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Legally, GBV is not defined by a single law, but is addressed through a combination of constitutional rights and specific legislation. The Domestic Violence Amendment Act (No. 14 of 2021), for example, has significantly expanded the definition of "domestic violence" to include a wide range of abusive behaviors. This includes:

  • Coercive behaviour: Forcing a person to do or abstain from doing something they have a right to do.
  • Controlling behaviour: Isolating a victim from support systems or regulating their daily actions.
  • Economic abuse: Unreasonably depriving a victim of financial resources they are entitled to.
  • Spiritual abuse: Manipulating a victim's religious or spiritual beliefs to justify abuse.
  • Exposing a child to domestic violence: Intentionally causing a child to witness or experience the effects of abuse.
  • This broader legal framework recognizes that GBV is not just physical violence, but a pattern of control and harm rooted in gender inequality.

Victims of GBV have several legal avenues for protection and justice, and a lawyer can assist with all of them:

  • Domestic Violence Protection Order: This is a crucial civil remedy that can be obtained from a Magistrate's Court. It is a court order that legally prohibits the abuser from committing further acts of violence, contacting you, or coming to your home or workplace. Violating a protection order is a criminal offense, leading to immediate police intervention.
  • Criminal Charges: You can lay a criminal charge against the perpetrator for offenses such as assault, rape, or malicious damage to property. The criminal justice system will then prosecute the offender.
  • Civil Claim for Damages: You can pursue a civil claim against the perpetrator to recover financial compensation for the physical, emotional, and financial harm caused by the abuse. This is separate from a criminal case.

Yes, the bail laws have been significantly reformed. The Criminal and Related Matters Amendment Act has changed the landscape for GBV offenders. The most critical change is that an accused person in a GBV case can no longer be granted bail at a police station by a police officer or a prosecutor. Only a court can now decide on bail. Furthermore, the burden of proof has shifted; the accused must now prove to the court why it is in the interest of justice for them to be released on bail, rather than the state having to prove why they should be detained. This change prioritizes victim safety and ensures a judicial officer has all the necessary information, including the victim's safety concerns, before making a decision.
 

]The process for obtaining a protection order has been made more accessible with recent legislative changes. You can apply at your nearest Magistrate’s Court. The application is made by completing an affidavit detailing the abuse. A significant new development is the ability to submit a protection order application electronically via email to the court, which is particularly helpful for victims who are in immediate danger or unable to physically go to court. A protection order can be applied for by a victim, or with the victim's consent, by a third party. In the case of a child or a person with a disability, any adult who has knowledge of the abuse is legally obligated to report it to a social worker or the police.

This is a serious and unfortunately common problem. The Domestic Violence Amendment Act specifically strengthens the obligations of law enforcement officers in GBV cases. They are required to assist you in laying a complaint, provide information on support services, and ensure your safety. If a police officer fails to fulfill these duties, they can be held accountable, and you have the right to escalate the matter. A law firm like VDM Attorneys can assist you in holding the police accountable and ensuring your case is handled with the seriousness it deserves.

Legally, GBV is not defined by a single law, but is addressed through a combination of constitutional rights and specific legislation. The Domestic Violence Amendment Act (No. 14 of 2021), for example, has significantly expanded the definition of "domestic violence" to include a wide range of abusive behaviors. This includes:

  • Coercive behaviour: Forcing a person to do or abstain from doing something they have a right to do.
  • Controlling behaviour: Isolating a victim from support systems or regulating their daily actions.
  • Economic abuse: Unreasonably depriving a victim of financial resources they are entitled to.
  • Spiritual abuse: Manipulating a victim's religious or spiritual beliefs to justify abuse.
  • Exposing a child to domestic violence: Intentionally causing a child to witness or experience the effects of abuse.
  • This broader legal framework recognizes that GBV is not just physical violence, but a pattern of control and harm rooted in gender inequality.

Victims of GBV have several legal avenues for protection and justice, and a lawyer can assist with all of them:

  • Domestic Violence Protection Order: This is a crucial civil remedy that can be obtained from a Magistrate's Court. It is a court order that legally prohibits the abuser from committing further acts of violence, contacting you, or coming to your home or workplace. Violating a protection order is a criminal offense, leading to immediate police intervention.
  • Criminal Charges: You can lay a criminal charge against the perpetrator for offenses such as assault, rape, or malicious damage to property. The criminal justice system will then prosecute the offender.
  • Civil Claim for Damages: You can pursue a civil claim against the perpetrator to recover financial compensation for the physical, emotional, and financial harm caused by the abuse. This is separate from a criminal case.

Yes, the bail laws have been significantly reformed. The Criminal and Related Matters Amendment Act has changed the landscape for GBV offenders. The most critical change is that an accused person in a GBV case can no longer be granted bail at a police station by a police officer or a prosecutor. Only a court can now decide on bail. Furthermore, the burden of proof has shifted; the accused must now prove to the court why it is in the interest of justice for them to be released on bail, rather than the state having to prove why they should be detained. This change prioritizes victim safety and ensures a judicial officer has all the necessary information, including the victim's safety concerns, before making a decision.
 

