Gender - Based Violence
South Africa celebrates Women’s Day on the 9th of August every year.
This year marks the 66th Anniversary.
On the 9th of August 1956, (as set out in the article National Women's Day in South Africa is a powerful day for equal rights ) 20 000 women marched to the Union Buildings in Pretoria to present “a petition containing more than 100,000 signatures against the country's pass laws requiring South Africans defined as "black" under The Population Registration Act to carry an internal passport, known as “a pass”, that served to maintain population segregation, control urbanisation, and manage migrant labour during the apartheid era.”
Women’s Day represents “an opportunity to pay tribute to the generations of women whose struggles laid the foundations for the progress made in empowering women and achieving gender equality to date.”
It is a day that is dedicated to the strength and resilience of women in South Africa. It is a day that is intended to celebrate women, highlighting the need for gender equality and equal rights.
If only it were that simple.
Because celebrating women, gender equality and equal rights when the rate of gender-based violence (GBV) in South Africa is at horrific proportions, is ironic.
Almost like another proverbial slap across the face. For all women.
The reality that many women face (on a daily basis), is in stark contrast to the intentions behind the celebrations on Women’s Day.
The statistics
It is extremely difficult to celebrate Women’s Day without thinking about GBV.
For some women in South Africa, it is a daily occurrence. Others are even less fortunate. They are remembered with flowers on gravestones. Unlucky, unprotected and having fallen through the protective cracks of the police and sometimes the judiciary.
It is a harsh picture. But true.
Aysha Taryam, the first Middle Eastern female Editor-in-Chief of an English language newspaper - The Gulf Today has been quoted as saying –
“If we are to fight discrimination and injustice against women we must start from the home for if a woman cannot be safe in her own house, then she cannot be expected to feel safe anywhere.”
It leaves little wonder why so many women feel unsafe within their own homes. Because they are.
And if that doesn’t send shivers up and down your spine, then perhaps the statistics will.
The quarterly crime stats in South Africa were presented by Police Minister Bheki Cele on 3 June 2022. The results have shown an alarming increase in rape and murder of women and children in the first 3 months of 2022. In fact, women (and children) are among the worst affected.
The Citizen reported that 13,799 sexual offences were reported to the South African Police Services (Saps), of which 10,818 were cases of rape.
In fact, rape cases had increased by 13.7% to 10,818 compared to 2021’s figure of 9,518 -
“A staggering 4,653 rapes took place at the home of the rape victim or at the home of the rapist. Alcohol was reported to play a role in 1,290 of these cases. The true number of rapes is likely to be much higher as many go unreported. Attempted sexual offences also saw a large leap in reported cases with 547 such incidents being reported representing an increase of 26.3% over the same period last year. In total, sexual offences increased by 13.7% to 13,799 – the majority of the reported offences being rape.”
The Daily Maverick reported on 14 June 2022 that -
“Worldwide, 27% of women and girls aged 15 and older have experienced physical or sexual intimate partner violence. In South Africa, this figure is a shocking one-third or even up to 50%.”
These stats are just numbers. Shocking, horrific, and very, very scary.
But these numbers are also people. Women and girls as young as 15. Sometimes younger. And when you look at these numbers and instead see people, the immediate response is something akin to a gag reflex.
To further illustrate the disparity between “celebrating women” and the realities of GBV committed against women in the same country that “celebrates” women on Women’s Day, we look at the study undertaken by Stats SA titled Crimes against women in South Africa, an analysis of the phenomenon of GBV and femicide –
- Almost 50% of assaults against women were committed by someone close to them such as a friend or acquaintance (22%), a spouse or intimate partner (15%), a relative or other household member (13%). Only 29% of assaults against women were committed by unknown assailants.
- 1 in 5 (21%) of partnered women have experienced physical violence by a partner.
- Women who are divorced or separated were more likely than other women (at 40%) to have experienced physical and/or sexual violence by a partner.
