structures, faith-based structures, traditional structures, the media, development agencies, the private sector, academic institutions and all other stakeholders”.
The Act defines Gender-Based Violence as:
“violence associated with gender, which includes physical, sexual, verbal, emotional, economic, domestic, educational or psychological abuse or threats of such acts of abuse in public or private life”
The Act governs the formation and legislative framework for the National Council. This is done by establishing the National Council as a statutory body responsible for providing strategic leadership on eliminating Gender-Based Violence. In terms of the Act, one of the Council’s first tasks is to develop an action plan for the implementation of the national strategy on Gender-Based Violence, which has to include, amongst other things, a set timeline to be complied with by all stakeholders.
In terms of section 5 of the Act, the functions of the National Council include:
- Develop an action plan, not later than six months after its establishment, for the implementation of the national strategy addressing gender-based violence and femicide;
- Co-ordinate measures for education and training concerning the prevention and combating;
- Ensure co-ordination between all structures established in terms of the Act;
- Facilitate strategic partnerships between the Council and relevant stakeholders, as and when required;
- In consultation with the Minister, facilitate the establishment of inter-sectoral and multi-sectoral structures to jointly prevent and respond to gender-based violence and femicide;
- Co-ordinate the prioritisation of gender-based violence and femicide programmes at national, provincial and local level, and at community and other forums.
Other Legislation
The South African government has taken a significant stride towards improving the law and safeguarding the rights and dignity of vulnerable groups like women and children. The government has introduced the Domestic Violence Amendment Bill 14 of 2022 (“the New Act”), which is an amendment to the Domestic Violence Act 116 of 1998 (“the Old Act”). The Domestic Violence Amendment Bill 14 of 2022 came into effect on the 14th of April 2022. The New Act includes various new definitions such as coercive behaviour, close relationship, and controlling behaviour. The New Act also expands the existing definition of Domestic Violence to include for example spiritual abuse, coercive and controlling behaviour, and sexual harassment. Read more here.
How can you help
In South Africa, our right to be safe and free is enshrined in the Constitution, and a protection order plays an important role in safeguarding those rights and the safety of individuals in abusive or threatening situations.
Any person who is/was subjected to domestic violence or harassment may apply for a Protection Order. It is also possible for a person to make an application for a protection order on behalf of the victim. This means that any person who has an interest in the well-being and safety of the victim can make an application. It should however be mentioned that if the victim is older than 18 years, the written consent of the victim is required to make an application on his/her behalf. Read more about protection orders here.
While the legal frameworks to support women and children exist, challenges persist in effective implementation and enforcement. Issues like underreporting, systemic barriers, and resource constraints hinder the full realisation of legal protections. Therefore, we must encourage silent victims to talk about their abuse and to ensure that they get help. It is also crucial to not stay silent and to report any form of abuse.
Contact Us
It takes immense courage to face each day when living in an abusive situation, and you have already shown incredible strength just by enduring this hardship. But know that there is a way out and there is a path towards healing and freedom. Reach out for help when you are ready, whether it’s to friends, family, or support organizations that can offer guidance and resources.
If you or someone you know needs any assistance or guidance with any Domestic Violence related matter, please contact us.