]The process for obtaining a protection order has been made more accessible with recent legislative changes. You can apply at your nearest Magistrate’s Court. The application is made by completing an affidavit detailing the abuse. A significant new development is the ability to submit a protection order application electronically via email to the court, which is particularly helpful for victims who are in immediate danger or unable to physically go to court. A protection order can be applied for by a victim, or with the victim's consent, by a third party. In the case of a child or a person with a disability, any adult who has knowledge of the abuse is legally obligated to report it to a social worker or the police.

This is a serious and unfortunately common problem. The Domestic Violence Amendment Act specifically strengthens the obligations of law enforcement officers in GBV cases. They are required to assist you in laying a complaint, provide information on support services, and ensure your safety. If a police officer fails to fulfill these duties, they can be held accountable, and you have the right to escalate the matter. A law firm like VDM Attorneys can assist you in holding the police accountable and ensuring your case is handled with the seriousness it deserves.

Gender Based Violence (GBV)

VDM Attorneys - Your Shield Against Gender-Based Violence

Gender-Based Violence (GBV) is a devastating crisis in South Africa, profoundly affecting countless lives, particularly those of women and children. At VDM Attorneys, we stand as unwavering advocates for victims, committed to providing compassionate and effective legal assistance to navigate the complexities of the justice system and reclaim safety and dignity.

What is Gender-Based Violence Under South African Law?

Gender-Based Violence (GBV) refers to any harmful act directed at an individual based on their gender. It's a profound violation of human rights, rooted in deeply entrenched gender inequality and unequal power dynamics. While both men and women can be victims, the vast majority are women and girls.

In South Africa, GBV manifests in various forms such as 

Domestic Violence and Intimate Partner Violence: Encompassing physical, emotional, psychological, sexual, and financial abuse by a current or former intimate partner. The Domestic Violence Act provides a crucial legal framework for protection orders in these cases. The 2021 amendments notably expanded the definition of domestic violence to include coercive behaviour (forcing actions), controlling behaviour (making a victim dependent, regulating movement, isolating them from support), economic abuse (depriving financial resources like education or rent), exposing a child to domestic violence (causing a child to witness or experience its effects), elder abuse, related person abuse (harming someone close to the victim), sexual harassment (unwelcome sexual attention), and spiritual abuse (manipulating religious beliefs to justify abuse).

Sexual Violence and Rape: Any sexual act committed without consent. The Criminal Law (Sexual Offences and Related Matters) Amendment Act is key legislation addressing these heinous crimes.

Human Trafficking and Exploitation: The coercion, abduction, or deception of individuals for the purpose of exploitation, often sexual or labour-related.

The impact of GBV is far-reaching, causing not only severe physical and emotional trauma but also affecting victims' careers, family lives, and fundamental sense of safety.

The Legal Foundation: Protecting Your Rights

South Africa boasts a robust constitutional and legislative framework designed to combat GBV and safeguard human rights. This commitment is the bedrock of our legal approach:

Constitutional Pillars:

  • Section 9 (Equality Clause): This fundamental right prohibits unfair discrimination on any ground, including gender and sex, aiming to dismantle systemic inequalities.
  • Section 10 (Dignity Clause): Recognises the inherent right to human dignity, a core value severely undermined by gender-based violence.
  • Section 12 (Freedom and Security of the Person): Explicitly protects against all forms of violence, whether from private individuals or public entities, safeguarding personal autonomy.

Key Legislation:

  • Domestic Violence Act 116 of 1998 (as amended by Act 14 of 2021): Empowers victims to obtain protection orders and significantly broadens the definition of domestic violence to include economic, emotional, psychological, coercive, and controlling behaviours, as well as exposure of children to violence. It also strengthens law enforcement obligations. The definition of a "domestic relationship" has also been expanded to include any close relationship where parties share or shared a residence, based on trust, dependence, and relationship length.
  • Sexual Offences and Related Matters Amendment Act 32 of 2007 (as amended by Act 13 of 2021): Criminalises a wide range of sexual offences, enhances victim protections, imposes stricter penalties, and mandates heightened reporting obligations for professionals regarding child sexual offences. It also established the National Register for Sex Offenders.
  • Prevention and Combating of Trafficking in Persons Act 7 of 2013: Provides comprehensive tools to prosecute human trafficking offences, which disproportionately affect women and girls.
  • Criminal and Related Matters Amendment Act 12 of 2021: Introduces tighter bail conditions for GBV offenders and imposes harsher minimum sentences, particularly for repeat offenders, strengthening deterrence and accountability.

Your Legal Advocate -  How VDM Attorneys Can Help

Facing GBV can be overwhelming, but you don't have to face it alone. VDM Attorneys provides a comprehensive, victim-centric approach to legal support, ensuring your rights are upheld and justice is pursued.

