What is GBV in South Africa? Understanding Gender-Based Violence and the Law

Introduction

Gender-Based Violence (GBV) is one of the most pressing social and legal issues in South Africa. It affects people of all ages, genders, and communities. GBV is not only a violation of human rights but also a crime that undermines the principles of equality and dignity enshrined in the Constitution.

At SD Law – Simon Dippenaar & Associates Inc., we work with survivors of GBV to ensure their voices are heard and their rights are protected. This article explains what GBV is, how South African law addresses it, and what remedies are available if you or someone you know is affected.

What is GBV? (Definition)

GBV refers to any form of violence directed at a person because of their gender, sex, or sexual orientation.

• Plain definition: Violence against someone based on gender.
• Policy definition: South Africa’s National Strategic Plan on Gender-Based Violence and Femicide (NSP-GBVF) describes GBV as physical, sexual, psychological, financial, or structural harm inflicted on individuals based on their gender identity or role.
• International definition: The UN defines GBV as “any act that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, men, or children, including threats, coercion, or arbitrary deprivation of liberty.”

Forms of GBV in South Africa

• Domestic Violence – abuse within intimate or family relationships.
• Sexual Offences – rape, sexual assault, exploitation, harassment.
• Economic Abuse – withholding money, denying access to financial independence.
• Psychological Abuse – threats, intimidation, verbal humiliation.
• Workplace Harassment – sexual harassment, abuse of power, exploitation.

The Legal Framework

South Africa has strong laws to combat GBV, including:

• The Constitution – guarantees equality, dignity, and freedom from violence.
• Domestic Violence Act 116 of 1998 – provides for protection orders.
• Criminal Law (Sexual Offences and Related Matters) Amendment Act – criminalises sexual offences.
• Protection from Harassment Act 17 of 2011 – protects against stalking and harassment outside of domestic relationships.
• National GBV Strategic Plan – a government-wide response to GBV and femicide.

How the Law Protects Survivors

• Protection Orders: Survivors can apply for urgent protection orders at magistrates’ courts.
• Police Duties: SAPS must assist survivors, take statements, and open cases.
• Prosecution: Offenders can be charged and tried under criminal law.
• Support Services: Courts often refer survivors to shelters, social workers, and NGOs for additional help.

Challenges in Combating GBV

• Many survivors are reluctant to report abuse due to stigma, fear, or financial dependence.
• Delays and inefficiencies in the justice system.
• Lack of awareness about legal remedies available.
  This is why legal support is critical.

Why Legal Advice Matters

• A family law attorney can urgently apply for protection orders.
• Lawyers ensure survivors’ rights are enforced by police and courts.
• Representation in criminal trials provides survivors with a stronger chance of justice.
• Legal guidance is essential in divorce and custody matters where GBV is involved.

Frequently Asked Questions

Conclusion

GBV is a national crisis, but no one has to face it alone. Survivors have legal rights and remedies available under South African law.

Contact SD Law today for confidential advice and urgent legal support in cases of domestic violence, harassment, or gender-based abuse. We are here 24/7.

SD Law – Simon Dippenaar & Associates Inc.

Attorneys, Notaries & Conveyancers

SD Law is a Cape Town law firm with a strong practice in divorce and family law, urgent eviction matters, antenuptial contracts, liquor licence applications and selected commercial disputes. Clients instruct us when the matter is urgent, high-stakes or strategically sensitive, and when they want direct, clear legal advice backed by practical litigation experience.

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