South Africa still failing the GBV test

The country has laws in place to tackle gender-based violence. Even with them, the system falls short. But it’s not just a question of capacity; there needs to be a fundamental shift in the norms and values of our society.
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On Friday, May 24, Cyril Ramaphosa found his pen to sign some legislation – this time the National Council on Gender-Based Violence and Femicide Bill, and the National Prosecuting Authority Amendment Bill. 

Speaking to his audience, Ramaphosa asked why everyone was “so serious”. “I’m not seeing any smiles; we are all so serious … you are too serious for my liking.” 

Given the gravity of the situation, it’s an unnecessarily glib and insensitive statement.  

And it’s indicative of the gap between the government’s well-meaning intentions and the reality on the ground. 

That becomes all the more clear when you look at the numbers. 

Consider the quarterly crime stats, released this week, as they relate to gender-based violence (GBV). Between July and end-September, there were 10,191 rapes reported.  That’s 111 rapes each day – those that are reported, at least. About 960 women were murdered during that same period – a rate of about 10 a day. And 14,400 women suffered assault with the intent to do grievous bodily harm. 

Then there’s South Africa’s first GBV prevalence study, released by the Human Sciences Research Council (HSRC) last week. It found that about one in three women over the age of 18 has experienced physical violence in her lifetime; marginally more have experienced physical and/or sexual violence. One in four has experienced physical and/or sexual violence from an intimate partner. 

A South African Medical Research Council study released last month found intimate partner femicides numbered three a day in 2020/21 and accounted for 60% of all femicides. “One in six women murdered showed evidence of sexual violence.” 

Over and above the violence and loss of life, there’s the cost to the economy – KPMG in 2014 put this at between R28.4bn and R42.4bn.  A later study estimated it was R36bn for 2019. 

They’re all horrifying statistics – and certainly no smiling matter. 

But as we start the 16 Days of Activism against GBV, it’s worth considering some other statistics. For a start, 44 of the country’s 52 districts lack GBV shelters, the department of social development (DSD) told parliament’s portfolio committee last month. And its much-touted GBV Command Centre (GBVCC) has just 38 social workers left answering calls. 

Reality check 

Now, South Africa has a pretty comprehensive legislative framework around GBV. There’s the Domestic Violence Amendment Act, the Criminal and Related Matters Amendment Act, and there’s the Criminal Law (Sexual Offences and Related Matters) Amendment Act. And, now, the act establishing the GBV national council. 

On the ground, it’s a different story. For a start, the GBV national council – while a necessary step in providing strategic leadership and ensuring collaboration between stakeholders – was first mooted in 2018. So, it’s not exactly fast-tracked. 

The GBVCC, for its part, has flirted with collapse. 

This was supposed to be a world-class facility; it’s supposed to be something of a one-stop shop, providing psychosocial services to victims of GBV. That includes a social worker taking calls, Skype services (for deaf callers), geolocation (to connect callers with their nearest social worker or police station), and “please call me” and SMS Help services. 

Vodacom offered most of these services for free as part of its corporate social investment spending until the contract expired in 2022. Since then – and amid a contractual dispute between the DSD and the new service provider – things apparently took a turn for the worse. City Press last November reported that there weren’t sufficient social workers to answer calls, and Skype and geolocation services weren’t available. 

While the minister swore blind that the centre was operational, her deputy said it had “collapsed”. 

Last month, even the landlines were no longer functional, the auditor-general’s office told the social development portfolio committee. 

There are facilities such as the National Prosecuting Authority’s Thuthuzela Care Centres, which offer an integrated approach to rape care. But the auditor-general has expressed concern that the DSD is not meeting its target to establish GBV shelters and the one-stop GBV Khuseleka centres as a result of insufficient funds. Public protector Kholeka Gcaleka, in a report on GBV in June, also flagged the lack of shelters, insufficient human resources (particularly at the GBVCC) and under-resourcing. And she noted a lack of collaboration with the police. 

There’s little, in other words, to push back the tide of violence. 

As for the police, Gcaleka’s report found, among others, that some stations are without victim rooms, leaving those affected having to recount their abuse in crowded police stations; victims are sent to court without receiving medical attention; there’s a reluctance to register cases; officers don’t inform victims of their right to take criminal action; and responses are delayed by a lack of vehicles. 

A snapshot of the department of justice and constitutional development pointed, among others, to the general dilapidation of the courts; human resource constraints, meaning a lack of assistance to those completing paperwork for protection orders and the like; a lack of office equipment that results in delays; some courts that only issue protection orders one day a week; and language issues that affect access to justice. 

There are other issues, too: the DNA backlog, for example. Then-police minister Bheki Cele announced in February that the extraordinary backlog – amounting to 250,000-odd cases – had been cleared. But that number has crept back up in short order: by last month it was at 70,000. 

An all-of-society approach 

Of course, the GBV scourge isn’t just a failing of the authorities; it also speaks to our failings as a society and the social mores embedded in gender roles and relations. 

Consider some stats in the HSRC report: 12% of women and 11% of men in “ever-relationships” believe women should tolerate violence to keep their family together; 20% of women and 38% of men believe men have the final word in the home; and 60% of women and 67% of men believe women’s most important role is taking care of the home and cooking. 

When it comes to men, 70% believe women should obey their husbands; 25% believe paying a bride price equals ownership; 15% believe they have the right to punish their wives. Ten percent believe women who are raped are to be blamed for putting themselves in that position in the first place, while 12% believe it’s not rape if the woman doesn’t fight back. Eighty-five percent know of laws around GBV, but 74% believe it’s too easy for women to bring charges of violence against men. 

So, it’s not just about treating the symptoms; it’s about tackling the norms and values that allow violence against women to flourish. To train, to educate, to shift perceptions. 

As the HSRC notes, we need to “promote a whole-of-government and whole-of-society approach to shift from emergency responses to long-term protection”. 

So far, if our reactive emergency responses are anything to go by, we’re a long way from winning the war. 

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Shirley de Villiers

With a background in political science and over a decade in journalism, Shirley de Villiers brings a unique perspective to her writing. As a former deputy editor of the Financial Mail, her columns have become known for their wit and insight. Shirley’s ability to distil complex scenarios into compelling narratives makes her a must-read for anyone interested in South Africa’s political landscape.

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