The likelihood of someone you know being a victim of physical and/or sexual assault or assault with the intent to inflict GBH is higher than you think.
And that is heart breaking.
Jaco Swart
The matter of Jaco Swart has been on everyone’s radar.
It is not that the assault on his estranged wife, Nicoleen is more noteworthy.
The murders of 23 year old Nosicelo Mtebeni, 28-year-old Ndivhuwo Munyai, 19-year-old University of Cape Town film student, Uyinene Mrwetyana during 2019 and 2021 are the things of nightmares. Truly.
Most recently the gang rape of 8 women that were on set filming a music video in West Village outside Mogale City on 28 July 2022 and the two Grade 12 schoolgirls who were hacked to death in KwaZulu-Natal over the weekend of 30 July 2022 have women in South Africa collectively gasping with horror.
The details around each of the stories mentioned above are devastating, morally repulsive and make you sick to your stomach.
But with Jaco Swart’s case, a “price” or a value was assigned to assault with the intention to inflict GBH against a woman. That “price” was R20 000.
Seemingly the value of a woman. Seemingly the price that can be paid to inflict pain and suffering. And it has been put down to an actual number.
As set out by AfriForum –
“Jaco Swart has been convicted of assault with intent to inflict grievous bodily harm against his estranged wife, Nicoleen. The Pretoria North Regional Court sentenced Swart to a R20 000 fine, as well as a three-year prison sentence, suspended for a period of five years. AfriForum’s Private Prosecution Unit supported Nicoleen in this matter in terms of a watching brief.
Swart pleaded guilty to the two counts after facing an unassailable case, which included surveillance footage of his violent criminal acts. The CCTV footage captured Swart pushing, punching, and kicking his wife at their business in 2018. Some of the vicious attacks took place in front of the couple’s two children.
The matter was previously struck off the roll. It was then that Nicoleen and her family approached the Unit for help. Advocate Gerrie Nel and his team, in terms of a watching brief from Swart, made representations to the DPP, and indicated that they were prepared to institute private prosecution. Thereafter, the DPP instructed in May 2021 that the accused must be summarily prosecuted.
The NPA prosecutor applied to have the surveillance footage admitted for the purposes of aggravation of sentence, but the court disallowed this after the defence questioned its authenticity. AfriForum’s Private Prosecution Unit had hoped more was done to ensure the footage was admitted to the record, to allow the magistrate to view first-hand Swart’s violent conduct directed at his wife.”
Whilst a guilty sentence is welcomed, imposing a fine of R20 000 for the attacks on Nicoleen (with the insurmountable evidence against Jaco) seems unconscionable.
Completely disproportionate to the trauma she suffered and grossly inappropriate.
But that is seemingly the case in most situations. Especially the ones we have mentioned above.
And the question here really is – what message does it send to perpetrators of physical and/or sexual assault or assault with the intent to inflict GBH?
Simply pay a small fine and get a reduced sentence? Or perhaps get away with it altogether?
Jaco Swart’s sentence is an insult to women. Because it amounts to lip-service. Only. Which is why there is a petition to appeal his sentence.
But does this amount to real action being taken to curb GBV in South Africa? Is there real consequence for the perpetrators and assailants?
According to the NEWS24 opinion article titled Into what barbaric abyss are we descending? GBV horrors beg this question –
“The West Rand episode is just one out of many such sordid rape tales that have come up of late. No wonder residents of West Village say the government is simply not doing enough to ensure that women are safe in South Africa. They say crime against women has become a norm.
The GBVF epidemic sweeping across our nation with impunity tells it all: These days South Africa is no country for girl children and women in general.
For women, sexual violence is not called a fate worse than death for nothing. Those of us at the International Women's Forum South Africa, the local division of a global organisation of over 7 500 pre-eminent women of significant and diverse achievement from across 36 nations and six continents, who know women who have suffered it, like the eight models filming a movie, understand that only too often something within them does indeed die.
