Which Law Protects Against Gender-Based Violence In South Africa?
Three new laws on Gender Based Violence(GBV) has been singed. These laws were signed on the 28th of January, by President Cyril Ramaphosa the new laws are intended to strengthen efforts to end gender-based violence (GBV) in that country. Domestic Violence Amendment Act and Criminal Law (Sexual Offenses and Related Matters) Amendment Act are two of the new laws. The laws have been warmly welcomed by GBV activists, who hail them as a positive step. People Opposing Women Abuse (POWA), a non-governmental organization, hailed it as a “major breakthrough in tackling the extremely high rates of GBV in communities countrywide.”
Motivation Behind The Passing
The bills were first presented to the legislature in 2020. They were a part of Global Citizen’s advocacy work to increase GBV awareness in the nation.For more than a year, they were a topic of discussion in the legislature, and in September 2021, the National Assembly gave its blessing for them to formally enter into the law. The president was then given the opportunity to approve them, which he did on January 28, 2022.
What Does The Law Say?
All sexual offenders will be required to be listed on a national register as a result of this new legislation. The laws will also make it much simpler for survivors to obtain protection orders because they will be able to do so online rather than in person at a court. The definition of domestic violence will be expanded under the new laws to include assault victims who are dating, engaged to be married, in a traditional relationship, or who are in actual or perceived romantic, intimate, or sexual relationships of any length.
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The Laws
Domestic Violence Amendment Act and Criminal Law (Sexual Offenses and Related Matters) Amendment Act are two of the new laws.
- Domestic Violence Amendment Act
The Domestic Violence Act of 1998 has been amended by legislation to address its shortcomings and practical problems. It adds new definitions—like “controlling behavior” and “coercive behavior”—and expands the meaning of already-existing ones to cover spiritual abuse, elder abuse, and coercion.
- The Criminal and Related Matters Amendment makes changes to state that the presentation of testimony via an audio-visual link in proceedings assisted by middlemen will not be related to criminal proceedings. Bail is granted and revoked in accordance with the Criminal Procedure Act of 1977 and the Magistrates’ Courts Act of 1944. They also govern the complainant’s ability to take part in the parole process in cases involving domestic violence.
NB//Please take note that the information in this note does not constitute legal advice but is intended to provide general guidance on relevant topics.
