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Family and Divorce law in South Africa - A Comprehensive Guide
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Gender Based Violence


Gender Based Violence
​Social Development Minister Lindiwe Zulu once said that the names of victims of gender-based violence in South Africa read like a casualty list of a war zone.
Gender-based violence (GBV) is a serious and widespread problem in South Africa, affecting nearly each and every aspect of life. GBV (which disproportionately impacts women and girls) is wide spread, and deeply entrenched in institutions, cultures and traditions in South Africa. Every day in the media we read of men abusing women or children. Abuse against women happens in all spheres of our society. The rate at which women in South Africa are murdered by intimate partners is five times higher than the global average, according to the World Health Organisation.

Exactly what is gender-based violence?

GBV happens as a result of normative role expectations and unequal power relationships between genders in a society.

There are lots of different definitions of GBV, however it can be largely described as the general term used to capture violence that occurs as a result of the normative role expectations associated with each gender, along with the unequal power relationships between genders, within the context of a specific society.” Bloom, Shelah S. 2008.

Patriarchy is a social system that treats men as superior to women – where women can not protect their bodies, satisfy their basic needs, engage fully in society and men perpetrate violence against women with impunity.

In 2012, a study performed by Gender Links found that 77% of women in Limpopo, 51% in Gauteng, 45% in the Western Cape and 36% in KwaZulu-Natal had suffered some form of GBV (Gender Links 2012). Men were the primary perpetrators of this violence. For instance, 76% of men in Gauteng, 48% in Limpopo and 41% in KwaZulu-Natal mentioned to perpetrating GBV (Gender Links 2012). A study surveying 1 306 women in three South African provinces revealed that 27% in the Eastern Cape, 28% in Mpumalanga and 19% in Limpopo had been physically abused in their life time by a current or ex-spouse (Abrahams et al. 1999). The exact same study examined the occurrence of emotional and financial abuse encountered by women in the year earlier to the study and discovered that 51% of women in the Eastern Cape, 50% in Mpumalanga and 40% in Limpopo were exposed to these kinds of abuse (Abrahams et al. 1999).
​
Culturally, men are usually placed in a powerful position in relation to females due to practices like as lobola, ukuthwala and Sharia law where females naturally hold a secondary position to males (Althaus 1997; Ansell 2001; Moosa 1996). This often turns out to be normalised, with both men and women being socialised into conforming to these cultural and religious practices. Regrettably, many of these practices implicitly or explicitly condone and tolerate GBV. Numerous scientific studies (e.g. Holt et al. 2008; Krug et al. 2015) have shown that violence is a learned behaviour for both males and females. These scientific studies claim that younger people who grow up in families characterised by violence are a lot more most likely to normalise violence in their relationships later in life. Nonetheless, it is not usually the case that children who notice parents fighting will automatically turn out to be violent. Occasionally there are mediating protective factors that result in these children not becoming violent or remaining in violent relationships. Nevertheless, many studies still establish this link.

Forms of gender-based violence

Domestic violence 

Domestic violence is the most typical form of GBV amongst partners. It often comprises of physical violence or threats of violence. This kind of violence may also include sexual assault, battery, coercion and sexual harassment (Sigsworth 2009; Tshwaranang Legal Centre 2012). 

Physical violence 

This kind of GBV comprises of hitting, slapping, kicking, punching, pushing and so forth. Weapons such as knives and other sharp instruments are often used during the course of physical violence (Sigsworth 2009; Tshwaranang Legal Centre 2012). 

Emotional violence 

Emotional violence frequently comprises of verbal abuse, name calling and denigration of the other. It involves acts of embarrassment, humiliation and contempt. These acts impact one’s sense of self, self-esteem and selfconfidence (Ludsin & Vetten 2005). 

Economic violence 

This consists of control of a partner’s assets, access to money and other economic resources. The male partner may be unwilling for his female partner to work or may manage and abuse her payment for work done (Ludsin & Vetten 2005). 

Sexual violence 

This is the most frequent form of GBV and may include rape, sexual harassment, sexual exploitation and trafficking for sexual reasons (Mathews 2010; Vetten 2003). 

Femicide 

This is characterised by the killing of a female partner by an intimate male partner and is regarded to be the most extreme outcome of GBV (Mathews 2010; Vetten 2005).

The psychological consequences of GBV include: 

  • posttraumatic anxiety disorder (including nightmares, intrusive memories, flashbacks, numbing, hyperarousal, hypervigilance); 
  • major depression (temper outbursts, tiredness, worthlessness, hopelessness, helplessness, irritability, insomnia, restlessness, loss of appetite or overeating);
  • complicated trauma (persistent feelings of emptiness, anger, sadness, self-mutilation, preoccupation with the perpetrator); 
  • generalised anxiety conditions (overanxious, fearful, constantly worried).

The Domestic Violence Act in South Africa have the following provisions to protect victims of domestic violence: 

  • right to apply and receive protection order;
  • the police officer has a duty to assist the victim of domestic violence;
  • the police officer has a duty to arrest the perpetrator of domestic violence;
  • the victim has a right to receive psychological and medical help. 

This Act is very clear about things that need to take place to protect victims of domestic violence, but there are dilemmas with its execution.  The role of the police In terms of the Act, the police need to play a role of helping the victim or arresting the perpetrator of GBV. The police are also required to enable the victim to seek legal assistance, particularly obtaining a protection order and serving it on the perpetrator. It is also crucial for the police to refer the victim for counselling or to a shelter for safety and accommodation. Although the Act is clear about the role of the police, studies have discovered that many police officers are reluctant to help victims of GBV as they see these cases as a ‘private matter between two partners/lovers’ (Mathews & Abrahams (2003].

