Addressing Rape and Femicide: The South African Gender-based Violence Legal Framework

Abstract

Although gender-based violence and femicide (GBVF) are a global phenomena, the extent and severity thereof vary amongst countries. In the last quarter of 2023, more than 12,200 rapes were reported to the South African Police Services (SAPS) and the femicide rate in South Africa is more than five times the global average. The South African Constitution, and specifically the Bill of Rights, protects various human rights, such as the right to equality, dignity, and life. The protection of human rights are given practical effect in specific legislation and over the years various pieces of human rights centred legislation have been implemented to protect the safety and security of women against GVBF. South Africa has also aligned its domestic laws governing GBVF to give effect to its obligations in terms of the international law. Unfortunately, the high levels of gender-based violence continue to impede the full attainment of human rights for women. The South African government is committed to reduce and ultimately eradicate GBVF. In 2020 the South African government adopted a National Strategic Plan (NSP) in this regard. Many multi-disciplinary interventions across various sectors have been made since the NSP adoption. The discussion will show that there has been a disconnect between the different interventions. To address the absence of a unified multidisciplinary and multisectoral approach, legislation was passed in 2024 providing for the implementation of a National Council for GBVF that will bring together all the stakeholders that are involved in the elimination of GBVF. The discussion focusses on specific forms of GBVF, namely rape and intimate partner femicide. It explores how and why the laws dealing with rape and intimate partner femicide have evolved over the years. It will show that despite the 2020 NSP, the interventions post NSP and the human rights-centred laws implemented over the years, the amount of rape and intimate partner femicide are still very high. Rape and intimate partner femicide present many challenges and solutions to the challenges must be found on many levels. The discussion explores the possible solutions to address the different challenges experienced in the eradication of GBVF.