The National Council on Gender-Based Violence and Femicide Act (the Act) was assented to by the President and gazetted on 27 May 2024. The promulgation of this Act is an important and necessary steppingstone for South Africa in its fight against the rising statistics of GBV and femicide.
The Act defines GBV as “violence associated with gender, which includes physical, sexual, verbal, emotional, economic, domestic, educational or psychological abuse or threats of such acts of abuse in public or private life”.
It defines femicide as “the killing of a female person or a person on the basis of gender identity as a female, whether committed by a person within a domestic relationship, interpersonal relationship or by any other person”.
The Act recognises that GBV is a serious social evil and that survivors of GBV and femicide are amongst the most vulnerable members of society and in dire need of protection. It is in line with the spirit and purpose of our Constitution which is to respect and protect the rights to equality and freedom and security of persons. By adopting a multi-sectoral approach to combatting GBV and a co-ordinated government response the Act aims to combat GBV.
The Act governs the formation and regulation of a National Council and board (the Council) on GBV and femicide and it determines its mandate and terms of operation. This Council will address institutionalised issues surrounding GBV by establishing links between the government, private sector, and civil society to combat GBV through training and education.
To ensure that the Council effectively implements its objectives and purpose, the Act makes provision for the:
- Board of Council;
- Terms of office;
- Meetings of the board;
- Committees of the board;
- Appointment and functions of the Chief Executive Officer (CEO)
- Secretariat of Council;
- Funds of Council;
- Financial management; and
- Regulations.
The Council's chief objective is to provide ‘strategic leadership' as part of a systematic co-ordinated approach across sections of society to eradicate the scourge of GBV and femicide. It is empowered to monitor, evaluate, and advise the Minister of Women, Youth and Persons with Disabilities on progressive strategies, international developments, and action plans on how to combat GBV and femicide. Implementing programmes in schools to educate and train pupils about GBV and tackling the root causes of GBV and Femicide is within the ambit of the Council.
Section 5 of the Act specifically states that in order to achieve the purpose of this Act, the Council must:
- develop an action plan for the implementation of a national strategy which will address GBV and femicide;
- put measures in place for education and training concerning the prevention and combating of gender-based violence and femicide;
- ensure that there is co-ordination between all structures established in terms of the Act relating to the implementation of the national strategy addressing gender-based violence and femicide;
- facilitate strategic partnerships between the Council and relevant stakeholders; and
- prioritise gender-based violence and femicide programmes at national, provincial and local level; and in the community and other forums.
South Africa already has comprehensive legislation and policies against GBV, which is inclusive and extensive, such as the Domestic Violence Amendment Act, Criminal and Related Matters Amendment Bill, Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill, Criminal Law (Forensic Procedures) Amendment Bill etc.
But it can be argued that this existing legislation mostly addresses the “symptoms”, effects and penalisation of GBV and femicide. There is a gap in the current legal framework where there is no provision made for preventative programming, interventions to change gender norms, support, and therapeutic services.
This Act and its promotion of involving different stakeholders such as different state departments aims to examine the causes of GBV and femicide by delving into social issues such as the crime rate in the country, unemployment, the lack of information on GBV and femicide in basic and higher education curriculums. This approach may create a culture of accountability and hopefully, assist with reducing and ultimately eradicating GBV and femicide in society.
Conclusion
The World Health Organisation (WHO) presented a Global Plan of Action on strengthening the role of the health system within a national multisectoral response, to address interpersonal violence, in particular against women and girls, and against children. The South African cabinet also followed international standards by adopting a National Strategic Plan on Gender-Based Violence and Femicide in March 2020, which also focuses on multi-sectoral approach and a co-ordinated government response to combatting GBV. Whilst it is a comprehensive strategy, without this Act, the Plan would not be fully funded and have any legal standing.
It is of outmost importance that adequate resources for the implementation of the National Strategic Plan are allocated otherwise the Council and the strategic plan will have no real impact.
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