Written by: Bertus Preller, a Family Law Attorney at Maurice Phillips Wisenberg.

Abused?


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Gender Based Violence South Africa

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Email: familylaw(@)mpw.co.za​


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  • Home
  • Divorce
    • The Reasons for Divorce
    • The Divorce Process in South Africa
    • Rule 41A Mediation
    • The Marital Property Regimes >
      • Marriage out of Community of Property, new case
      • Marriage in Community of Property
      • Marriage out of community without accrual >
        • Understanding Post-1984 Marriages
      • Marriage out of community with the inclusion of the accrual
      • Anti-Dissipation Interdicts Divorce
      • Universal Partnerships
      • Antenuptial Contracts
      • Register Antenuptial Contract Online
      • Changing your matrimonial regime.
      • Postnuptial Contracts
    • Division of Assets at Divorce >
      • Forfeiture of Assets in a Divorce
    • Evicting your spouse divorce
    • Retirement Funds and Divorce
    • Living Annuities
    • Hiding Assets in a Divorce
    • Trusts and Divorce >
      • Can I hide assets in Trust?
    • Divorce a Missing Spouse
    • Adultery and Suing a Third Party
    • Domicile in Divorce Cases
    • International Divorces in South Africa
    • Expat South African Divorce
    • International Jurisdiction
    • Spousal Visas
    • International Divorce Law >
      • UK Divorce Laws
    • Choosing a Divorce Attorney
    • On-line Divorce
    • Lawyer Fees and Costs
    • Important Aspects of a Divorce
    • Divorcing a Narcistic Spouse
    • Dealing with Emotions During Divorce and Separation
    • Divorce Statistics
    • Divorce Therapy and Counselling >
      • Marriage and Relationship Therapists
    • Rebuilding Your Financial Life
    • Divorce Attorney Cape Town
    • Ingredients of a successful relationship
    • What are the elements of a successful marriage?
    • Uncontested Divorce
    • Uncontested Divorce - What Happens on the Court Day?
  • Maintenance
    • Spousal maintenance
    • How to calculate Child Maintenance?
    • Maintenance Defaulters
    • What Happens if you don't pay child maintenance
    • Child Maintenance Frequently Asked Questions
    • Rule 43 Interim Maintenance Pending Divorce >
      • Can I appeal a Rule 43 Order
      • Apply for Costs in Rule 43
      • Financial Disclosure Rule 43
      • Rule 43 Maintenance
    • The Maintenance Manual
    • Grand Parents and Maintenance
    • Variation of Maintenance due to loss of employment
    • Contempt of Court Maintenance
  • Children
    • Section 28 of the Children's Act
    • Relocation and Child Abduction >
      • Frequently Asked Questions about Child Relocation
      • Child Relocation to New Zealand
    • The Hague Convention >
      • Child Participation in South African Family Law and the Hague Convention
      • International Child Custody Law South Africa
      • Hague Applications and Domestic Violence
      • Mirror Orders and the Hague Convention
      • Tips on international child custody
    • Unmarried Parents and the Law
    • Unmarried Fathers Rights
    • Parenting Plans >
      • Parenting Plan
      • Conflict and dispute-resolution mechanisms
    • The non-custodian parent and contact
    • Appointing a Guardian in a Will
    • Introducing a new partner to your child
    • Refusal of Contact
    • Suspending Parental Rights
    • The Law on Grandparents Rights over Children
    • Parental Alienation >
      • Alienating Children
      • Parental Alienation Imprisonment
      • What is the effect of Parental Alienation on children?
    • Living Arrangements
    • What effect does divorce have on children?
    • The Voice of the Child in Divorce
    • Facilitation
    • Joint decisions about your child
    • Paternity Disputes
    • The Family Advocate
    • Parenting during separartion
    • Children's Act 38 of 2005
  • Abuse
    • Domestic Violence Legislation and Case Law
    • The New Domestic Violence Act 14 of 2021
    • Gender Based Violence in South Africa
    • Domestic Abuse Forms
    • Evicting a Spouse
    • Being married to a Narcissist.
    • Divorcing an Abusive Spouse
    • What is Coercive Control?
    • What is Emotional Abuse
    • What is Sexual Abuse
    • What is Financial Abuse >
      • Economic Abuse
    • What is Stalking
    • What is Verbal Abuse
    • What is Spiritual Abuse
    • What is Social Abuse
    • Revenge Porn
    • Interdict Intimate photos
    • Steps to obtain a Protection Order
    • Domestic Violence eBook
    • The Protection Order
    • Who Qualifies for a Protection Order
    • Breaching a Protection Order
    • Questions on Domestic Abuse
    • Signs of an Abusive Relationship
    • Domestic Violence Information
    • Harassment >
      • Harassment Forms
  • Cohabitation
    • Universal Partnerships in South African Cohabitation
    • Maintenance and Cohabitation
    • Interim Maintenance and Cohabitation
    • Sample Cohabitation Agreement
    • Engagement and the law
  • Formalities for marriage in south africa
    • South Africa's New Marriage Bill: A Step Towards Equality and Inclusion
    • Same Sex
  • Family Law eBooks
  • Family Law Links
    • The South African Court System
    • Court Rolls
    • Family Law Legislation
    • Family Law Blog
    • New Family Law Cases
    • Register for the Online Family Law Course
  • About the Author
  • Contact
  • Charities