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The Efficacy of “Anti-Gender-Based Violence Laws” in Addressing the Scourge of Gender-Based Violence in South Africa

By Paul S. Masumbe, Pumza Nomnganga

Law and World · Vol. 11, No. 34, pp. 75-83 · 2025

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Abstract

South Africa has encountered a notable increase in incidents of gender-based violence (GBV) over recent years. The failure of South Africa’s criminal justice system to effectively address GBV cases has resulted in the stigmatisation of the system. Consequently, the public’s trust in the criminal justice system has diminished. In 2023, three ‘‘anti-GBV laws were enacted; these laws aimed at combating GBV, namely the Criminal Law (Sexual Offences and Related Matters) Amendment Act, the Criminal and Related Matters Amendment Act, and the Domestic Violence Amendment Act (DVVA). This study evaluates the efficacy of these laws in mitigating the prevalence of GBV in South Africa. Specifically, the research seeks to determine whether the anti-GBV laws offer protection to victims both before and after their rights are violated by perpetrators of gender-based violence. Additionally, the study investigates whether these laws expedite the legal processes involved in handling GBV cases. A comparison is made between the newly enacted laws and the Domestic Violence Act, which is recognised as the primary legislation governing GBV in South Africa. Recommendations are provided regarding the effective implementation of preventive legal measures outlined in the DVAA to safeguard GBV victims and combat the escalating rates of GBV in South Africa. This is a qualitative study, and it draws its insights from various sources, including articles, case law, legislation, the Constitution, and international legal frameworks.

Details

Publication type
Journal article
Author
  • Paul S. Masumbe - Doctor of Law, Associate Professor, Walter Sisulu University, South Africa
  • Pumza Nomnganga - Master of Law, Lecturer, Walter Sisulu University, South Africa
Journal
Law and World
Publication
June 30, 2025
Volume
11
Issue
34
Pages
75-83
Language
English
DOI
10.36475/11.2.7
ISSN
2346-7916
Institutions
Walter Sisulu University
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

International Human Rights Law

Keywords

Gender-based violence victims anti-GBV laws

Cite this record

Masumbe, P. S., & Nomnganga, P. (2025). The Efficacy of “Anti-Gender-Based Violence Laws” in Addressing the Scourge of Gender-Based Violence in South Africa. Law and World, 11(34), 75-83. https://doi.org/10.36475/11.2.7
Masumbe, Paul S. and Pumza Nomnganga. "The Efficacy of “Anti-Gender-Based Violence Laws” in Addressing the Scourge of Gender-Based Violence in South Africa." Law and World 11, no. 34 (2025): 75-83. https://doi.org/10.36475/11.2.7.
@article{masumbe2025_a8bmqf,
  title     = {The Efficacy of “Anti-Gender-Based Violence Laws” in Addressing the Scourge of Gender-Based Violence in South Africa},
  author    = {Masumbe, Paul S. and Nomnganga, Pumza},
  year      = {2025},
  journal   = {Law and World},
  volume    = {11},
  number    = {34},
  pages     = {75--83},
  doi       = {10.36475/11.2.7},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/791},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Masumbe, Paul S.
AU  - Nomnganga, Pumza
TI  - The Efficacy of “Anti-Gender-Based Violence Laws” in Addressing the Scourge of Gender-Based Violence in South Africa
PY  - 2025
JO  - Law and World
VL  - 11
IS  - 34
SN  - 2346-7916
DO  - 10.36475/11.2.7
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/791
AB  - South Africa has encountered a notable increase in incidents of gender-based violence (GBV) over recent years. The failure of South Africa’s criminal justice system to effectively address GBV cases has resulted in the stigmatisation of the system. Consequently, the public’s trust in the criminal justice system has diminished. In 2023, three ‘‘anti-GBV laws were enacted; these laws aimed at combating GBV, namely the Criminal Law (Sexual Offences and Related Matters) Amendment Act, the Criminal and Related Matters Amendment Act, and the Domestic Violence Amendment Act (DVVA). This study evaluates the efficacy of these laws in mitigating the prevalence of GBV in South Africa. Specifically, the research seeks to determine whether the anti-GBV laws offer protection to victims both before and after their rights are violated by perpetrators of gender-based violence. Additionally, the study investigates whether these laws expedite the legal processes involved in handling GBV cases. A comparison is made between the newly enacted laws and the Domestic Violence Act, which is recognised as the primary legislation governing GBV in South Africa. Recommendations are provided regarding the effective implementation of preventive legal measures outlined in the DVAA to safeguard GBV victims and combat the escalating rates of GBV in South Africa. This is a qualitative study, and it draws its insights from various sources, including articles, case law, legislation, the Constitution, and international legal frameworks.
KW  - Gender-based violence
KW  - victims
KW  - anti-GBV laws
KW  - გენდერული ძალადობა
KW  - მსხვერპლები
KW  - გენდერული ძალადობის საწინააღმდეგო კანონები
SP  - 75
EP  - 83
ER  -
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