The persistence of GBV in South Africa points to the limitations of legal frameworks in addressing deeply rooted social issues, says the writer.
Tinuade Adekunbi Ojo
Profound social, political, and legal transformations mark South Africa’s journey from apartheid to democracy.
The end of apartheid in 1994 was not merely a political shift but a significant reconfiguration of the nation’s legal and social structures. Central to this transformation was the drafting of a new constitution, which is widely regarded as one of the most progressive in the world.
The South African Constitution enshrines a broad spectrum of human rights, including gender equality and sexual and reproductive rights (SRR).
The inclusion of these rights in the Bill of Rights was a ground-breaking step, signalling the country’s commitment to addressing the deep-seated gender inequalities that had been exacerbated by decades of apartheid.
Under apartheid, women, particularly black women, were subject to intersecting forms of discrimination based on race, gender, and socio-economic status. The Constitution sought to dismantle these discriminatory structures and provide a legal foundation for protecting and promoting women’s rights.
Despite the progressive legal framework established by the Constitution, gender-based violence (GBV) remains a pervasive and deeply entrenched problem. The Domestic Violence Act of 1998, the Criminal Law (Sexual Offences and Related Matters) Amendment Act of 2007, and the Protection from Harassment Act of 2011 are just a few examples of legislation designed to combat GBV. These laws represent a significant departure from the apartheid era, during which women, especially black women, had little protection against violence and abuse.
However, the persistence of GBV in South Africa points to the limitations of legal frameworks in addressing deeply rooted social issues. Statistics reveal a grim reality: one in three women in South Africa has experienced physical or sexual violence in her lifetime. The femicide rate is among the highest in the world. These alarming statistics highlight the ongoing challenge of translating legal rights into lived realities for women.
The government has implemented several interventions to address GBV.
These include the establishment of specialised courts for sexual offences and the launch of the National Strategic Plan on Gender-Based Violence and Femicide (NSP-GBVF) in 2020.
The NSP-GBVF is a comprehensive policy framework that addresses the root causes of GBV, supports survivors, and holds perpetrators accountable.
However, the implementation of these policies has been hampered by several factors, including inadequate funding, lack of co-ordination among government agencies, and attitudes that normalise violence against women.
Civil society organisations have played a critical role in filling the gaps left by the state. Organisations such as the Thuthuzela Care Centres, which provide a one-stop service for GBV survivors, and the Women’s Legal Centre, which offers legal assistance to women, have been instrumental in providing support and advocacy. Additionally, grassroots movements such as #TotalShutdown and #AmINext have mobilised public attention and pressured the government to take more decisive action against GBV.
These movements have highlighted the need for a more comprehensive approach to addressing GBV, one that goes beyond legal reforms and tackles the underlying social and economic inequalities that perpetuate violence against women.
Alongside efforts to combat GBV, South Africa has made significant strides in advancing sexual and reproductive rights (SRR) for women. The Choice on Termination of Pregnancy Act of 1996 is one of the most liberal abortion laws globally. This legislation was a landmark achievement in the struggle for women’s reproductive rights.
In addition to the Act, South Africa offers comprehensive sexual and reproductive health services, including contraception, maternal healthcare, and HIV prevention and treatment. However, access to these services is uneven, particularly in rural areas with limited healthcare infrastructure.
The high rates of HIV among young women and girls in South Africa remain a critical concern, as the epidemic intersects with both GBV and SRR. According to UNAids, girls and women aged 15–24 are twice as likely to be living with HIV compared to their male counterparts. This disparity reflects the gendered nature of the HIV epidemic in South Africa, where women and girls are disproportionately affected due to factors such as sexual violence, poverty, and limited access to healthcare services.
The government, with the support of international organisations, has implemented programmes to improve SRR. Notable initiatives include the Integrated School Health Programme, which provides sexual and reproductive health education and services in schools, and the She Conquers campaign, aimed at reducing HIV infections among young women. These programmes are critical for promoting SRR and empowering young people to make informed decisions about their sexual and reproductive health.
However, these initiatives often face resistance from conservative groups, and their reach remains limited.
High rates of sexual violence contribute to the spread of HIV/Aids, which disproportionately affects young women and girls. Despite the availability of prevention and treatment services, gender inequalities and social stigmas hinder their use.
Women who experience sexual violence are often at a higher risk of unintended pregnancies and sexually transmitted infections (STIs). The trauma of violence, coupled with limited access to healthcare services, exacerbates the challenges these women face in exercising their SRR. Moreover, the stigma associated with both GBV and SRR can prevent women from seeking help.
Addressing the intersection of GBV and SRR requires a multifaceted approach that includes legal reforms, healthcare interventions, and community-based programmes aimed at changing harmful gender norms. Sexuality education which promotes gender equality and respects SRR is also crucial for empowering young people and preventing both GBV and unintended pregnancies. However, the implementation of such education programmes has been inconsistent, and their effectiveness is often undermined by social and cultural resistance.
Despite significant legal and policy advancements, the realities of GBV and SRR in South Africa reveal persistent challenges that hinder the full realisation of women’s rights. Legal frameworks, while necessary, are insufficient on their own to address the deep-seated social and economic inequalities that perpetuate GBV and limit women’s choices regarding their reproductive health.
The gap between policy and implementation is particularly evident in rural areas, where women continue to face significant barriers in accessing healthcare services and legal protection.
The persistence of GBV can be attributed to several factors, including patriarchal norms and attitudes that devalue women and normalise violence. Economic inequality, unemployment, and poverty further exacerbate the vulnerability of women, making them more susceptible to abuse and less able to escape violent situations.
Moreover, despite the strong legislative framework, the criminal justice system often fails to provide adequate protection and justice for survivors.
Challenges such as underreporting of violence, secondary victimisation by law enforcement, and delays in legal proceedings contribute to the ongoing crisis of GBV in South Africa.
While South Africa has made progress in promoting SRR, the high rates of teenage pregnancy indicate that much work remains to be done.
The next 30 years While South Africa has laid a solid legal and policy foundation for addressing GBV and promoting SRR, the country must continue to build on these achievements. The following 30 years must be marked by a renewed commitment to gender equality and women’s empowerment.
* Ojo is an associate professor, Department of Politics and International Relations, and head of Pan African Women Studies, Institute of Pan African Thought and Conversation, University of Johannesburg.
Cape Times