GBV laws must be strengthened: President Ramaphosa

Image: SANews.gov.za

Delivering the keynote address at the International Association of Women Judges (IAWJ) biennial conference on Wednesday, the President said it is critical that these legal deficiencies are urgently identified and resolved.

“A central issue is overcoming the blind spots in the law and the legal system that are working against the rights and interests of survivors.

“For the fight against gender-based violence to be strengthened and have a measurable and sustainable impact, it is critical that these deficiencies are addressed to bring about change,” the President said.

Judges, magistrates, legal professionals and policymakers from across the world are currently meeting at the biennial conference of the IAWJ underway in Cape Town to address the global scourge of gender-based violence and femicide through judicial leadership and activism.

This year’s conference is organised under the theme: “Resilience: Women in Leadership to End Gender-Based Violence & Femicide”.

It is the first to be hosted in South Africa under the leadership of a female Chief Justice of the Republic of South Africa, Mandisa Maya, who is also the IAWJ Vice President.

President Ramaphosa last addressed the IAWJ back in 2022, which was the year the country passed a trio of laws to strengthen the legal framework and offer greater protection to survivors.

Following an extensive public consultation process, the country amended three existing laws as part of the wider effort to combat GBVF.

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Criminal Law Act amendments

Amendments were made to the Criminal Law (Sexual Offences and Related Matters) Amendment Act to introduce a new category of sexual intimidation, and to expand the scope of the National Register for Sex Offenders.

The Criminal and Related Matters Amendment Act was amended to regulate the granting and cancellation of bail, to regulate sentences for offenses committed against vulnerable persons, and to advance the right of complainants to participate in parole proceedings.

Lastly, the Domestic Violence Act was amended to expand the existing definitions of domestic violence, and to enable survivors to apply for protection orders online.

President Ramaphosa stressed that while courts are constitutionally mandated to dispense justice without fear or favour, it is equally important that justice is seen to be done.

He said that in addressing the scourge of gender-based violence, it is not enough to have laws in place - they must be implemented and enforced effectively.

“In the context of gender equality, and within the context of high levels of gender-based violence more specifically, what do we mean? It means laws cannot just be written - they must be enforced.

“It means that perpetrators must be held accountable, and that the sentences they are given should reflect the seriousness of their crimes. When judicial discretion is exercised in a prescribed minimum sentencing regime, the reasons for departure must indeed be substantial and compelling,” he said.

The President further highlighted the need for fairness, not only in ensuring the accused receives a fair trial, but also in how survivors of gender-based violence are treated by the courts.

“It means fairness, and this doesn’t only apply to an accused’s right to a fair trial. It also applies to fair treatment of survivors of GBV by our courts, and that they should not be subjected to bias and victim-blaming,” the President said.

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Unique experience and perspective

President Ramaphosa emphasised that the IAWJ is a catalyst for change, highlighting the unique contribution that women judges make to the legal profession.

“As women judges, your lived experiences provide insight into the realities behind the cases, and you have the power to reshape how the law is interpreted, how justice is delivered, and how society evolves.

“This conference is an opportunity to sharpen our collective commitment to law that heals, courts that transform, and to systems that centre humanity,” he said.

In addition to utilising the law, President Ramaphosa emphasised the need to embark on many other efforts to combat gender-based violence and femicide, and have a multifaceted approach that will include education and spreading awareness about the importance of gender equality from a young age.

He also underscored the importance of engaging men and boys in the conversation to prevent gender-based violence. He further called on society to advocate for women’s empowerment and economic independence, which would help reduce their vulnerability to abuse.

“We must make men and boys part of the conversation to prevent gender-based violence. We should also as society insist that women should have more control over their lives and economic independence which will reduce their vulnerability to violence.

“I wish you well in your deliberations and I am confident that the outcomes of this conference will make a significant impact in advancing the fight against gender based violence and femicide,” the President said.

The biennial conference will end on Saturday, 12 April.