Immediate Protection: Securing Your Safety
Your safety is our priority. We can assist you with:

  • Protection Orders: Under the Domestic Violence Act, we can swiftly apply for a protection order to legally safeguard you from further abuse, threats, or harassment. This vital document legally prohibits the perpetrator from contacting you, coming to your home or workplace, and other harmful acts. The Domestic Violence Amendment Act 14 of 2021 now allows for filing protection orders through digital platforms, enhancing accessibility for urgent interventions.
  • Urgent Interventions: In acute situations, we can guide you on immediate steps to ensure your safety and connect you with crucial support services like shelters and counselling.

Navigating the Justice System: From Reporting to Resolution


The legal process can be daunting, especially during times of distress. Our attorneys will:

  • Provide Clear Guidance: We will explain your rights, legal options, and the procedures involved at every stage – from reporting the crime to potential court proceedings and sentencing.
  • Pursue Criminal Charges: We can assist you in laying criminal charges against perpetrators, providing support throughout the investigation and prosecution phases.
  • Address Bail Applications: We understand the critical changes to bail laws in GBV cases. With recent amendments, police stations and prosecutors can no longer grant bail in GBV cases; only courts have this authority. Furthermore, the burden of proof has shifted to the accused to demonstrate why bail should be granted. We will ensure that your safety concerns are heard directly by the court and advocate for stricter conditions or oppose bail where necessary.
  • Integrated Protection Order Process: The new Section 60(12)(b) of the Criminal Procedure Act allows criminal courts to conduct protection order inquiries during bail hearings. This means you could receive immediate protective relief without filing a separate civil application, streamlining the process.

Seeking Justice and Compensation: Civil Claims for Damages

Beyond criminal proceedings, you may be entitled to compensation for the harm you've endured. VDM Attorneys can help you:

  • File Civil Claims: We assist victims in pursuing civil claims against perpetrators to recover damages for physical injuries, emotional distress, psychological trauma, and financial losses (e.g., medical expenses, lost income) caused by GBV.
  • Compensation Orders: We can explore avenues for compensation orders within criminal proceedings, where the court can order the accused to pay for losses suffered.
  • Restitution: In cases of unlawfully dispossessed or damaged property, we can help you seek restitution for the return or repair of goods.

Your Rights, Our Fight - Victim Empowerment

As a victim of crime in South Africa, you have fundamental rights enshrined in our Constitution and various laws. We ensure these rights are upheld:

  • Right to Be Treated with Fairness and Respect: You have the right to be attended to promptly, courteously, and with respect for your dignity and privacy by all legal and support service providers. This also aims to prevent secondary victimisation.
  • Right to Offer and Receive Information: You have the right to contribute to the investigation, receive updates on your case, and be informed of all relevant services available to you, including court dates, the status of the case, and reasons for decisions made.
  • Right to Protection: You are entitled to be free from intimidation, harassment, and fear. In certain circumstances, we can assist in requesting measures like witness protection or in-camera (private) court proceedings.
  • Right to Assistance: You can request assistance from police, court officials, and access to social, health, and counselling services, as well as legal aid. This includes special measures for sexual offences and domestic violence cases, often heard in specialised courts.
  • Right to Compensation and Restitution: Where applicable, you have the right to seek financial compensation for losses or damages, or the return of unlawfully taken or damaged property.

Challenges and The Way Forward

Despite a strong legal framework, challenges in combating GBV persist: underreporting due to fear and stigma, delays in prosecution, inadequate law enforcement response, and limited access to support services.

The South African government, recognising these hurdles, has implemented the National Strategic Plan on Gender-Based Violence and Femicide (2020–2030) to unify efforts in prevention, response, and survivor support.

VDM Attorneys is committed to contributing to a safer South Africa by:

  • Advocating for Strengthened Law Enforcement Training: Ensuring police and judicial officials handle GBV cases with sensitivity and efficiency.
  • Promoting Increased Access to Support Services: Working with partners to expand the availability of shelters, psychological counselling, and legal aid in all communities.
  • Championing Accountability: Pushing for efficient prosecution timelines and stricter penalties to rebuild trust in the justice system.

Take Action Today - Don't Suffer in Silence

Gender-based violence is a grave societal issue, and the South African government is continuously strengthening its legislative framework to protect victims. While official statistics for sexual offences may show fluctuations, the overall prevalence of violence against women remains unacceptably high. For instance, South Africa's femicide rate is tragically five times the global average. Women and girls from all backgrounds – including elderly women, sex workers, and the LGBTQ+ community – are disproportionately affected by physical, sexual, economic, emotional, and psychological violence.

You do not have to endure GBV alone. Seeking legal help is a courageous step towards safety, healing, and justice.

Contact VDM Attorneys today for a confidential and empathetic consultation. We are here to listen, to guide, and to fight for you.