Enforcement of Gender-Based Violence Legislation in South Africa: The Need for a Paradigm Shift

Abstract

Gender-based violence (GBV) is particularly rife in countries facing socioeconomic challenges such as inequality, and violence perpetuated by discriminatory and prejudiced structures. It is therefore not surprising that South Africa has one of the highest numbers of GBV cases and that, in attempting to curb the same, the South African government adopted the third set of GBV Amendments Acts on 14 April 2023. It is envisaged that by inter alia expanding on several definitions and types of domestic abuse, the introduction of an electronic submission system as well as obligations for the implementation of an electronic communications service provider, the Domestic Violence Amendment Act 14 of 2021 (DVAA) will contribute towards restricting GBV cases in South Africa. Adopting a legal feminist theory considering the unequal power distribution between men and women and the macrosystem theory, this chapter analyses the effective enforcement of GBV legislation in particular to what extent, considering the societal nature of GBV, South Africa’s history of gender discrimination, and society’s dependence on structural drivers, a strong GBV legislative framework can curb GBV. Drawing on gender-based violence prevention research, recommendations are made for a multi-sectoral approach to the effective enforcement of a GBV legislative framework.