Page 10 - SCAT GBV Report - Addressing Gender-Based Violence - 2021

individuals thought it was acceptable for a man to hit a woman if she burns the food’ (Statistics South Africa, 2018:21). This suggest an internalisation of dominant gender norms, which perpetrate ideas and practices which devalue, undermine and violate people on the basis of sex, sexuality, sexual orientation and/or gender identity.
The democratic era has ushered in robust and far-reaching domestic, regional and international human rights frameworks to curb GBV (SAHRC, 2018). The Constitution and certain national laws provide the legislative architecture for the state to actively promote and protect against discrimination and advance sexual and gender rights and equality.9 In addition to constitutional protections and the remit of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000, South Africa also has specific legislation to address GBV. Most significant of these are the standards and obligations set out in the Domestic Violence Act 116 of 1998 (DVA) and the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (SOA).10 The DVA places responsibility on state organs, in particular the SAPS, to ensure that survivors of domestic violence are able to apply for protection orders against their abusers.11 The statutory role of the police is extensive and includes: assisting complainants with finding shelter and obtaining medical treatment; and accompanying them to collect personal items from their residence. The SAPS is also obligated to serve protection orders, to arrest abusers who breach such orders, and to remove weapons from abusers. The SOA provides the framework for the provision of protection to all victims of sexual offences, including vulnerable groups. However, the translation of these laws into changed realities is lacking, and the majority of victims of GBV fail to receive adequate care, protection and legal recourse (Vetten, Leisegang & Haken, 2010). A damning finding is that ‘overall, no department has complied in full with its legislated mandate in terms of either the DVA or SOA. No department would appear to have adequately budgeted for the implementation of the two laws either; in fact, some provisions of the SOA, as well as protective measures for victims at court, have not materialised due to under-budgeting’ (Vetten, Leisegang & Haken, 2010:5). In addition, the Department of Women, Youth and Persons with Disabilities has failed to meet its targets and has been ineffective in its role in the implementation of law, in gender-responsive budgeting, and in monitoring state departments on the delivery of their legal obligations (SAHRC, 2018:5). Moreover, the inadequate enforcement of laws and services by state health, justice and social welfare institutions, has effectively shifted the burden of assisting survivors onto non- state actors, and CBOS and NGOs in particular.
Largely in response to a groundswell of public advocacy and protest against GBV in recent years, the newly launched NSP-GBVF signals increased political will to deal with gender discrimination. This ambitious national plan sets out the roles and responsibilities of various stakeholders and provides a new entry point for civil society advocacy and accountability.12 However, the extent to which this translates into more effective implementation of laws, policies and services, and ultimately into the materialisation of rights and justice, remains to be seen.
9. It is also noted that the National Development Plan has ‘no reference to gender and the unique barriers faced by women, especially in rural areas’ (CGE, 2018:5).
10. Important too are the Children’s Act 38 of 2005, the Maintenance Act 99 of 1998, and the Protection from Harassment Act 17 of 2011.
11. Significantly, the DVA defines domestic violence broadly and includes physical, sexual, emotional, verbal,
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“Finish this Elephant”: Rural Community Organisations’ Strategic Approaches to Addressing GBV
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psychological and economic abuse, as well as intimidation, harassment, stalking and controlling behaviours.
The six pillars of the NSP-GBVF are: accountability, coordination and leadership; prevention and rebuilding social cohesion; justice, safety and protection; response, care, support and healing; economic power; and research and information management (Government of South Africa, 2020).