November 21, 2025
Human Rights
Beyond the Law: Why Combating Gender-Based Violence Requires Societal Action
The law ultimately sets the standard for the behaviour of individuals within a society by regulating the manner in which persons conduct themselves and enforcing punishment when the need arises—a mechanism used to deter the future commission of crime and to enforce retribution. Importantly, South Africa’s legal system is underpinned by a transformative Constitution that emphasizes the paramountcy of human rights. However, in spite of this progressive legal system, South Africa continues to face a gender-based violence pandemic (the “crisis”) that resembles an uncontainable fire showing no signs of slowing down. The following article investigates the reasons behind this relentless plight.
South Africa’s progressive law governing gender-based violence
In the recent years, our legislative system has beautifully reflected the values enshrined in the Constitution of the Republic of South Africa, 1996 (the “Constitution”) in respect of the protection afforded to [vulnerable] members of society. The Criminal Law (Sexual Offences and Related Matters) Act of 2007 (“Sexual Offences Act”) is a progressive legislative instrument enacted to confront the alarming prevalence of sexual offences in South Africa. The Act expands the scope of punishable conduct and introduces measures designed to strengthen the protection of vulnerable persons affected by such offences. When deciding on matters relating to sexual offences, our courts have taken into account Constitutional values, as well as the basic principles of public policy, employing a more open-minded approach when deciding a matter; a stark example would be the landmark case of Director of Public Prosecutions, Eastern Cape, Makhanda v Coko (248/2022) [2024] ZASCA 59 (“Coko”).
The Supreme Court of Appeal (“SCA”) in Coko ruled that an individual has the right to withdraw consent at any time during the commission of a sexual act and shall have such withdrawal of consent respected. Furthermore, the Constitutional Court in Tshabalala v S; Ntuli v S (CCT323/18;CCT69/19) [2019] ZACC 48 held that the doctrine of common purpose—the principle that criminal liability is attributed to each person in a group responsible for a crime committed by a member of such group on the basis of common intention—is applicable to the common law definition of rape. This decision is in keeping with constitutional values and international obligations in that any persons involved in the perpetuation of a sexual crime, though not actively involved in that particular crime, should be found equally guilty in spite of rape being an instrumentality offence. Evidently, our courts have taken a progressive approach in rulings on sexual offences, guided in part by the principle of judicial precedent, which allows for the appeal and reconsideration of decisions made by lower courts by higher courts in order to give effect to the spirit of the Bill of Rights—a true testament to transformative constitutionalism.
A continuing crisis
Despite the progressive nature of our legal system, sexual offences and the brutal murder of women and children—who are most frequently affected, though men are not immune—continue to occur at alarming rates, highlighting a stark disjunction between the law and the lived realities of society’s most vulnerable. In the period between April 2024 and September 2024, approximately 19, 430 cases of rape had been reported. What is equally concerning is the low conviction rate of sexual crimes—particularly rape cases—which remains below 10% of the cases that are reported. The majority of reported cases of gender-based violence are dismissed by the South African Police Services or fail to be prosecuted due to the National Prosecuting Authority declining to do so on the basis of ‘false’ accusations or insufficient evidence.
Over and above the alarming statistics highlighting the prevalence of gender-based violence within our country, an additional point of concern is the widespread desensitization to its existence. Gender-based violence, for the most part, is not treated with the urgency it requires. This lack of urgency from citizens may arise from a sense of defeat or hopelessness, and though it may be understandable, we cannot despair as change can be achieved.
Collective responsibility
It is impossible to confront the crisis of gender-based violence without addressing the underlying forces that drive its existence—for therein lies the path to meaningful solutions. Violence against women and children arises, inter alia, from entrenched poverty, unequal access to essential services, distorted power dynamics, epistemological influences such as societal beliefs and misconceptions about consent, and the persistent lack of urgency in responding to gender-based violence cases by law enforcement. A pervasive misconception is that ordinary civilians lack the influence to change entrenched social crises such as gender-based violence. Too often, we assume that only those in positions of authority—the legislature, the judiciary, political leaders or law enforcement—hold the power to effect meaningful change, while our own participation is insignificant. This mindset ultimately gives rise to the ‘bystander effect’—a phenomenon in which individuals are less likely to assist a victim when others are present, operating under the assumption that someone else will intervene.
Needless to say, this belief is not only misguided but profoundly harmful; history has consistently shown that the collective voice of citizens carries profound weight in reshaping societies, dismantling harmful norms, and demanding accountability. Every citizen has the power to confront gender-based violence. It begins with personal responsibility—educating ourselves about consent and rejecting harmful beliefs about power; it continues with courage by speaking out publicly, refusing to let silence protect injustice, and standing beside victims with compassion; it grows through education, spreading awareness of this national crisis, and it culminates in solidarity, listening to and believing survivors so that openness and trust can thrive. When ordinary people unite in these ways, they become extraordinary catalysts for justice.
Conclusion
The surge in gender-based violence makes one fact painfully clear: the law cannot shoulder this burden alone. While legislative reforms and judicial interventions remain indispensable, they cannot, in isolation, dismantle the social norms, power imbalances, and cultural attitudes that enable such violence to persist. Meaningful progress requires an active partnership between legal institutions and the society they serve—communities that speak out, families that challenge harmful beliefs, schools that cultivate respect, and individuals who refuse to remain silent in the face of injustice. Only when we collectively recognize and embrace our shared responsibility to confront and transform these conditions will real and lasting change begin to take shape—umntu ngumntu ngabantu.
If you or someone you know is a victim of gender-based violence or any form of abuse, please do not hesitate to contact the following helplines:
GBV Emergency Line: 0800 428 428
National GBV Helpline: 0800 150 150
LifeLine South Africa: 0861 322 322
Childline South Africa: 0800 055 055
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