Actually, all peace, all security and sometimes all chances of happiness, has been destroyed by the sexual violence they suffered allegedly from the illegal miners, the zama zamas.
Though a global phenomenon, the appalling GBVF just as we celebrate Women's Month has to do with the attitude of the perpetrators, the lacklustre response of law-and-order agencies and officials and the absence of institutional supportive system to help the victims remain a challenge.
GBVF victims suffer abuse that is worse than physical injury. Sexual violence takes away the right to dignity of a woman, let alone the right to personal liberty and security to enjoy freedom of movement, whether at West Village or anywhere in our country.
Sadly, the onus of proof lies only with the victims of GBVF. They must provide their underwear and not clean themselves before going to the police station to report the violation, and to the hospital or doctor for hospital tests.”
For all these women (amongst thousands of others who have not come forward) seeing justice for their trauma seems very far away.
Amid the appalling number of gender-based violence acts, lip-service is simply not enough.
What is the South African Government doing about GBV?
On the 28th of January 2022, President Cyril Ramaphosa signed three new GBV laws aimed at strengthening efforts to end GBV in South Africa.
These include –
- the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill - introduces a new offence of sexual intimidation, expands the National Register for Sex Offenders, expands the list of people who are to be protected to include other vulnerable people and increases the period for which a sex offender’s particulars must remain on the Register.
- the Criminal and Related Matters Amendment Bill – seeks to amend various laws that address GBV, offences committed against vulnerable people and provides for additional procedures to reduce secondary victimisation of vulnerable people in court proceedings, and
- the Domestic Violence Amendment Bill – seeks to expand the definition of domestic violence to include actions such as controlling or coercive behaviour, removes gender binary terms and relies more on gender-neutral terminology to ensure inclusive and equal protection for all persons and further expands the scope of the Act to apply to forms of harm that occur through the use of electronic communication, including unreasonably and repeatedly contacting a person online.
(For more information on the Bills we summarised above, refer here).
According to EWN, “one key change in the legislation to protect women, is that protection order applications can be submitted 24-hours a day. Victims also don’t have to be present in court when a magistrate grants an interim protection order. It also makes provision for certain particulars of persons convicted of sexual offences to be made publicly available.”
All good things.
These new Acts are clearly very welcome additions to South Africa’s current legislation dealing with gender based violence, which already include the Domestic Violence Act 116 of 1998, the Protection from Harassment Act 17 of 2011 and the Prevention of Combatting of Human Trafficking in Human Persons Act 7 of 2013.
This new legislation clearly means that South Africa has finally stepped up its protection for women, children, and survivors of physical and/or sexual assault or assault with the intent to inflict GBH. At least, that’s the intention. Yes, this does mean that victims may have a better chance of receiving justice. But…
But will it practically translate to the crime statistics come the next quarterly crime stats review? Will it really help women who are victims of GBV?
Keeping in mind that according to the opinion article on News24 mentioned above, “a woman is murdered every three hours in South Africa. The World Health Organisation has reported that South Africa's GBVF statistics stand at 12.1 per 100 000 women, five times higher than the global average of 2.6 women per 100 000. Also, Statistics South Africa has reported that 138 women per 100 000 were raped in the country, the highest rate in the world” - only time will tell. Unfortunately.
In the meantime, if you are someone you know has been a victim of GBV, you/they can contact POWA who are able to provide counselling and short term sheltering.
For legal advice, please get in touch with NVDB Attorneys without hesitation. We are a law firm that considers honesty to be core to our business. We are a law firm that will provide you with clear advice and smart strategies - always keeping your best interests at heart.
In addition, if you have any questions on the information that we have set out above or have a personal issue which you want to discuss with a suitably qualified legal professional, please contact us.
At NVDB Attorneys, we hold our female colleagues, support staff, family, partners, and friends in high regard. We will do our utmost to protect their rights and ensure their safety to the best of our abilities. Always!
We will also hold our loved ones a little closer today. We hope you will too.
